Dealmaking

Dealmaking: Three Deal-Drafting Pitfalls

Filed in Dealmaking

The transfer of an agreement from negotiators to lawyers or other professional deal drafters can introduce three main types of mistakes. Read on to discover how you can avoid making these same mistakes at the bargaining table during your next dealmaking negotiation session. … Read More 

Exclusive Negotiation Periods

Filed in Dealmaking

The clearest method for achieving exclusivity is an exclusive negotiating period, during which both sides agree not to talk to third parties, even if approached unexpectedly by others. In some arenas, these terms are called no-talk periods. … Read More 

Why You Should Limit Your Options

Filed in Dealmaking

An excess of choices can not only impair your effectiveness at the bargaining table but also reduce your quality of life. In The Paradox of Choice, Barry Schwartz offers these strategies for limiting choice – and improving overall satisfaction: … Read More 

Deal Making Without a Net: Yahoo’s Tumblr Acquisition

Filed in Dealmaking

On May 19, Internet company Yahoo announced that it was purchasing the blogging service Tumblr for about $1.1 billion in cash. The acquisition could put a fresh face on the aging Internet company and provide it with a profitable revenue source—or it could turn out to be another instance of the Web pioneer overpaying for … Read More 

What to Do Before the Deal Breaks Down

Filed in Dealmaking

Whenever one side fails to meet its contractual obligations, renegotiation is more likely to succeed if the parties have a strong relationship. Ideally, the aggrieved party will value long-term relations more than potential gains from a claim for breach of contract. For example, a bank will be more willing to renegotiate a loan with a … Read More 

Negotiate Conditions – And Bring Value to the Deal

Filed in Dealmaking

Like a contingency, a condition to a deal is a related though far less common deal-structuring technique. A condition is an ‘if’ statement like a contingency, but, whereas a contingency depends on unknown future events, a condition is entirely within the control of the parties involved. … Read More 

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