Why is hewing to abstract principle, which is so often derided as being “impractical”, in fact the most practical course of action you can take? Because, when you cave in to bullies — in addition to committing a grievous injustice to your own interests — you are telling them in no uncertain terms that you’ll do it again.
I saw this passionate business letter cited at Coyote Blog the other day, but it was my friend Richard Nikoley who unearthed the gem quoted below.
I have seen Monster Cable take untenable IP positions in various different scenarios in the past, and am generally familiar with what seems to be Monster Cable’s modus operandi in these matters. I therefore think that it is important that, before closing, I make you aware of a few points.
After graduating from the University of Pennsylvania Law School in 1985, I spent nineteen years in litigation practice, with a focus upon federal litigation involving large damages and complex issues. My first seven years were spent primarily on the defense side, where I developed an intense frustration with insurance carriers who would settle meritless claims for nuisance value when the better long-term view would have been to fight against vexatious litigation as a matter of principle. In plaintiffs’ practice, likewise, I was always a strong advocate of standing upon principle and taking cases all the way to judgment, even when substantial offers of settlement were on the table. I am “uncompromising” in the most literal sense of the word. If Monster Cable proceeds with litigation against me I will pursue the same merits-driven approach; I do not compromise with bullies and I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds. As for signing a licensing agreement for intellectual property which I have not infringed: that will not happen, under any circumstances, whether it makes economic sense or not.
I say this because my observation has been that Monster Cable typically operates in a hit-and-run fashion. Your client threatens litigation, expecting the victim to panic and plead for mercy; and what follows is Read more
Chris Johnson calls the tiny town of Westerville, Ohio, home — a challenge for a loan officer. A prolific weblogger and an incipient father, Chris is a tireless advocate of continuous self-improvement.
The Black Pearl Award this week goes to Russell Shaw for 