Savvy litigators often tell their clients that “a bad settlement always beats a good litigation”. That may be partly because there is embarrassingly scant guidance in the literature, or even in the world’s law schools, on how lawyers can help their clients settle well rather than badly. I recently had the honor of writing the…

During a break in arbitration hearings in New York a few years ago, I took a side trip to the American Museum of Natural History to meet Robert Carneiro, the museum’s Curator Emeritus of South American Ethnology. (You do these things when you’re an in-house litigation counsel, especially when the alternative is another day in…