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Negotiating Business Transactions: An Extended Simulation Course, Second Edition

Daniel D. Bradlow, Jay Gary Finkelstein


  • ISBN: 9781454888451

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  • Description

    Negotiating Business Transactions: An Extended Simulation Course, Second 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.

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  • Additional Product Details

    Publication Date: 8/3/2018
    Copyright: 2019
    Pages: 336
    Paperback: 9781454888451
    Ebook: 9781543801248

    Detailed Table of Contents (PDF Download)
    Preface to Second Edition

    Summary of Contents


    PART I
    1. Introduction
    2. Introduction to Transactional Practice
    3. Role of the Lawyer in a Business Transaction
    4. Use of Financial Analysis in Transactional Practice and Negotiations

    5. The Simulation Materials

    6. The Process of Negotiation
    7. Lawyer as Negotiator: Understanding the Deal; Applying the Process
    8. International Negotiation
    9. Psychology of Negotiations
    10. Special Issues in Negotiations
    11. Communication
    12. Ethics of Negotiations

    13. Transactional Documents—A Primer
    14. The Letter of Intent
    15. The Joint Venture Agreement
    16. The License Agreement
    17. The Supply Agreement
    18. Conclusion—Looking Back


  • Author Information

    Jay Gary Finkelstein

    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 Unversity (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.

    Daniel D. Bradlow

    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 National 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 and is a member of the New York and District of Columbia Bars.

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