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January 2025 The Contractor’s Advantage
HarrisonLawGroup.com (410) 832-0000 jwyatt@harrisonlawgroup.com
The No. 1 Issue With Going to Trial Did You Know This?
The civil justice system was designed to provide individuals who may not be the victims of a crime a way to seek legal closure and validation. This is a system that, while not perfect, I believe in and see in action every day. And in those experiences, I have the opportunity for reflection. This came to mind after finishing up a trial that had been years in the making. We were waiting on the decision from the judge, a limbo period during which I knew we had put our best case forward, but whatever happened next was completely out of our control. I can only imagine what that must feel like for clients. At least I have the “insider knowledge” and the patience that only comes from experience in this field. Clients are very likely experiencing these emotions for the first — and hopefully only — time. That’s what can be so difficult about going to trial. Many people see it as the system of justice or a way to ensure your voice is heard. In fact, that’s what I believe many people go to trial for; they want to validate their experiences in an open court. That’s a noble pursuit, but as I often explain to clients, court may not be the best place to do so. The one component of trial many people forget is that you have very little control over what happens. We have an opportunity to cross-examine and question the evidence presented by the other side, but you have to allow the other side to present their case, no matter if the truth is being twisted in their favor. There’s even a limit to how often or when I can object or oppose what is being presented in court. Just as the courtroom is a fair and open field for your case, it’s the same for the other side, too. Then, when the case goes to the judge or jury, it is completely out of your control. My job is to find the right legalese with which to present your case so that a judge and jury will be persuaded to agree with your argument. However, they are given all the facts as they were presented in court, and it’s up to them as to how they interpret those facts. You could be awarded an exponential amount of money that you are rightfully entitled to. Or, you could get nothing. It all boils down to the subjectivity and objectivity of the judge or jury hearing your case.
That loss of control can be very troublesome. It has little to do with wanting control and more to do with the reality of your situation. Mediation or settling a case without going to trial may result in a lower monetary settlement, but it’s much more likely to end with compensation. This is advantageous for many clients who simply want acknowledgment that they were wronged and are rightfully entitled to an award of some kind. Moreover, you have greater control in these situations. You can deny or accept offers of settlement based on what you feel is appropriate. Judges and juries don’t decide that for you. Ultimately, my job is to help clients weigh the possibilities of going to trial and the benefits of choosing the settlement route. I always try to listen, provide my opinion and options, and guide the client to find what option works best for them. Sometimes, that’s going to court, and other times, it means we settle. Either way, we do what’s best for our clients.
If this article prompts any questions about your case, please contact our team today.
-Jeremy Wyatt
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Marketing the Macabre
Liquid Death’s Daring Ascent
At first glance, not much about 42-year-old Mike Cessario stands out. Like many in his generation, he’s heavily tattooed and likes to wear band T-shirts — far from outrageous by 2025 standards. He would blend into the crowd at any major rock concert in the country. Depending on your age or sensibilities, you’re likely to either pass him on the street without giving him much thought or walk to the other side to avoid him. Either way, your preconceptions would be wrong — dead wrong. He’s the man behind Liquid Death, a name you’ve likely seen on your supermarket shelves. Although you’d expect someone with his aesthetics to fill his company’s aluminum cans with alcohol, he’s made a fortune by selling good old-fashioned … water?!
and a water company,” he said in a 2022 interview with CNBC. “We want to actually entertain people [and] make them laugh in service of a brand. And if you can do that, they’re going to love your brand because you’re giving them something of value. You’re actually making them laugh.” The Brain Behind the Brand Cessario had already mastered the art of millennial- focused marketing long before Liquid Death dominated the field. In addition to collaborating with influencers Steve-O (“Jackass”) and Travis Barker (Blink-182), his viral promotion skills helped drive the success of the Netflix shows “House of Cards” and “Stranger Things.” Unsurprisingly, he embraced social media upon Liquid Death’s arrival and boasts 6.3 million followers on TikTok and 4 million on Instagram as of October 2024. Not bad for someone who readily admits his upward climb has resulted mainly from choosing what he describes as “the dumbest possible name” for a safe and healthy beverage.
