"I am not a child, nor am I a fool, nor am I a sucker. I'm also not a
hothead. You can't goad me into saying something. You can't trick me
into saying something. I haven't hung up on you yet, but I will unless
you can give me a single good reason to believe that any good could
possibly come out of talking to you."
"I'm going to write this story and publish it today. I can either
write that you declined to comment or I can write down whatever
comment you might have on the matter. You tell me which is fairer?"
"Goodbye, Freddy."
"Wait, wait! Just wait."
Kettlewell liked the pleading note in Freddy's voice.
"What is it, Freddy?"
"Can I get you to comment on the general idea of litigation
investment? A lot of people followed your lead in seeking out
litigation investment opportunities. There's lots of money tied up in
it these days. Do incidents like the one in Florida mean that
litigation investment is a dead strategy?"
"Of course not," Kettlewell snapped. He shouldn't be talking to this
man, but the question drove him bonkers. He'd invented litigation
investment. "Those big old companies have two common characteristics:
they've accumulated more assets than they know what to do with, and
they've got poisonous, monopolistic cultures that reward executives
who break the law to help the company turn a buck. None of that's
changed, and so long as that's all true, there will be little
companies with legit gripes against big companies that can be used as
investment vehicles for unlocking all that dead Fortune 100 capital
and putting it to work."
"But aren't Fortune 100 companies investing in litigation funds?"
Kettlewell suppressed a nasty laugh. "Yeah, so what?"
"Well, if this is about destroying Fortune 100 companies --"
"It's about wringing positive social value out of the courts and out
of investment. The way it used to work, there were only two possible
outcomes when a big company did something rotten: either they'd get
away scot-free or they'd make some lawyers very, very rich. Litigation
funds fix that. They socialize the cost of bringing big companies to
heel, and they free up the capital that these big companies have
accumulated."
"But when a big company invests in destroying another big company --"
"Sometimes you get a forest where a few trees end up winning, they
form a canopy that keeps all the sunlight from reaching the
floor. Now, this is stable for forests, but stability is the *last*
thing you want in a market. Just look at what happens when one of
those big trees falls over: whoosh! A million kinds of life are
spawned on the floor, fighting for the light that tree had hogged for
itself. In a market, when you topple a company that's come to
complacently control some part of the ecosystem, you free up that
niche for new innovators."
"And why is that better than stability? Don't the workers at these
companies deserve the security that comes from their employers'
survival?"
Public-domain text, read in full here on John Shaqi.
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