Comments on: Quanta v. LG—Chief Justice Roberts on the “Let’s Sort It Out in Litigation” Approach http://www.adamsdrafting.com/2008/01/18/quanta/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: Michael http://www.adamsdrafting.com/2008/01/18/quanta/comment-page-1/#comment-32313 Michael Tue, 22 Jan 2008 20:26:28 +0000 http://www.adamsdrafting.com/2008/01/18/quanta/#comment-32313 Ken's comment is a very interesting one and it goes to the heart of some of my daily frustrations. How are you supposed to effectively manage risk through contracts when the cost-benefit analysis always goes against you? Not that there's any real analysis that goes on here, it's just a matter of "if we're going to make money, we're going to go ahead regardless of what Mike says". Ken’s comment is a very interesting one and it goes to the heart of some of my daily frustrations. How are you supposed to effectively manage risk through contracts when the cost-benefit analysis always goes against you?

Not that there’s any real analysis that goes on here, it’s just a matter of “if we’re going to make money, we’re going to go ahead regardless of what Mike says”.

]]> By: D. C. Toedt http://www.adamsdrafting.com/2008/01/18/quanta/comment-page-1/#comment-31337 D. C. Toedt Sat, 19 Jan 2008 03:49:15 +0000 http://www.adamsdrafting.com/2008/01/18/quanta/#comment-31337 "Of course, whether it’s best to tackle an issue head-on or take your chances on the possibility of litigation requires in each case a cost-benefit analysis." Yup. Business people frequently would much rather get the ink on the signature line and gamble that the contract will never go to court. Percentage-wise, often that's not a bad bet. A lot of outside counsel don't realize that (I used to be one of them). “Of course, whether it’s best to tackle an issue head-on or take your chances on the possibility of litigation requires in each case a cost-benefit analysis.”

Yup. Business people frequently would much rather get the ink on the signature line and gamble that the contract will never go to court. Percentage-wise, often that’s not a bad bet. A lot of outside counsel don’t realize that (I used to be one of them).

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