Murdering Thirst — and the Marketplace Equal parts Warren Buffett and P.T. Barnum, Cessario has revolutionized the beverage industry by adhering to the philosophy that the best way to someone’s wallet is through their eyes. With its provocative, skull-emblazed cans and promise to “murder your thirst,” Liquid Death has exceeded expectations of what a water company can achieve. It has grown from a cheeky concept to a $1.4 billion business in just five years, proving that just about anything will sell if given the right spin. After all, there’s nothing
One of the biggest success stories of the last half-decade, Cessario is poised to expand Liquid Death beyond what we’ve already seen from this innocuous product with the incendiary name. As he told CNBC, “If someone I knew saw [one of our cans] in a store, I’m pretty sure they’re going to have to pick that up and be like, ‘What is this?’ And once someone picks something up, you’ve basically won.”
inherently chic about a can of H2O — a fact that Cessario was keenly aware of when he rolled the dice on making hydration hip.
“At the end of the day, we’re really creating an entertainment company
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comments about themselves or their businesses, it’s actually a fantastic litmus test. Will you respond with a public attack against that commenter or use their words as a learning opportunity? Bill Gates famously said, “Unhappy customers are the best customers.” If the reviewer’s grievances are legitimate, hear them out and fix your mistakes. If handled properly, your reaction to a complaint could be the best marketing tool you’ll ever have. Fiction: There’s no room for failure. Fact: In the words of the great philosopher Yoda, “The greatest teacher, failure is.” True entrepreneurs are never afraid to fall on their faces; every misstep is a lesson learned. After all, it took Thomas Edison more than 1,000 attempts to perfect the light bulb. Mistakes are inevitable in all facets of life, but what matters is how we adapt to those situations and progress. Fiction: You’re the best person for the job. Fact: You may have been the one to drive your entrepreneurial concept forward, but that doesn’t mean you have all the answers. Whether driven by pride or
perfectionism, business owners often risk being too reluctant to let others take charge. If you insist on wearing all the hats, this lack of delegation can lead to burnout at best and complete economic disaster at worst. You can be the head of your company and still let others carry the weight — and tell you when you’re wrong or need to change your perspective.
HAVE A Laugh
The Great French Mustache Strike of 1907 Workers usually go on strike to improve their wages or working conditions. Leave it to the French to mount a historic strike for the right to grow a mustache. A full mustache was a mark of status in Europe a century ago. Policemen were required to grow them to project authority. Waiters rebelled when restaurant owners forced them to shave their faces clean as a sign of their lower-class status. On April 17, 1907, hundreds of servers walked off the job over the issue, as well as their low pay and long hours. Restaurant owners soon caved, implemented a fairer pay structure, and restored waiters’ right to grow a mustache. As one French newspaper of the time declared, the waiters won the right “to finally show that they are men, free men … who can wear at their ease this symbol of the all-powerful male, the mustache. Oh! The beautiful independence!”
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Jeremy Wyatt jwyatt@harrisonlawgroup.com HarrisonLawGroup.com (410) 832-0000
40 West Chesapeake Avenue, Ste. 600 Towson, MD 21204
Inside This Edition
1.
Here’s What You Lose in a Trial
2.
‘Murdering’ the Competition
3. Remembering the Great French Mustache Strike 4. Business Truths vs. Tall Tales
Dispelling Deceptive Business Myths Entrepreneurial Facts and Fables
The roads to entrepreneurial success are varied, but common philosophical potholes can knock any profitable journey off course. Here are five standard pieces of fiction from the business world — and the facts that will set owners free. Fiction: Being an entrepreneur is always exciting. Fact: While taking the reins of your own enterprise is thrilling, you may find your aspirations becoming stale once routine sets in. If you’re lucky enough to experience prolonged comfort — and perhaps boredom — at your business, it’s time to shake things up. Being open to new ideas and challenges will invigorate your spirit and lead to new opportunities for expansion. Pro Tip: If you’re feeling stagnant in your day-to-day work, your employees likely feel the same
way. Welcome their input to refresh your services and goals and take your operation in new directions. Of course, boredom can be an excellent motivator for existing entrepreneurs. For example, legendary celebrity cook Ina Garten (“Barefoot Contessa”) bought a food shop while feeling restive at her White House job. Sometimes, following your heart — even if it means exiting an accomplished role elsewhere — is the key to successful entrepreneurship. Fiction: Being your own boss is a blast. Fact: Even though you may have gone into business for yourself because you didn’t like answering to others or wanted to set your schedule, you likely had a rude awakening once the gears started spinning and you became the one calling the shots. There’s a world of difference between being an employee
and being the one responsible for everything that keeps a business afloat. If entrepreneurship were easy, everyone would do it. Fiction: Disappointing a customer is disastrous. Fact: Many factors can cripple a business, but few obstacles have more potential to cause harm than the dreaded bad online review. Although no one wants to read negative
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