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When to Fly and Meet in Person

When to Fly and Meet in Person

I distinctly remember our negotiation team getting on my client’s Gulfstream jet and heading to New York City for a 2-hour initial lunch meeting with the private equity group interested in bidding for his Arizona-based tech company. It was a great trip – but also...
The 30-Minute Strategic Negotiation Plan

The 30-Minute Strategic Negotiation Plan

“I only have about 30 minutes to strategically plan for this negotiation. And I know I should spend more time planning, but I have a ton going on right now. What should I do?” I get this question a lot. We are all busy and time-pressed. Given this, here is my...
Hypotheticals Help with Aggressive Negotiators

Hypotheticals Help with Aggressive Negotiators

“How can we more effectively negotiate with these aggressive lawyers on the other side? They argue over every issue. I generally know how to deal with them, but is there a specific move or tactic you would recommend?” This question, posed by a potential client this...
Leverage Dominates in Some VC Negotiations (Part Two)

Leverage Dominates in Some VC Negotiations (Part Two)

Masayoshi Son had “earned a reputation as the Bill Gates of Japan” by making it big with the software distributor SoftBank. According to Sebastian Mallaby in The Power Law: Venture Capital and the Making of the New Future, while Son’s “childhood home was a squatter’s...
The Shutdown and the Power of Precedent

The Shutdown and the Power of Precedent

We’ve all heard the phrase “What goes around comes around.” If you treat someone badly, the thought is, they will turn and – eventually – treat you badly too. Crucially, this presumes that you will have some contact and relationship with them in the future. This...
Negotiation Lessons from Disney’s CEO (Part Two)

Negotiation Lessons from Disney’s CEO (Part Two)

I am not a huge fan of Disneyland and Disneyworld. My wife and kids love them, but I hate long lines and just don’t love rollercoasters and its other rides (largely because I don’t feel great after and it takes me a while to recover). But I do admire how Disney runs...
Departments of War and Peace

Departments of War and Peace

Paul Eckstein, one of the best litigators I know, told me years ago that his firm would sometimes assign a separate lawyer to try to negotiate and settle a big case in addition to its trial counsel. They would have a “Department of War and a Department of Peace,” he...