Negotiations

News & Analysis as of

Plus-Sized e-Discovery for Medium-Sized Firms

In cases involving large amounts of electronically stored information (ESI), those of us at mid-sized or smaller firms may sometimes feel a little out-gunned when the requests for production and documents start flying. While...more

Transaction Letters of Intent

If you are selling or purchasing a business, the first document that is likely to be involved is a letter of intent. This is a document that sets out in brief terms the agreement of the parties on the key business terms of...more

Sometimes Merger Fixes Are as Close as the End of Your Nose

When it comes to negotiating merger remedies with federal antitrust enforcement agencies, the Department of Justice and the Federal Trade Commission each have guides or statements that may help. But as good as their guidance...more

In Defense of Joint Sessions

Sophisticated ADR users increasingly instruct their neutral to skip the joint session and get down to business. They have grown weary of listening to tiresome opening statements and wary of encountering angry outbursts. Yet...more

United States to Participate in New World Trade Organization Trade Negotiation to Lower Tariffs on “Green Goods”

On March 21, the Obama Administration formally notified Congress that it intends to enter into a new plurilateral trade negotiation in the World Trade Organization (WTO) to eliminate tariffs on environmental goods. The...more

Time Is Money, Managing Time in a Negotiation Can Really Pay Off

In today’s global marketplace, Ben Franklin’s observation that “time is money” is as true now as ever. Companies (large and small) feel tremendous pressure to quickly line up and close deals – whether to bring in revenue,...more

BVI concludes negotiations with US on FATCA

The British Virgin Islands Government has today announced the conclusion of negotiations with the United States on a Model 1 Intergovernmental Agreement (IGA) under the US Foreign Account Tax Compliance Act (FATCA)....more

The M&A Word of the Day™ from the Book of Jargon® – Global Mergers & Acquisitions Is Go Shop [Video]

Latham & Watkins partner Jim Beaubien explains the M&A term Go Shop, a term for provisions sometimes contained in Public Company Merger Agreements which delay the beginning of the No Shop provisions for a specified period of...more

Three Tricks That Make Negotiations Work

The conventional wisdom: Negotiation is serious business, you have to keep your eye on the ball, it’s war carried out by other means. Originally published in Forbes on 01.31.14....more

ABA’s 2013 Private Target Mergers & Acquisitions Deal Points Study: Financial Deal Points

Recently, the 2013 Private Target Mergers & Acquisitions Deal Points Study was finalized by the M&A Market Trends Subcommittee of the Mergers & Acquisitions Committee of the American Bar Association. This bi-annual study,...more

Using the Possibility of Bankruptcy to Negotiate with Creditors

People struggling with debt often too easily discount the possibility of negotiating with their creditors. To them, the bargaining power seems so unequal that they cannot comprehend why their creditors would ever be willing...more

United States and European Union Negotiators Hold 3rd Round of TTIP Negotiations

US and EU negotiators concluded on December 20, 2013 in Washington, DC the 3rd round of negotiations toward the Transatlantic Trade and Investment Partnership (TTIP). Toward the middle of the round, the Office of the United...more

District Court Excludes Royalty Calculation of Defense Expert Where Expert Used an Incorrect Date for the Hypothetical Negotiation

As Cassidian Communications, Inc.'s ("Cassidian") patent infringement case against Microdata GIS, Inc. ("Microdata") moved toward trial, Cassidian moved to exclude the testimony of defendants' expert. The motion to exclude...more

Contract Provisions Concerning Privacy & Security Compliance

Managing data security and privacy is becoming an increasingly larger part of a company’s risk portfolio, especially as it relates to transactions with third parties Brian Von Hatten, Scott & Scott, LLP attorney, suggests...more

Delaware Federal Court Discusses the Duty to Negotiate

Since SIGA Technologies Inc. v. PharmAthene Inc. (Del. 2013), the duty to negotiate in good faith is well recognized in Delaware, but it is not as clear when exactly that duty arises. On December 2, 2013, in Osco Motors...more

Primer on Negotiated Rulemaking

Given all the current and future negotiated rulemaking sessions for the U.S. Department of Education (Department), it might be helpful to take a look at the Department’s FAQs on the Negotiated Rulemaking Process. ...more

Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin [Video]

Attorney Jeff Moerdler, head of Mintz Levin's Real Estate and Communications practices in New York, discusses the major issues affecting both tenants and landlords in lease negotiations....more

EU-US Free Trade Agreement - Second round of talks

This week sees the EU and US enter the second round of the Transatlantic Trade and Investment Partnership ('TTIP') talks in Brussels, previously postponed due to the US Government shutdown last month. This round of...more

How to avoid impasse in settlement negotiations

Mediation is a facilitated negotiation that enables parties to explore settlement in a confidential setting. A successful mediation requires preparation and an understanding of the process so as to avoid impasse, the...more

Hardball Negotiation With The SEC And DOJ?

Ed. Note-in light of Avon’s recent disclosures regarding its negotiations to resolve its outstanding FCPA issues, I thought about what a shareholder might say to the Board. Today’s post are those musings… Memo: The...more

Executive Compensation Packages – Interview with David Lagasse, Member, Mintz Levin  [Video]

Attorney David Lagasse, Member of Mintz Levin's Employment, Labor & Benefits Practice, discusses the elements that both employers and senior executives should consider when negotiating a compensation package. ...more

Agreements to Negotiate in Good Faith Can be Enforceable

Time-honored precedent holds that “an agreement to reach an agreement is a contradiction in terms and imposes no obligation on the parties thereto.” Thus, as I discussed in a prior post, a letter of intent (LOI) will not be...more

Commercial Negotiations For Airport Services In The UK Spark A Reconsideration Of Airport Market Power: How Does Australia...

INTRODUCTION - In our August article on recent developments in airport regulation, we considered the United Kingdom (UK) Civil Aviation Authority’s (CAA) path to economic licencing of airports. To recap, the path is...more

But My Chinese Business Partner and I Have Done Business on a Handshake for Years...

Wouldn’t It Be a Terrible Insult for Me to Insist on a Long and Expensive Contract at This Point? How Can I Insist on a Contract Now and Not Lose Face or Cause My Partner in China to Lose Face and Not Damage This Important...more

What Are The Risks When An Employer Negotiates Its Own Union Contract?

Business owners and managers, elected public officials and administrators, and even sports teams' owners and general managers usually have more to lose than to gain by negotiating their organizations' union contracts....more

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