Caitlin Clark’s Leverage and Non-Competes
WNBA number 1 draft pick and college superstar Caitlin Clark recently agreed to a Nike endorsement deal that pays her $28 million over 8 years plus a signature shoe, according to The Athletic and The Wall Street Journal. And the Federal Trade Commission (FTC) just...
Negotiation Strategies for Divorcing Parties (Part One)
I’m often asked to identify my most challenging negotiation, and my answer for the last 21 years has always been the same – with my wife! The second most challenging one? With my kids. Most family negotiations have all the elements of extremely tough negotiations....
Similarities in Poker and Negotiation Strategies
I’ve always enjoyed poker, in part due to its similarities to negotiation: strategy, bluffing, reading others’ intentions, significant stakes, crucial verbal and non-verbal signals, split-second decisions with immediate consequences and feedback, and the list goes on....
Real Estate Agents’ Compensation Negotiations (Part Two)
How much should a home buyer or seller pay their real estate agent? Historically, the answer was 6% of the home sale price, split equally by the seller’s and buyer’s agents. But that amount was basically set by the National Association of Realtors, real estate agents’...
What’s Important to You
Years ago in law school, I was taught to pay particularly close attention to any inconsistencies I noticed in litigation from our opponents – whether in depositions, motions or at trial. I was told to analyze their words, strategic moves, and tone and body language....
Evaluating Blue Chips vs Bargaining Chips (Part One)
“Pay extra attention to the minutiae and ensure you fully understand every term and condition,” this senior partner told me when I was a junior associate. “Some lawyers will try to bury critical provisions in the least obvious places. It’s your job to catch and...
Limited Authority Responses
“I would love to do the deal, but I just don’t have the authority.” I can’t count how many times I have heard this in a negotiation. It’s probably one of the most common statements in all negotiations. It’s also often a smart strategic move, especially if you...