Negotiations

News & Analysis as of

SEC and Drugmaker Allergan Reach Settlement over M&A Disclosure Violations

The U.S. Securities and Exchange Commission and drugmaker Allergan settled claims that Allergan failed to disclose negotiations with third parties following the announcement of a hostile tender offer by Valeant and co-bidder...more

SEC Brings Enforcement Action for Disclosure Failures During Merger Talks

The SEC announced that Allergan Inc. had agreed to admit securities law violations and pay a $15 million penalty for disclosure failures in the wake of a hostile takeover bid. The SEC’s order finds that Allergan failed...more

Leveraging Trial Strategies To Improve Your Negotiating Skills

A trial lawyer must make strategic decisions throughout the course of a case that will impact its outcome at trial. Over the years of my practice, I have learned that these decisions have also taught me several important...more

Negotiate at the Next Level

Most, if not all, YPOers have had many occasions to test their negotiation skills. Whether buying a competitor to fuel growth, handling a delicate balancing act with a key customer or a trade union, or simply working with a...more

The Future of the U.S.-Canada Trade Relationship in Light of the Election

The United States and Canada enjoy a unique bilateral relationship. That relationship reflects a unique friendship, underpinned by shared geography, similar values, common interests, deep connections and powerful,...more

Brexit: Hard Landing/Soft Landing or Down the Rabbit Hole: What’s Ahead?

This is the third in an ongoing series of blog posts by Foley & Lardner LLP on the implications of the June 23, 2016 referendum decision in the United Kingdom (“UK”) to exit the European Union (“EU”)...more

France Instates ‘Right to Disconnect’ into Labor Code

The right to disconnect is within the new legal framework Law of 8 August 2016 relating to Work, Modernization of Social Dialogue, and Securitization of Professional Processes called “Labor Law.” With the rise of many...more

Article 50 TEU: When to pull the trigger?

Not long after the result of the referendum was announced, the heads of the EU institutions dismissed any speculation on whether Article 50 of the Treaty on European Union (TEU) could be circumvented. Pursuant to Article...more

Brexit, Here We Come (or Go)

The UK people have voted to leave the European Union. Although there is no constitutional duty to leave the Union as a result, politically this is likely going to happen. Change will not be immediate and happen over time....more

Bargaining with the devil: in whose interest?

In his book Bargaining with the Devil, Harvard Professor Richard Mnookin probes the challenges and options available when negotiating with “a devil” – anyone you perceive as a harmful adversary. “The devil” is usually a...more

Getting to “Yes”!

In their book, “Getting to YES, Negotiating Agreement without Giving In,” Roger Fisher and William Ury discuss alternatives to positional negotiating. It is a must read for all mediators and a strongly suggested read for any...more

MMBA Factfinding Applies to All Negotiations Resulting in Impasse

Not Just Negotiations for a Comprehensive MOU - The factfinding procedures required by the Meyers Milias Brown Act apply to all negotiations which reach impasse, not just those arising from negotiations for a...more

Navigating China’s Business Culture

The world’s second largest economy began this month with China’s National Party Congress holding its annual meeting, intended to be an official display of formality, solidarity, and strength but really to rubber stamp the...more

The Challenge of Non-Interference

To understand the policy challenge created by repeal of the non-interference clause, consider this simple example. Acme Drug Company brings a drug to the market as a single source innovator. Essentially, they are without...more

Technological Advances Help Resolve Disputes

The modern lawyer has a very different lexicon from her predecessors, and an entirely new array of tools for practicing law and managing the practice of law. This is the era of the Internet of Things, where Big Data is...more

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

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

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