Betting the Company: Complex Negotiation Strategies for Law and Business

Betting the Company: Complex Negotiation Strategies for Law and Business

by Andrew Trask, Andrew DeGuire

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Product Details

ISBN-13: 9780199846252
Publisher: Oxford University Press
Publication date: 06/03/2013
Pages: 368
Product dimensions: 6.00(w) x 8.90(h) x 1.10(d)

About the Author

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, Second Edition (Oxford University Press 2012).

Andrew DeGuire is Vice President of Business Development & Global Growth at Johnson Controls, Inc. He has been involved in acquisitions and divestitures for more than 17 years. He has been a part of and led teams responsible for over $4 billion in value. He has been engaged in more than 40 deals that have closed successfully, and-just as important-more than 200 that have not.

Table of Contents

Acknowledgments

CHAPTER 1: ELEMENTS OF COMPLEX NEGOTIATION
1.1 When good deals go bad
1.2 The nature of negotiation
1.3 The problem of complex negotiations

CHAPTER 2: NON-RATIONAL JUDGMENTS
2.1 Heuristics - When our mental shortcuts get us into trouble
2.2 Professional biases - How training colors our world
2.3 Personality and emotion - Nobody's Spock

CHAPTER 3: MULTI-PARTY NEGOTIATIONS
3.1 Multi-lateral negotiations - More people, more problems
3.2 Team negotiations - None of us is as dumb as all of us. I love my team/I hate my team
3.3 Negotiations with organizational constituents - Behind the table
3.4 Practical suggestions

CHAPTER 4 - MULTIPLE DECISIONS
4.1 Multiple options
4.2 Multiple issues
4.3 Agendas - The Secret Weapon
4.4 Practical applications

CHAPTER 5 - TRANSACTIONS OVER TIME
5.1 Path dependence - Starting points matter
5.2 Time asymmetries - Why someone prefers to go slow
5.3 Exogenous shocks - What happens when stuff happens
5.4 Learning - Why some conflict may not be so bad
5.5 Sequential strategy - Why it pays to be nice
5.6 Practical implications

CHAPTER 6 - REGULATED NEGOTIATIONS
6.1 Information and disclosure - basic concepts
6.2 Obligations/duties to constituents (corporate law)
6.3 Conduct of negotiations
6.4 What written agreement looks like (contract law/rules of evidence)
6.5 Content of deal (tax/specific regulations)
6.6 Practical implications

CHAPTER 7 - INTER-CULTURAL NEGOTIATIONS
7.1 Organizational culture - The Personality of the Organization
7.2 National culture - You can take the boy out of Iowa EL

CHAPTER 8 - GRAND STRATEGY
8.1 Primary purpose
8.2 Scorecard
8.3 Internal capacity assessment
8.4 Best alternatives
8.5 Materiality/leverage

CHAPTER 9 - INTELLIGENCE
9.1 What to Look For
9.2 How to Find It.

CHAPTER 10 - TACTICAL MOVES
10.1 Deploying resources
10.2 Process - The importance of project management
10.3 Putting things in motion
10.4 Approaching the Other Side
10.5 In the Room
10.6 Put into action

Index

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