Last August, in conjunction with the centennial of the start of World War I, I re-read Barbara Tuchman’s classic account of the war’s first days, The Guns of August. Tuchman is a great writer and she tells the story of the war’s first weeks well. One thing she captures particularly well is the way that poor military planning based on fatally flawed assumptions brought on catastrophes that affected all of the combatants.
Unfortunately, Tuchman’s book has some flaws and some critical omissions. Tuchman is a great story-teller, but all too often her desire to tell the story interferes with her account. There are too many sentences like this one, relating to Belgium’s war minister: “Baron de Broqueville, Premier and concurrently War Minister, entered the room as the work concluded, a tall, dark gentleman of elegant grooming whose resolute air was enhanced by an energetic black mustache and expressive black eyes.” Maybe it is just me, but when a war looms, the minister’s grooming, moustache and eyes are hardly relevant. Even if his mustache was — as improbable as it seems – “energetic.”
And whether or not you like the way she tells the tale, the problem is that her rendition is hollow at its core. Although Tuchman dutifully recites Bismarck’s famous quip that “some damn foolish thing in the Balkans” will start the next war, and although she dutifully if tersely recounts how the assassinations of the heir presumptive to the Austro-Hungarian throne, Franz Ferdinand, and his wife, Sophie, triggered the war, she does not explain why the events in the Balkans threatened war so portentously, as Bismarck predicted, or even why the assassination of an Austrian Archduke would provoke a war that drew all of the major powers into what became at the time the most destructive war that the world had ever seen. Indeed, though she does a great job detailing the flaws of the various combatants’ war plans, she does little to explain why they were preparing for war in the first place and why all of the major powers viewed war as inevitable.
So, after finishing Tuchman’s book, I set out on what has proven to be a year of reading to try to gain a better understanding of what happened and why. Continue Reading The Great War: A Book List
Representations and warranties insurance has been around for years, but it is becoming an increasingly important part of M&A transactions, according to an August 24, 2015 Law 360 article (
On August 24, 2015, in a ruling that was much-anticipated because of its potential implications for the regulatory liability exposures of companies that have been hit with data breaches, the Third Circuit affirmed the authority of the Federal Trade Commission to pursue an enforcement action against Wyndham Worldwide Corp. and related entities alleging that the company and its affiliates had failed to make reasonable efforts to protect consumers’ private information. This ruling confirms that, in addition to the disruption and reputational harm that may follow in the wake of a successful cybersecurity, companies may also face a regulatory action from the FTC as well, as discussed further below. The Third Circuit’s opinion can be found
In recent months, commentators from across the political spectrum, largely in response to perceived excesses of activist investors, have called for changes to discourage “
The problems that can arise from the wording of the professional services exclusion in the D&O insurance policy of a service company are perennial issues and a recurring topic on this blog (see most recently
On August 18, 2015, in an interesting opinion that takes a close look at exculpatory bylaw issues and the business judgment rule under North Carolina law, the Fourth Circuit affirmed in part and reversed in part the district court’s dismissal of the failed bank lawsuit the FDIC had filed against former directors and officers of Cooperative Bank of Wilmington, N.C. The appellate court affirmed the dismissal of all of the claims against the director defendants but reversed the lower court’s ruling as to the negligence and breach of fiduciary duty claims against the officer defendants. 

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I have been fairly slow in joining the 21st century. For example, I did not finally purchase an iPhone until last December. I have been trying to make up for lost time, among other things by becoming better acquainted with some of the available apps. In this post, I review three of my favorite new app discoveries, both to share what I have found and in the hope that others will share their favorite apps as well.