Negotiations

News & Analysis as of

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

Europeans Authorize Negotiations with US to Loosen Reinsurance Collateral Requirements

Earlier this week, the European Union’s executive body gained key approval to begin negotiations with the United States on a deal aimed at cutting the minimum collateral levels required of foreign reinsurers operating in the...more

Top 10 Things to Know About the Future of Sanctions on Iran

As deadline for nuclear agreement approaches, any easing of sanctions will be gradual, and global businesses will continue to face compliance and enforcement risks. This Client Alert outlines the approaches the US...more

3 Strategies to Getting the Lowest Debt Settlement Possible

Settling debt is the process of negotiating with your creditors a payment less than the total amount owed. Often times people feel that as a person who is struggling to pay your bills that you are negotiating from a weaker...more

United States and Five World Powers Agree on Framework with Iran

On April 2, 2015, the Obama Administration announced that the U.S., Germany, Russia, the U.K., China and France (the “P5+1”) had agreed on the framework of a deal with Iran to address concerns surrounding that country’s...more

Nuclear Agreement Lacks Details on Relaxing Sanctions Against Iran

Although the provisions that limit Iran's nuclear program are spelled out in some detail, those related to relaxing economic sanctions against Iran are quite vague....more

P5+1 and Iran Agree on Framework for Joint Comprehensive Plan of Action, Sanctions Easing Expected June 2015

On April 2, 2014, the P5+1 (the United States, Germany, France, the UK, Russia, and China) and Iran reached an agreed-upon framework outlining the roadmap for a future agreement surrounding Iran’s nuclear program that would...more

Update: Iran Nuclear Deal

Iran and the Western powers have agreed to agree again. On April 2, 2015, the so-called P5+1 (the United States, the UK, China, France, and Russia) along with the EU, have joined Iran in announcing that they have reached a...more

Negotiators Agree on Iran Deal Framework Providing Basis for Limited Easing of Sanctions

Thursday, negotiators from the United States, Iran and other world powers announced they have agreed on a framework for a Joint Comprehensive Plan of Action regarding Iran’s nuclear program to be finalized by June 30, 2015....more

The Power of Positive Thinking

Wrapping up this week’s communication series, I am reminded of my own personal flaws… and I can be my own worst enemy. Nothing you’ve read these past few days should be surprising to you, but I hope they have served as a...more

Tenth Commandment of Government Contracting: Thou shalt not stereotype thine opponent

One of the most dangerous things that can happen to us in our business career is to make the mistake of stereotyping our adversary. In the world of Government contracting, the two most common stereotypes are (1) all...more

Every Case Is an e-Discovery Case in Today’s Litigation Environment

Lawyers routinely negotiate the scope of litigation discovery demands. One such lawyer was recently faced with a wildly broad discovery demand for relevant emails from the time a product was manufactured more than fifteen...more

The mediator as process designer

A mediator is a facilitator who has the skill to work around or overcome obstacles to settlement created by parties or their counsel. In particular, when negotiations have gotten the parties close to a settlement, the skilled...more

Employees' Different Approaches Toward Salary Negotiations Does Not Justify Disparate Pay

Federal agencies and the media have paid a great deal of recent attention to the continuing disparities in salaries between male and female employees. Some experts have argued that part of this disparity is based on different...more

The Small Big: Small Changes That Spark Big Influence

Nothing is more important to negotiation success than getting the other side to say yes. The formal study of this critical aspect of negotiation is called “persuasion science,” and no expert is more accomplished or...more

Make the Most of Your Mediation: Effective Negotiations

Wouldn’t it be great if at your next mediation your client left satisfied, you felt valued and the case settled at its best number? Here are five tools lawyers can use to set up such an outcome: 1. Bring everything you...more

U.S.-China ITA Breakthrough May Reduce Tariffs on High-Tech Products

On November 10, United States Trade Representative Michael Froman announced a major breakthrough in negotiations with China to eliminate tariffs on information technology products by expanding the scope of the International...more

English Law: Do You Take Yours With or Without? – Prejudice, that is...

The practice of placing the magic words “without prejudice and subject to contract” on every exchange during commercial negotiations can be thought a “belt and braces” or “no harm, no foul” approach, but experience and a...more

Haggle in Discovery at Your Own Risk

Attention has recently been paid to the duty of competence outlined in comment 8 to ABA Model Rule of Professional Conduct 1.1, which requires lawyers to understand the “benefits and risks associated with relevant...more

Trans Pacific Partnership Negotiations Struggling

As election season kicks into high gear, one thing is clear: there will not be any movement on manufacturing legislative policies on Capitol Hill until the “lame duck” session in December, if then. On the campaign trail,...more

North Dakota Reminds Negotiators: Be Careful What You Say

Do you think that what you say when negotiating a mineral lease does not matter once the agreement is inked and contains boilerplate language declaring it to “supersede all prior negotiations” and “be the complete agreement...more

Disclosing Merger Negotiations: The Eleventh Circuit Weighs In

Corporate merger negotiations are typically conducted under a veil of secrecy, with public disclosure withheld until the end when a definitive agreement has been signed. The fear is that premature disclosure of preliminary...more

“Totality of the Circumstances” Standard Used to Sanction Mortgagee for Lack of “Good Faith” Negotiation in Foreclosure Matter

New York’s Appellate Division, Second Department, recently ruled that a mortgagee’s conduct in evaluating a borrower’s loan modification application should be judged using the “totality of the circumstances” standard to...more

Setting Up a Successful Negotiation Regarding “2860 Rates”

“The insurer’s obligation to pay fees to the independent counsel selected by the insured is limited to the rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business in the...more

Start-ups: Don’t Get Beat(s) Down, Learn from MONSTER’s $3 Billion Mistake

When there’s a huge pile of money staring you in the face, it’s easy to overlook some of the potential pitfalls. But a recent $3 billion monster deal provides a cautionary tale for businesses negotiating make/break the...more

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