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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
2022-01-31
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
Professor Materials
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About the authors
Daniel D. Bradlow
American University Washington College of Law

Daniel D. Bradlow is the Head of the International Economic Relations and Policy Department at the South African Reserve Bank, Professor of Law at American University Washington College of Law in Washington, D.C., and an Extraordinary Professor in the Centre for Human Rights at the University of Pretoria, South Africa. He is a member of the Executive Council of the American Society of International Law. His scholarship focuses on global economic governance, the international financial institutions, creative financing for development, and the international legal issues that arise at the interface of large projects and sustainable and equitable development.

He has worked as a Senior Special Fellow in the Legal Aspects of Debt and Financial Management Programme of the United Nations Institute on Training and Research (UNITAR), and has been a Consultant to the World Dams Commission, MEFMI (The Macroeconomic and Financial Management Institute for Eastern and Southern Africa), Pole-Dette, the World Bank, the African Development Bank, the Commonwealth Secretariat, UNESCO, the United Kingdom's Department for International Development, and the MacArthur Foundation. He served as a member of the International Law Association's Committee on Accountability of International Organizations and is currently the Co-Rapporteur of the International Law Association study group on the same topic.

He has lectured in the United States and many countries in Africa, Asia, Europe, and Latin America on global economic governance, both the public and private aspects of international economic and financial law, and on the negotiating and structuring of international economic transactions. His publications include books and articles on international financial law, the international financial institutions, foreign investment, inspection mechanisms in international financial institutions, regulatory frameworks for water, dams and dam safety, globalization and its implications for global economic governance, and the changing responsibilities of the World Bank and the IMF in the management of the global economy.

Professor Bradlow holds degrees from the Universities of Pretoria and the Witwatersrand in South Africa, and Northeastern University and Georgetown University in the USA. He is a member of the New York and District of Columbia Bars.

Jay Gary Finkelstein
American University Washington College of Law

Jay Gary Finkelstein is a partner at DLA Piper LLP (US) where he has practiced corporate and securities law for over 30 years, 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 a wide variety of 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 the delivery of legal services for international transactional matters.

Mr. Finkelstein is Adjunct Professor of Law at American University, Washington College of Law, where he has taught since 2003. He also holds adjunct teaching positions at Stanford Law School, Berkeley Law School, and Georgetown Law School and has been a guest professor at 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 co-author (with Prof. Daniel Bradlow) of "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. He is also the co-author (with Prof. Karl Okamoto) of "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), as well as the co-author of "Cooperative Law in the United States" to be included 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
2022-01-31
Copyright Year
2022
Pages
368
Connected eBook + Paperback
9781543840308
Connected eBook (Digital Only)
9781543856484
Subject
International Business Transactions
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