E.CA Economics’ Post

Bullshit is what I often think about this kind of rankings & tombstone awards: survey method suspectable and success always team success, not personal. In this case it is different. Rainer Nitsche is a role model for generations of competition consultants, both in the past and for the future - thriving for intellectual excellence and a projects’ success, with a clear compass for robust and honest arguments, grounded in sound economics & facts, vs. lobbying and biased advocacy. Intellectual rigour, professional credibility and commercial success come hand-in-hand, that’s his simple message to our profession.    Rainer Nitsche is also one of the most energizing personalities I have ever met. Having worked together with him over the past 20 years, building a leading European competition economics consultancy together, I can testify that his enthusiasm and stamina was key in E.CA Economics’s success story. Thanks for the long-lasting collaboration and congratulations, Rainer Nitsche!

Here's a little video from last week, and a link to the FTIL Europe winners for 2024. I know it's a cliche, but it is dramatic how much the profession is changing. My intro article for the FT report talks about how the US law firms' expansion in Europe, and their exponential growth overall, is disrupting historical law firm hierarchies. For many law firm leaders, this is way more worrying than the impact of gen AI on their business models. I predict that over the next couple of years, we are really going to see the difference between those firms who have a strong, clearly articulated strategy and those who don't. Thanks as always to the generous insights from the law firm leaders I speak to every year who also inform the agenda for the FT/RSGI Global Summit, to name a few: Alan Mason, Hervé Ekué, Michael Davison, Paul Lewis, Shane Gleghorn, Sabine Comis at Dechert LLP, Duncan Weston, PhD, Stephen Kensell at Latham & Watkins, Neel Sachdev Thanks also to the FT team, Harriet Arnold and Robert Grange for so many things! & team RSGI! https://lnkd.in/dh89ZTZ9

“Jury service is an obligation, not an option.” A judge said this to a San Diego jury I helped select last year. I disagree with her message. Jury duty may be an obligation but courts should STOP framing it as such. Jury service is a privilege. It is power. It is American. Without a doubt the most frequent question I get asked when people find out about my work with juries is: “How do I get out of jury duty?” It’s a shame, but I can’t blame them. It’s no wonder our culture has a tainted misperception of jury duty when courts themselves patronize grown adults and perpetuate the perception that jury duty is a forced inconvenience. The message should be focused on the carrot, not the stick. After spending some time outside of the United States, I understand how lucky we are to even have the carrot in the first place. Other countries WISH they had a democratic jury system like ours. Just look at Japan or Argentina’s developing jury systems. Well, what is the carrot? That our voice matters. That we get to participate in a decision that affects our community. And I have empirical support for this. Some classmates and I conducted a study on jury duty satisfaction, and found that meaningful engagement drives satisfaction in jury service, and that as trust increases, so does satisfaction with the process. [PDF below] Instead of barking at people who report to jury duty that they have no option, courts could highlight the respect and power of jurors and tell them what I tell my friends: That is, we need the people in our communities to make the decisions in our community. It’s one of the few (if not only) times in your life where you may be the closest to influencing law in this country. Think twice before you willingly give up that power. I understand it is legally mandatory, but realistically, it is an option whether or not to serve. Smart people can easily find a way out of jury duty. But we need those smart people to be motivated to serve.

It's been a tough week in Vienna. #Vismoot brings together arbitrators, academics and students. It is a great possibility to meet new colleagues, take part in the competition or attend practitioners events to gain some insights into current trends and problems in commercial arbitration. In addition to participating as a Coach this year, I was delighted to be able to attend the 19th Annual ICDR Y&I Coffee House Debate on 24 March. The debate was held on the procedural topics of this year's Vis Moot problem under the ICC Arbitration Rules: firstly, whether any new claims should be authorized after the subject matter of the dispute has been settled in the pre-hearing conference, and secondly, whether the parties can amend some/all provisions of the chosen institutional arbitration rules. I truly believe that both groups of panelists (pro/contra group) made a good job. Although it is hard to argue for something you don't believe in, since the majority of practitioners favour a middle way, it was interesting to hear both sides' arguments for those extreme cases. I got the impression that on the first topic, the audience voted in favour of allowing or adding new claims, arguing for the flexibility of arbitration and its difference from strict state court procedures. On the second topic, I felt that the audience was more convinced that the autonomy of the parties allows them to change any/all provisions of institutional arbitration. This can indeed be illustrated very well using the example of filling fees. The parties cannot simply agree not to apply the provisions on filling charges. Of course, this would be an extreme case and the ICC would not administer the case, but it helps to illustrate that this cannot be the case. Furthermore, there is ultimately agreement that the autonomy of the parties should also have its limits. Many thanks to the panelists, especially Gretta Walters @MarkKrestin @EmilyBrait @JoséACasasChavana, great moderators @PatriciaShaughnessy and @MarkKantor, and of course organisers International Centre for Dispute Resolution® (ICDR) AAA-ICDR Foundation® Baker McKenzie @ChaffetzLindseyLLP @MannheimerSwartling for this event! P.S. The event location was amazing 👏 🤩. #arbitration #vismoot #AAA #Vienna #ICDR #Coffeehousedebate #debate #ADR

Two of our great leaders, who I have had the honor of working with since the day they each joined our firm. Learn more about Kris Miks and Nader Hasan below!

This year, the International Law in the XXI Century Award celebrated its 10th anniversary. We asked the winners of past years how the Award influenced their lives, what it inspired them to do, how it helped them, and what they would wish to future participants. Listen to what they have to say, and go ahead — prepare and submit your papers by 31 March 2025: https://lnkd.in/e3VSSdaE. #award #iclrcaward #internationallaw

A new Super Lawyers case study is now available! The Feinberg, Mindel, Brandt & Klein case study conveys the importance of the Super Lawyers designation, the creative ways they promote their selection, how Super Lawyers strengthens the firm’s referral network, and more. View it here >> https://gag.gl/MMW69n

A new Super Lawyers case study is now available! The Feinberg, Mindel, Brandt & Klein case study conveys the importance of the Super Lawyers designation, the creative ways they promote their selection, how Super Lawyers strengthens the firm’s referral network, and more. View it here >> https://gag.gl/MMW69n

*** THIS IS A SPECIAL EVENT, SO DON'T MISS OUT! *** On 5 November (5pm)… Commercial Law Academy and Watson’s Daily kick off with the grand finale of their commercial awareness competition, which will see five finalists battle it out for the (metaphorical) commercial awareness crown and (literal) top prizes. Each finalist will deliver a 2-minute presentation to all attendees on a topical story that's relevant, prevalent and important, before receiving live feedback from Peter and Jake (this will benefit everyone in attendance who might one day need to deliver a similar presentation during an assessment centre!). There will then be a vote for the winner, and the results from this poll will combine with Jake and Peter's votes to give the winner. Jake and Peter will then provide their usual summary of the key current affairs and trends from October 2024, including insights from a business, marketand legal perspective. Register for free via:  https://lnkd.in/gKu9FnG2

S&C's LatAm expertise is beyond impressive.