Negotiating Business Transactions

Book excerpt: Negotiating Business Transactions, Third Edition, by Daniel D. Bradlow and Jay Gary Finkelstein, is designed for simulated transactional negotiations courses in Transactional Law, Negotiations, and International Business Law. Negotiating Business Transactions: An Extended Simulation Course, Third Edition—targeted to upper-level courses in Transactional Law, Negotiations, and International Business Law—is designed for a unique, simulated transactional negotiations course involving two groups of students (in the same law school or different law schools) representing either a multinational corporation or an agricultural producer in negotiating a complex business transaction. With ample instructional materials and a simulation exercise that includes individual negotiating instructions for each party, this complete teaching package offers students the opportunity to “learn by doing” and to experience how to negotiate and structure a complicated business transaction. Students learn to strategize, negotiate, and draft, all within the context of a simulated business negotiation that brings the deal inside the classroom where its multiple aspects—legal, business, social, and political—can be studied. In addition to the substantive materials focused on the business and legal issues raised by the simulation exercise, authors Daniel D. Bradlow and Jay Gary Finkelstein address the ethical, social, and professional issues that can arise in transactional legal practice. New to the Third Edition: New Chapter 13 addressing transactional contract drafting issues New materials on the growing use of negotiations via computer platforms which enabled negotiations to continue during COVID restrictions and which will continue to impact and evolve for conducting negotiations even as COVID recedes Updates to content throughout the text Professors and students will benefit from: Complete simulation materials—facts and context, negotiating instructions, and background readings on all aspects of the transaction Balanced coverage of negotiation skills and substantive issues relevant to business transactions Opportunity for students to apply negotiation and business concepts in analyzing the transaction, preparing and strategizing for negotiation, and structuring legal relationships and documents to achieve client objectives Professional responsibility issues in the context of a negotiation Practical coverage: The real-time challenges of negotiating a business deal Where business and law intersect when negotiating a business deal How to structure a complex business deal How to use their knowledge of law to find solutions in business transactions Creative problem solving to achieve a mutually acceptable outcome How to work collaboratively to implement a strategy How to document a business transaction Introduction to the relevance of psychology in negotiation Introduction to financial aspects of a transaction Materials on Ethics and Negotiation Full sample transactional documents Meeting of all ABA requirements under ABA Standard 303 for experiential, practical skills class Online companion materials Teaching materials include: Teacher’s Manual, including simulation negotiating instructions Sample syllabus Alternative class formats Key issues Lecture outlines PowerPoint presentations