| Description |
1 online resource |
| Contents |
Cover; Contents; Acknowledgments; 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; 2. Nonrational Judgments; 2.1 Heuristics-When Our Mental Shortcuts Get Us into Trouble; 2.1.1 Priming and Anchoring-Taking Cues from Context; 2.1.2 Hyperbolic Discounting-Birds in Hands; 2.1.3 Loss Aversion; 2.1.4 Herding Behavior and Normality Bias- The Lemming Urge; 2.2 Professional Biases-How Training Colors Our World; 2.2.1 Businesspeople; 2.2.2 Lawyers; 2.3 Personality and Emotion-Nobody Is Spock |
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2.3.1 Personal Attraction-Don't Fall in Love with the Deal2.3.2 Personal Animosity-"That F@%ing Guy"; 2.3.3 Overconfidence-Everyone's Above Average; 2.4 Conclusion; 3. Multiparty Negotiations; 3.1 Multilateral Negotiations-More People, More Problems; 3.1.1 Auctions-What's Your Bet on the Future?; 3.1.2 Necessary Third Parties-You Can't Avoid the Tollbooths; 3.1.3 Spoilers-The People from Left Field; 3.2 Team Negotiations-I Love My Team/I Hate My Team; 3.3 Negotiations with Organizational Constituents- Behind the Table; 3.3.1 Board of Directors; 3.3.2 Lawyer-Client Relationship |
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3.3.3 Shareholders3.3.4 The Other Side's Constituents; 3.4 Practical Applications; 3.5 Conclusion; 4. Multiple Decisions; 4.1 Multiple Options; 4.1.1 More Options, More Problems; 4.1.2 Filtering; 4.1.3 Information Leaks; 4.2 Multiple Issues; 4.2.1 Contingent Issues-Do Not Pass Go; 4.2.2 Linking Issues-Leverage; 4.2.3 Subtracting Issues-Making Things Simpler; 4.3 Agendas-The Secret Weapon; 4.3.1 Sequential vs. Simultaneous Negotiations- Chess vs. "Rock, Paper, Scissors"; 4.3.2 Strategic Ordering; 4.4 Practical Applications; 4.5 Conclusion; 5. Transactions Over Time |
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5.1 Path Dependence-Starting Points Matter5.2 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; 5.7 Conclusion; 6. Regulated Negotiations; 6.1 Information and Disclosure-Basic Concepts; 6.2 Obligations/Duties to Constituents (Corporate Law); 6.2.1 The Corporate Form; 6.2.2 The Duty of Loyalty; 6.2.3 The Duty of Care; 6.2.4 The Business Judgment Rule; 6.2.5 Other Duties to Constituents (Lawyers' Duty to Clients) |
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6.3 Conduct of Negotiations6.3.1 Anticorruption Laws; 6.3.2 Class Action Settlements; 6.4 What Written Agreement Looks Like (Contract Law/ Rules of Evidence); 6.4.1 Contract Law; 6.4.2 Evidence; 6.5 Content of Deal (Tax/Specific Regulations); 6.6 Practical Implications; 6.7 Conclusion; 7. Intercultural Negotiations; 7.1 Organizational Culture-The Personality of the Organization; 7.1.1 Values-The Principles that Guide; 7.1.2 Practices-How to Go to the Bathroom; 7.1.3 Language-The Dangers of In-Jokes; 7.2 National Culture-You Can Take the Boy Out of Iowa . . .; 7.2.1 Signaling Behavior |
| Summary |
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 knowledge of 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, mult |
| Bibliography |
Includes bibliographical references and index |
| Notes |
English |
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Print version record |
| Subject |
Commercial law -- United States.
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Negotiation in business -- United States
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BUSINESS & ECONOMICS -- Negotiating.
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Commercial law
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Negotiation in business
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United States of America.
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Negotiations.
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Companies.
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Corporate governance.
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Commercial law.
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United States
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| Form |
Electronic book
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| Author |
DeGuire, Andrew, author
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| ISBN |
9780199967582 |
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019996758X |
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9780190260057 |
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019026005X |
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0199323984 |
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9780199323982 |
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