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" ... I should not be too hard on Prestowitz. His 1988 book Trading Places was one of the all-time classics on the Japanese economy. Superbly written, it told an astonishing story of how Japanese industries had bootstrapped their way to world economic leadership and how Japanese government officials had again and again outmaneuvered overly legalistic American trade regulators, who hadn't the faintest idea how the East Asian system of cartels, trade barriers, and government "guidance" worked. ... "
" ... The United States takes the approach of substance over form, but foreign nations take, “almost without exception,” the approach of form over substance: “They are very legalistic in the way they read documents,” Howard says, pointing to Canada as an example. In Mexico, she says, “the rules are a little bit looser,” so “you have to learn [about the] country you’re dealing with, you have to learn its environment and decide how you’re going to approach it.” ... "
" ... The law provides for the minimum legalistic requirements. But I believe that part of being an enlightened leader is going above and beyond the bare minimum. Provide your employees with benefits that show you value them. In my experience, when employees feel appreciated and valued, you can improve engagement. ... "
" ... The million-dollar question becomes: If those are fundamental norms, why aren’t they more normally apparent in the business world – especially in business contracts? The answer, as I see it, is that many negotiators remain locked into narcissistic “I-win-you-lose” thinking and highly protective, formalistic and legalistic approaches to contracting. ... "
" ... The special master criticized Labaton and Thornton for “hyper-focus on business development and fee generation” and said both firms “would benefit from the imposition of on-going ethics supervision.” He said it was disappointing neither firm expressed any remorse over the behavior he’d uncovered, instead hiring a “phalanx of experts” who “erected a wall of legalistic and formalistic excuses and blame-shifting.” Labaton even moved to have the judge recuse himself for perceived bias. Wolf, in a detailed response released yesterday, refused and said his recusal “could encourage the perception that litigants can manipulate the system to veto an unwanted judge.” ... "