I have followed with interest the decision-making process related to the operation that led to the death of Osama bin Laden (OBL) in May 2011. The CIA did not know with certainty that OBL was in the strange-looking three story compound (with no phone or Internet service) in Abbottabad, Pakistan. It knew that three families lived there, that a tall man lived in the top story and that the third story patio was shielded so...
Environmental Law 101: What Yahoo and Tumbir Show Us About Corporate America.
For those who care, Yahoo has announced that it is acquiring startup blogging site Tumbir for more than $1 billion. A new acquisition by Yahoo did not surprise Wall Street, but the decision by Yahoo CEO Marissa Mayer to keep Tumbir independent and leave its founder David Karp, a high school dropout, in charge did. This reminded me of an experience I had several years ago which I think is worth sharing because it epitomized...
Environmental Law 101: The Wisdom of Sun Tzu Applied to Environmental Negotiations.
The three step process I propose for achieving success in environmental negotiations consists of defining success up front, planning strategically and focusing intensively on the desired outcome. I have suggested that you should consider not only what your own objectives are (i.e., your “needs” as compared to your “wants”), but also the needs of the party with whom you are negotiating. Everyone has their own approach to negotiating; lots of speakers make lots of money...
Environmental Law 101: The Art of Environmental Negotiation According to Longfellow.
How does a regulated entity negotiate with a regulatory agency or a prosecutor? It’s a controversial subject which lends itself to never-ending debate. Longfellow wrote in the Saga of King Olaf that: “Strength is triumphant; meekness is weakness.” Is making a reasonable offer a sign of weakness? What is the psychology that drives the fear of appearing to be “weak?” Does this psychology help get a good settlement or does it stand in the way?...
Environmental Law 101: What the Attempted Assassination of Ronald Reagan (and the Legend of King Arthur) Tell Us About the Management of Environmental Crises.
The most important characteristics that an attorney can exhibit are dispassionate thinking, issue identification and problem solving. Good old fashion counseling. Many managers view the lawyer’s role as negotiating, litigating and arguing. In fact, these are minimum qualifications. It may come as a surprise, but a lawyer can also think, make sure facts are right, interpret nuance, parse the meaning of language, draft precisely and analyze without bias. A lawyer does not collect the data...
Environmental Law 101: Civility Costs Nothing, But Buys Everything.
I borrowed the title for this post from English writer Mary Wortley Montagu because it expresses my personal philosophy. [I don’t like “ideologies” because they require you to surrender your thought process and to accept predetermined outcomes; they constitute “group think.” Far better that personal philosophies guide our conduct.] In this case, Montagu’s quote reminded me of a law school experience during which one of my professors, a brilliant teacher, asked: “Who is right— Prosser...