Consider this line from FBI Director James Comey: “We have a name for prosecutors who have never lost—the ‘Chickens--t Club.’” When it comes to going to court, the most important skill isn’t success rate, but fearlessness. Regardless of whether there is going to be a bench trial or a jury trial, negotiations with enforcement authorities always carry with them the risk that if talks break down, you have to go to court. A recent Federal Trade Commission case shows that even in settings like consumer protection investigations, you need to prepare and handle the case as if it may go to trial.
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