Bite-Sized Business Law It's All In Your Head: Understanding the Human Behavior Driving Corporate Decision Making, Risk Management, and Legal Advice
No one goes to law school to become a psychologist, yet every lawyer eventually faces deeply human questions. Why is my client making this decision? What do they really need from me? How will this advice land? In this episode of Bite-Sized Business Law, we explore how behavioral science can help answer those questions with guest Nitish Upadhyaya, Director of Behavioral Insights at Ropes & Gray. Nitish leads the firm’s award-winning Insights Lab, where he transforms insights from behavioral science and human-centered design into actionable legal strategies. In our conversation, Nitish shares why traditional legal tools often fall short of changing behavior and how understanding context, culture, and bias can lead to better outcomes. He challenges surface-level approaches to compliance, reframes what it means to “do the right thing,” and explains why open dialogue must be designed, not just encouraged. We also get a look at his innovative new course at Fordham, which brings behavioral insights to professionals across law and compliance by connecting academic rigor with real-world applications. To learn how a more human approach to law can lead to smarter, more sustainable decisions, don’t miss this episode!
Key Points From This Episode:
- Nitish’s law background and his path to becoming Director of Behavioral Insights.
- An overview of the Insights Lab at Ropes & Gray and the specifics of their role.
- How they help clients balance compliance with risk management, growth, and innovation.
- The shift that Nitish has seen in how law schools incorporate teaching human behavior.
- How taking inspiration from other fields benefits the legal world.
- The term “culture of compliance” and how your environment impacts decision-making.
- Insights from behavioral science on how to motivate people to do the right thing.
- What it means to engage in open dialogue and how to create the mechanisms for it.
- Why encouraging junior team members to speak up matters and how it can drive real impact.
- Details on the course that Nitish is developing for Fordham Law School.
- How his course helps bridge the gap between academic insights and practical use.
- Insights on approaching human behavioral science in different global, cultural contexts.
- Why generative AI doesn’t diminish the value of understanding human behavior.
Links Mentioned in Today’s Episode:
Nitish Upadhyaya on LinkedIn
Nitish's Podcast: Culture & Compliance Chronicles
Dave Snowden on abductive reasoning and AI versus human capability (AC Ep 24)
The Behavioral Code: The Hidden Ways the Law Makes Us Better or Worse