News & Analysis as of

Treasury and U.S. Trade Representative Notify Congress of Intent to Initiate Negotiations on Covered Agreement With EU Regarding...

On Friday, November 20, 2015, the U.S. Department of the Treasury and the U.S. Trade Representative (USTR) notified the chairs of the U.S. House Financial Services Committee, House Ways and Means Committee, Senate Banking...more

Notice to Authorizers and Prudent Planning

The following documents outline the obligations of JPC authorizers with respect to the upcoming SAG-AFTRA negotiations, and provide guidance for the prudent planning of productions....more

How to Guard Information During Negotiation

If you’ve prepared well for a settlement negotiation, then you’ve already determined what information you won’t disclose to the other side. The trick is guarding that information in a way that doesn’t tip-off the other side...more

UAW Continues to Use Strike Threat as a Powerful Negotiating Tool

In an effort to keep the momentum in its favor, the UAW gave GM a strike deadline of Sunday, October 25, 2015, at 11:59 p.m., to reach a tentative agreement. The UAW’s strategy appears to have worked as the parties reached a...more

Foley Hoag Climate Update: September 2015

After the last meeting of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (“ADP”, 2nd session, 10th Part) which took place in Bonn earlier this month, the pace of climate talks for the adoption of a...more

New Impasse-Busting Techniques – Part 2

I have recently discovered some additional, impasse-busting techniques for your consideration when the negotiating process grinds to a halt. The Mediator’s Bracket - This is a useful technique in both early and late...more

In the Wake of Trade Agenda Momentum, TPP Negotiations Continue

The United States made significant headway with the Administration's trade agenda in the summer of 2015. With the passage of Trade Promotion Authority, Congress has agreed to ensure trade agreements negotiated by the...more

The Bespoke Solution—Advantages and Challenges in Tailoring Single Investor Funds

The world of private investment funds has been evolving to address the specific goals and expectations of investors, including pension plan sponsors and other investors with specific regulatory and economic needs. As a...more

WTO General Council Approves Kazakhstan's Accession; Liberia Progresses Toward Accession

In the run-up to the World Trade Organization's (WTO) Ministerial Conference in December 2015 in Nairobi, Kenya, the Organization's Accessions Division has been particularly active. While twenty-two accession negotiations are...more

Corporate Divorce Series: The Courtship of Employment Negotiation

Yes I realize that had my Corporate Divorce series progressed in a linear way, I would have started with The Courtship instead of The Break Up, but employment law metaphors are sometimes unpredictable. In my defense, I note...more

Trans-Pacific Partnership Negotiations Face Tighter Timeline as Talks Continue

Trade ministers announced that they will continue negotiations over several unresolved provisions of the Trans-Pacific Partnership (TPP) during a four-day meeting in Maui, Hawaii that concluded July 31. Trade ministers...more

Let’s Get Ready to Rumble

The summer of 2015 should be very interesting for the Big 3 and suppliers alike. The collective bargaining agreements for the Big 3 will expire on September 14, 2015. Initial negotiations with the UAW are scheduled to...more

Flying through change – knowing and planning for contingencies

In our article about the 7 lessons for successful bargaining, we wrote that successful bargainers seek to control the bargaining agenda. They do so with a view to achieving their ultimate goals. But we also wrote that...more

What You Need to Know About TTIP

TTIP (the Transatlantic Trade and Investment Partnership) is a comprehensive trade and investment agreement currently being negotiated between the EU and the US. The main aims of the proposed agreement are to increase trade...more

Iran: Further extension of limited sanctions relief to 13 July 2015

In our alert of 8 July, we reported that the P5+1 and Iran had announced the extension of the Joint Plan of Action Relief Period (the JPOA Relief Period) to 10 July 2015. Negotiations with Iran continue. To allow more...more

If You Reach A Settlement At Mediation, And Say The Settlement Will Be The Subject Of A Forthcoming Formal Agreement, Do You Have...

You have most likely walked out of a mediated settlement conference at which the shorthand version of the settlement put to paper by the lawyers and the mediator stated that there would be a later, more detailed agreement. ...more

Joint Plan of Action Temporary Sanctions Relief for Iran Continued Through July 7, 2015

On November 24, 2013, the P5+1 (China, France, Germany, Russia, the United Kingdom, and the United States, coordinated by the European Union's High Representative) and Iran reached an initial understanding, which was outlined...more

Iran: Further extension of limited sanctions relief to 10 July 2015

In our alert of 1 July we reported that the P5+1 and Iran had announced the extension of the Joint Plan of Action Relief Period (the JPOA Relief Period) to yesterday, 7 July 2015. Negotiations with Iran continue. To...more

Iran Sanctions - Further Negotiations

International Trade Alert On 30 June 2015, the P5+1 nations (United States, United Kingdom, France, Russia, China and Germany), the EU and Iran announced that negotiations on a Joint Comprehensive Plan of Action...more

USTR Receives Its Marching Orders

On June 26, King & Spalding reported on the trio of bills—the Trade Act of 2015, the Trade Preferences Extension Act of 2015, and the Trade Facilitation and Trade Enforcement Act of 2015—that comprise the first large-scale...more

Pushing Deadline for Iran Nuclear Deal, Negotiators Extend Temporary Sanctions Relief for Seven Days

As nuclear negotiations in Vienna reach the targeted June 30, 2015, deadline for an agreement, the P5+1, EU and Iran agreed today to extend the limited and temporary sanctions relief to Iran through July 7, 2015. The...more

IT Project Disputes Management - Managing the Cloudy Skies

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

A Duty to Negotiate in Good Faith - A New Lender Liability Claim in North Carolina?

North Carolina courts have long held that a lender does not owe a fiduciary duty to its borrowers. But what about a “Duty to Negotiate in Good Faith?" In a recent opinion (RREF BB Acquisitions, LLC v. MAS Properties, June 9,...more

NC Business Court Says That Bank Didn't Owe A Fiduciary Duty To Its Customer, But Recognizes New Cause Of Action: Breach Of A Duty...

Were you thinking that the Business Court might, one day, find that a bank owed a fiduciary duty to its customer? That seemed like it might happen eventually, as the NC Supreme Court seemed to hold out that possibility last...more

Energy & Environment Update - April 2015 #3

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Energy - Department of Interior - Department of...more

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