A little knowledge of law goes a long way in business, says the author, a Wharton professor of legal studies and management. Since his book adopts a tough-sounding title, it's important to state upfront that the goal here is not to tempt you into doing something bad so you'd risk an eventual perp walk. Rather, this book stresses that the competitive environment is such that a familiarity with the basics of legal strategy is absolutely vital for both defense and offense. Forewarned is forearmed, he says.
The bulk of Make the Rules is then devoted to simple legal strategy (legal merits, public legitimacy, strategic position, resources, and access) as applied to rivals, new entrants, innovation, suppliers and customers, and predators. Its discussion is enriched with examples of legal maneuvers, such as the story of how little Blue Mountain Arts, a greeting card company, fought back the goliath Hallmark. Make the Rules then closes with six rules for wielding your new legal know-how. These are: (1) Make legal strategy part of business strategy; (2) Watch for warning signals; (3) Be prepared to settle every lawsuit ("As tempting as it may be to ‘teach those bastards a lesson' and ‘defend our rights,' fighting a lawsuit all the way to final judgment seldom makes sense," says the author); (4) Fight legal bullies in the market; (5) Be bold—market moves can alter the legal landscape; and (6) Don't sleep—lobbyists never do.
"My final word about competitive legal strategy is cautionary," he concludes. "Play hard, play to win, but play by rules you and your business can be proud of. … A reputation for fairness has a way of attracting trust. Others will want to work with you more often than against you. And that is the greatest competitive advantage of all."