Week 8 – November 5, 2018
Syllabus: The Role of the State Attorney General
This week, we put to use the information we have learned so far about Attorneys’ General, multistate litigation, and outside counsel by engaging in a mock negotiation between a bank (along with its insurer) on the one hand, and the states (along with outside counsel), on the other hand.
The problem is posted above, along with the character assignments. The Readings are designed to provide background on the financial crisis and the states’ approaches to dealing with that crisis that might help you in your strategy. Each student also will be given secret, personal instructions the week before the exercise that you may share, or not, with your team or with the other side, as you see fit. Each side should meet ahead of class to discuss strategy.
As instructed in the problem, each team should meet beforehand to map out strategy. You cannot meet with the other side or with another section. Come to class prepared to negotiate. The negotiation will be in real time. In other words, Prof. Brann will give you a set amount of minutes that will not be extended under any circumstances.
“They Warned Us About the Mortgage Crisis, State whistleblowers tried to curtail and greedy lending and were thwarted by the Bush Administration and the Financial Industry,” Business Week, October 9, 2008, Robert Berner