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Law Practice

Nov. 15, 2016

'Hear Ye, Hear Ye!' Asynchronously

Imagine, if you can, the negotiation of a complicated transaction in which the lead negotiators have only half an hour to communicate with one another, are not allowed to consult with their colleagues, and must rely solely on their memories for the facts. By David M. Balabanian

David M. Balabanian

Morgan, Lewis & Bockius LLP

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By David M. Balabanian

Imagine, if you can, the negotiation of a complicated transaction in which the lead negotiators have only half an hour to communicate with one another, are not allowed to consult with their colleagues, and must rely solely on their memories for the facts.

That is the course of a typical pretrial motion hearing. The lawyers address the court briefly, responding to its questions without any meaningful opportunity to con...

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