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Litigation Risk.
Litigation is not an end, but it is a means. In the United States
today, litigation risk is a hazard that must be managed and
cannot be ignored. Those who have had their first experience
with serious litigation in the U.S. courts may conclude that it
represents the ritual equivalent of mutually assured destruction. Everyone is unhappy at the end of the process.
Everyone loses, even
the winner. This suggests that litigation should never be viewed as
the solution of first resort. On the other hand, if you are never
prepared to assume the risk of litigation under any circumstances,
at some point you may well have to forego achieving your best
result in business and financial affairs. A categorical
unwillingness to risk litigation is understandable, but it
also tends to lead to premature compromise that falls short of
reasonable objectives.

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