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Category Archives: Negotiation
Trust, Integrity and Drafting Contracts
Here’s a scenario you may be familiar with: You’re involved (with or without your lawyer) in trying to get a contract with a customer or someone else finalized and signed. There are various drafts and redrafts. While you check to … Read More
Posted in Contracts, General, Negotiation
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Want to Negotiate Better Agreements? Focus on Content + Timing
I truly have the best job in the world. Why? Because in serving my clients, I learn everyday about what works and what doesn’t work in the REAL WORLD of starting, growing and selling businesses. My incremental knowledge base and experience grows … Read More
Posted in Contracts, General, Negotiation
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Beyond Litigation – Are You A Street Fighter?
Litigation. It’s part of our business landscape and eventually you’ll need to duke it out in court either as plaintiff or defendant. Some say it’s a “cost of doing business”. Others say that if you manage to avoid litigation over the … Read More
Posted in General, Negotiation
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Of David & Goliath – Winning with The Big Boys – What’s in Your Slingshot?
Everybody loves “the underdog”. We see this play out in professional sports every week. Horse tracks and Vegas casinos were built by exploiting the hard-earn dollars of dreamers everywhere who placed crazy 25:1 long-shot bets which, as we all know, … Read More
Posted in Contracts, General, NDAs, Negotiation
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3 Simple Rules to Sell Your Business for More
Let me start this post by taking an interesting poll: How many business owners take the time to actually PREPARE for their eventual exit? While I don’t have hard statistics on this, my personal experience is “… definitely less than … Read More
Posted in Mergers & Acquisitions, Negotiation, Technology
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TOP 3 WAYS TO REDUCE LEGAL RISKS IN YOUR BUSINESS (PART 2)
In my last blog post, I highlighted 3 key ways to reduce legal risks in your business. To recap, they were: 1. Buy insurance policies (for insurable risks); 2. Create an effective “corporate structure”; and 3. Watch … Read More
Posted in Contracts, General, Negotiation, Startups
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Using “Carrots & Sticks” to Become A Better Negotiator
Negotiation is something “we” lawyers and “our” clients must continually engage in on a daily basis as part of the Game of Business (and more particularly the Game of Starting, Growing or Selling Businesses). . Few if any of us … Read More
Posted in Contracts, Corporate Divorces, Mergers & Acquisitions, Negotiation, Startups
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Great … you signed an NDA … but do you have a “Disclosure Strategy”?
Non-Disclosure Agreements (or NDAs) are a very common contract signed by many of our clients these days. Regardless of industry classification and whether you’re a start-up, growing or mature business, sooner or later you will be asked to sign an … Read More
Posted in Contracts, NDAs, Negotiation
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Close Your Deal Faster by Playing to the Middle
I’m no biologist but I’m convinced humans must have a “self-interest” gene. Maybe Darwin would agree? This “self-interest” gene expresses itself in many different ways in our business and personal worlds on a daily basis. In my “legal world” (as … Read More
Posted in Contracts, Mergers & Acquisitions, Negotiation
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Emails & Selling Your Business: Keeping M&A Communications Private
M&A negotiations get very heated. Often there are things you’ll tell your lawyer that you never want the other side to discover either DURING or AFTER closing – especially if you stay on after the closing as your buyer’s new employee. … Read More
Posted in Management Buyouts, Mergers & Acquisitions, Negotiation
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Grey is Good … Why Mick Jagger is an awesome negotiator!
I was chatting with a client the other day about proposed language we were trying to get inserted into the final copy of an important contract. The other side was quite entrenched and it was clear we didn’t have the … Read More
Posted in Contracts, Negotiation
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Save Time & Money Negotiating Any Contract
Consider the following 2 scenarios and ask yourself “Could this be me”? Scenario A – “Term Sheet Approach” A deal is struck over a lunch meeting. The parties shake hands. Nothing is confirmed in writing. One of the parties calls … Read More
Posted in Contracts, Negotiation
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