The Limits Of Federal Rule Of Evidence 408

Law360, New York (May 18, 2011, 2:29 PM EDT) -- Over 2,000 years ago, Chinese philosopher Sun-Tzu set forth the fundamentals of statecraft in his famous work "The Art of War." Sun-Tzu noted that “the true object of war is peace,” and that “to fight and conquer in all your battles is not supreme excellence; supreme excellence consists in subduing the enemy’s resistance without fighting.”

While civil litigators are not statesmen or generals, they frequently seek to achieve their clients’ goals through a means — litigation — that resembles warfare. Yet wise attorneys also know that,...
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