Betting the Company: Complex Negotiation Strategies for Law and Business

Paperback | June 17, 2013

byAndrew Trask, Andrew DeGuire

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Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledgeof contract law and regulations. In Betting the Company: Complex Negotiation Strategies for Law and Business, Andrew Trask and Andrew DeGuire offer a thorough introduction to enable lawyers and business people to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. Theauthors, both of whom have extensive experience conducting high-stakes negotiation, explain the different strategic considerations negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. They also discuss thespecific challenges raised by negotiations that involve multiple parties, multiple issues, and take place over longer periods of time. Throughout this illuminating book, Trask and DeGuire provide concrete, practical advice on how best to guide companies through the most difficultnegotiations.

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Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledgeof contract law and regulations. In Betting t...

Andrew Trask is counsel at McGuire Woods, LLP where he specializes in class-action litigation, including consulting on various complex litigation settlements. He frequently writes and speaks on litigation strategy and maintains the Class Action Countermeasures blog. He is co-author, with Brian Anderson, of The Class Action Playbook, S...

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Format:PaperbackDimensions:352 pages, 8.25 × 5.5 × 0.68 inPublished:June 17, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199846251

ISBN - 13:9780199846252

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Table of Contents

Acknowledgments1. Elements of Complex Negotiation1.1 When good deals go bad1.2 The nature of negotiation1.3 The problem of complex negotiations2. Non-Rational Judgments2.1 Heuristics - When our mental shortcuts get us into trouble2.2 Professional biases - How training colors our world2.3 Personality and emotion - Nobody's Spock3. Multi-Party Negotiations3.1 Multi-lateral negotiations - More people, more problems3.2 Team negotiations - None of us is as dumb as all of us. I love my team/I hate my team3.3 Negotiations with organizational constituents - Behind the table3.4 Practical suggestions4. Multiple Decisions4.1 Multiple options4.2 Multiple issues4.3 Agendas - The Secret Weapon4.4 Practical applications5. Transactions Over Time5.1 Path dependence - Starting points matter5.2 Time asymmetries - Why someone prefers to go slow5.3 Exogenous shocks - What happens when stuff happens5.4 Learning - Why some conflict may not be so bad5.5 Sequential strategy - Why it pays to be nice5.6 Practical implications6. Regulated Negotiations6.1 Information and disclosure - basic concepts6.2 Obligations/duties to constituents (corporate law)6.3 Conduct of negotiations6.4 What written agreement looks like (contract law/rules of evidence)6.5 Content of deal (tax/specific regulations)6.6 Practical implications7. Inter-Cultural Negotiations7.1 Organizational culture - The Personality of the Organization7.2 National culture - You can take the boy out of Iowa8. Grand Strategy8.1 Primary purpose8.2 Scorecard8.3 Internal capacity assessment8.4 Best alternatives8.5 Materiality/leverage9. Intelligence9.1 What to Look For9.2 How to Find It.10. Tactical Moves10.1 Deploying resources10.2 Process - The importance of project management10.3 Putting things in motion10.4 Approaching the Other Side10.5 In the Room10.6 Put into actionIndex