• Wednesday, September 8, 2010 - 12:00

    Hewlett-Packard recently purchased 3Par, a computer storage system company, for $33 per share ($2.3 billion).  Dell had engaged in an 18-day bidding war with H.P. but in the end decided not to counter H.P.’s winning offer.  What can we learn from this?

    Evaluating your and your counterpart’s Plan Bs (what will happen to both sides if you don’t do a deal with your counterpart) is a critical step in preparing for a negotiation.  Why?

  • Wednesday, September 1, 2010 - 12:00

    As the NFL preseason comes to a close, a number of high-profile players are still holding out, some claiming a willingness to skip the season if they don’t get what they want.

    Why would a player hold out?  To strengthen their leverage.  The player wants to emphasize the unattractiveness of the team’s Plan B – going through the season without that player on the field.  If the player is good enough to impact the team’s actual likelihood of success, this can be quite effective. 

  • Wednesday, August 25, 2010 - 10:17

    The Potash Corporation recently received an unsolicited $38.6 billion offer from BHP Billiton.  When made, BHP's bid was 16% higher than Potash's market capitalization.  The Potash board rejected the bid and announced it was seeking additional bids.  Potash's CEO, William Doyle, confirmed his company had started discussions with other potential suitors prior to BHP's bid.

  • Wednesday, August 18, 2010 - 12:00

    USA Today provides us with another great example of the standards dance – where opposing sides make their case as to why their standards are the “most fair.”  In researching compensation differences between government employees and private sector employees, USA Today analysts found that federal civilian workers earned double what their private counterparts earned.

  • Wednesday, August 11, 2010 - 12:00

    The Greenberg-Ryan ownership group, which includes Hall of Fame pitcher Nolan Ryan, recently won bankruptcy court approval to purchase the Texas Rangers baseball team for $593 million.  This came after a 16 hour auction bidding war with Mark Cuban, owner of the Dallas Mavericks basketball team.

  • Wednesday, July 28, 2010 - 12:00

    In a recent LeClairRyan webinar about successful mediating, attorney Robyn Gnudi Kalocsay pointed out that failing to get the agreed-upon terms in writing can be a critical mistake at the end of the negotiation process.

  • Wednesday, July 21, 2010 - 11:54

    In sophisticated negotiations, the parties will typically find the standards that favor their side and use their most favorable standards to independently justify the “fairness” of their positions.  The parties will then negotiate over which standard represents the most fair and applicable justification.

  • Wednesday, July 14, 2010 - 11:52

    As detailed in The New York Times, Honest Tea is a specialty juice and tea company with 2009 revenues of $47 million. Coca-Cola owns 40% of the company with an option to buy the remainder next year.

  • Wednesday, June 23, 2010 - 09:35

    At one of my recent negotiation seminars, a participant shared the following story.  A product manufacturer was involved in a dispute with a trade magazine regarding several negative product reviews.

  • Wednesday, June 16, 2010 - 22:44

    In a 2009 CareerBuilder survey of employers, 45% reported they used social networking sites to research job candidates, up from 22% the previous year.  Of the affirmative respondents, 29% reported using Facebook and 26% reported using LinkedIn (the two most used sites).  An additional 11% indicated they planned to star

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