In this Quick Overview, learn about the advantages and disadvantages of different types of negotiating formats, negotiating styles and preparation strategies.
A company negotiating an agreement to sell products to the government of a foreign country should consider a few steps for mitigating risk. Implementing these steps will be particularly important if the foreign country has had some prior political unrest and has insisted that any transaction must be handled in their judicial system.
The policy of promoting free and frank discussions in negotiations that can lead to settlement prior to trial is embodied in Federal Rule 408 of the US Federal Rules of Evidence. But before you start a full and open discussion, understand that the protections extended by this rule are not clear-cut. This article reviews what Rule 408 does and does not do.
This program will consist of a live, interactive mock negotiation of a sports sponsorship deal. The panel will provide the audience with a term sheet and will facilitate a mock negotiation over key deal points. The audience will be invited to identify key issues, offer their solutions on how best to address those issues, and debate the merits of various approaches and solutions. The panelists will guide the audience through the "negotiation," offer their recommendations and insights based on their experience in negotiating these types of deals, and address the issues that arise post signing.
Each of the respective industries in healthcare face different issues when negotiating contracts. This program will highlight what are essential provisions to be included in health care agreements from the perspective of hospitals, providers, medical device companies, pharmaceutical companies and health plans. Concepts to be discussed include the requirements of the variety of U.S. and international laws impacting the healthcare industry, the different needs of for-profits and non-profits, and the changes imposed by healthcare reform.
Parties often use letters of intent at the start of a merger and acquisition (M&A) deal to outline material terms and establish negotiation parameters. Letters of intent can reduce the time and expense of finalizing a transaction but often have unintended consequences. A major risk of entering a letter of intent is that the document will later be declared binding, even though the parties intended it to be preliminary and non-binding, thus resulting in unsatisfactory or incomplete deal terms. Letters of intent need to be carefully crafted to ensure that the parties’ intent is truly documented and a map to the final deal is determined. The panel of internal and outside M&A attorneys will (1) review the latest legal developments regarding letters of intent, (2) provide best practices for parties negotiating preliminary terms, and (3) discuss proven ways to engage management and internal development teams to maximize the benefit of such letters.
This program identifies key considerations for contract negotiations on behalf of entities that both provide and receive unique goods and services and have distinctive business needs. This is a high-level discussion regarding the tactics and approach to reach a resolution that meets the needs of your organization. The panelists will share strategies for successful negotiations when the other party is unfamiliar with the landscape of the industry. This program will not focus specifically on the rules or regulations of one industry.
This program will use humor, and chocolate, to provide an overview of equipment leasing from an accounting, tax and legal perspective and the ramifications thereof. There will also be a section discussing practical points (i.e., what to look for) when reviewing an equipment lease. Leave this session on a chocolate high with practical tips to negotiate into your next equipment lease.
It's not just boiler plate! This program will help you negotiate important clauses even with the 800 pound gorillas that everyone says will not change their "standard" contract language. To do this, you need to get past the gatekeepers. Those gatekeepers are internal and the other side with whom you are negotiating. Build influence by choosing the important issues to negotiate and help your internal constituents understand the importance to gain momentum. The panel will present negotiation and drafting tips designed to complement and refine your approach based upon differing internal and external pressures to "get the deal done."
Learn about the SNOB method and become more effective in your negotiations.