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Negotiating Business Transactions: An Extended Simulation Course, Third Edition

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Authors
  • Daniel D. Bradlow
  • Jay Gary Finkelstein  
Series / Aspen Coursebook Series
BOOKMARK
Book length
368 pages
Publication Date
2022-02-01
Edition
Third Edition
Teaching Materials
NO
Description
Table of contents
Preface

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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
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Table of Contents
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Preface
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About the authors
Daniel D. Bradlow
American University Washington College of Law

Daniel D. Bradlow is a Professor and Senior Research Fellow at the Centre for Advancement of Scholarship, University of Pretoria; Senior G20 Advisor at the South African Institute of International Affairs; Compliance Officer, Social and Environmental Compliance Unit, at UNDP; Senior Non-Resident Fellow, Global Development Policy Center, at Boston University; and Professor Emeritus at American University Washington College of Law. His recent publications include The Law of International Financial Institutions (OUP, 2023); “A New Conceptual Framework for African Sovereign Debt: Finding an Optimal Outcome that Addresses 5 Challenges,” 33 Journal of African Economics Supplement 2 pp.162-177 (2024); and “Re-Thinking the Sustainability of Sovereign Debt” (with R. Lastra and S. Park), 27 Journal of International Economic 2 (2024). A complete list of publications is available at: https://hq.ssrn.com/submissions/MyPapers.cfm?partid=283289

Jay Gary Finkelstein
Member of Adjunct Law Faculties at Stanford Law School (Gould Negotiations and Mediation Program), Berkeley Law School, Georgetown Law School, and University of Pennsylvania

Jay Gary Finkelstein, a partner at DLA Piper LLP (US) for over 40 years (currently Of Counsel), practices corporate transactional law, focusing on international and domestic negotiated transactions, mergers and acquisitions, joint ventures, securities offerings, corporate structuring, strategic contractual relationships, and general corporate law. His practice has involved matters in multiple industries, including defense, hospitality, financial services, real estate, franchised businesses, and high-tech and emerging growth enterprises. He also represents numerous international nonprofit organizations. He works closely with lawyers throughout the world to coordinate legal services for international transactional matters.

Mr. Finkelstein has taught transactional law, business negotiations and contract drafting for over 20 years, focusing on experiential learning, collaborative pedagogy and practical skills. In addition to his current teaching at the above-listed law schools, he has previously been a member of the adjunct law faculties at American University, Washington College of Law, and Indiana University, Mauer School of Law. He has been a guest professor at Peking University School of Transnational Law (China), Sun Yat-Sen University (China), the Law Society of Ireland, Immanuel Kant Baltic Federal University (Kaliningrad, Russia), Tel Aviv University (Israel), Tilburg University (Netherlands), Handong International Law School (Korea), Southern Cross University (Australia), and Addis Ababa University Law School (Ethiopia),. Mr. Finkelstein speaks frequently on transactional law topics at academic conferences, seminars, and continuing legal education programs.

He is the author of:

  • “Barriers to Entry: Putting it Together School by School,” Journal of Experiential Learning, Issue 1, Art. 9 (Spring 2017);

  • “One Size Does Not Fit All: Reflections on Successful Implementation of an Experiential Education Class,” Transactions: The Tennessee Journal of Business Law, Vol. 18, No. 2 (2016);

  • “Practice in the Academy: Creating ‘Practice Aware’ Law Graduates,” Journal of Legal Education, Vol. 64, No. 4 (May 2015); “Simulations: Collaborative Experiential Learning,” Transactions: The Tennessee Journal of Business Law (Special 2013, No. 3) (based on a symposium presentation at the 2012 Emory Conference on Transactional Law) (co-authored with Prof Karl Okamoto);

  • “Training Law Students to be International Transactional Lawyers – Using an Extended Simulation to Educate Law Students about Business Transactions,” Pepperdine Journal of Business, Entrepreneurship and the Law, 2007 (co-authored with Prof. Daniel Bradlow);

  • “Cooperative Law in the United States” included as a chapter in the International Handbook of Cooperative Law, coordinated by EURICSE (European Research Institute on Cooperative and Social Enterprise).

Mr. Finkelstein is a graduate of Princeton University (A.B., 1975, magna cum laude) and Harvard Law School (J.D., 1978, magna cum laude). He is a member of the Virginia and District of Columbia Bars.
Product Information
Edition
Third Edition
Publication date
2022-02-01
Copyright Year
2022
Pages
368
LLPOD
9798886147988
Connected eBook (Digital Only)
9781543856484
Subject
International Business Transactions
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