The Transformation Of The Legal Function

I invested a significant amount of time to prepare for the Byrnes, Byrnes & Townsend negotiation meeting. I represented Mrs. Townsend, the plaintiff in this case and I chose co-operative strategies and tactics for this negotiation exercise. For me to address the liability and evaluate the case, I had to divide the facts in four categories: weaknesses and strengths of the opponent, weaknesses and strengths of my case. From the class discussions, I learned that the success of the negotiation directly depends on the preparation stage, therefore, I carefully assessed the obtained information, evaluated interests of both parties, set out substantive, intangible, and procedural goals, developed mine and my opponent`s BATNA, set the limits, and implemented negotiation strategy and tactics.

Negotiations are a part of daily life whether we are aware of them occurring or not. In everything that we do there are preferred end results and the end results are likely to affect more than one person. The goal in this however, is to ensure that all parties are equally benefited from the actions and reactions that occur to create that end result. While some dealings are done in a more subtle manner without a great deal of negotiation per say there are other situations that would warrant more vocalized mutually acceptable compromises. The purpose of this paper will be to effectively explain a situation of which required negotiation on the part of both parties that almost all of us have endured and that would be the process of buying a

This year we have seen more electric and hybrid vehicle startups than ever before.” (Morrison) Nearly everyone recognizes the benefits of the shift, both in terms of how it would help our environment in the long term, but also the economic impact it would have, (reduced gas costs, lower electric and other utilities bills... etc.) But still, many large companies work to impede the progress in favor of maintaining our dependence on fossil fuels. The American Petroleum institute has worked with many oil industry protection companies to stymie the renewable energy movement, even in some cases, “posing as environmentalist groups in order to attract the support of environmentalists while simultaneously pushing their anti-renewable agenda.” (Blankenhorn) Many of these companies striving against renewable energy also support the building of the Keystone pipeline, using the justification that the building of the pipeline would lower gas prices. But what they fail to acknowledge is the basic economic fallacy of this, “Fossil energy prices are not going to fall. The more you remove carbon-based resources from the ground, the more it costs to get more.”

Miller, R., & Jentz, G. (2012). Business law today. (9th ed.). Mason, OH: South-Western Cengage

In our recent negotiation, my partner Dave and I assumed the roles of Alan Hacker, a computer software developer, and Alan Hacker’s lawyer. Being the lawyer in the negotiation my objective was to avoid litigation with my client’s partner Stanley Star and to aid in the continuation of my client’s co-owned company HackerStar. In addition, I would assist Hacker in coming to an agreement that would be satisfying for him both personally and financially. I felt that Dave and I presented a reasonable argument on Hacker’s behalf and, since I was able to apply some of our class readings during the process, I was overall pleased with the outcome.

“Baseball is like church,” Leo Durocher once said, “many attend, few understand.” Nearly everyone agrees that baseball is America’s pastime but not nearly everyone understands it or it’s intricate parts; the same can be said for negotiation. The art of negotiation transcends any one topic or area. From our very beginnings as a country when we scored what went down as one of the greatest deals in history, the Louisiana Purchase, and later what may be known as the worst deal ever, the Boston Red Sox trading Babe Ruth to the New York Yankees. Contract negotiation has evolved immensely since the sport’s inception in 1839.

In an article in the Portland Press Herald entitled “NLRB dismisses ‘bad faith’ bargaining claims against FairPoint” by Whit Richardson, The National Labor Relations Board dismissed the charges brought against FairPoint by two labor unions representing the Workers of Fairpoint. The Labor Unions has sued FairPoint for bargaining in bad faith when the Company walked away from the negotiation table and stated that the negotiation had reached an “impasse’’. Based on the outcome of the suite, FairPoint was preparing to hire new workers to replace the striking workers. The Company (FairPoint) was seeking $700 million in concession by freezing the pensions, seeking employees to contribute 20% towards funding their healthcare plans and elimination

This case was prepared by Associate Professor Marc L. Lipson. It was written as a basis for class discussion rather than to illustrate effective or ineffective handling of an administrative situation. Copyright  2010 by the University of Virginia Darden School Foundation, Charlottesville, VA. All rights reserved. To order copies, send an e-mail to sales@dardenbusinesspublishing.com. No part of this publication may be reproduced, stored in a retrieval system, used in a spreadsheet, or transmitted in any form or by any means—electronic, mechanical, photocopying, recording, or otherwise—without the permission of the Darden School Foundation.

Prior to a corporation or its employees taking action, it usually requires an informed legal advice. Legal direction may be either taken or dismissed; the point is that in order to provide an informed decision counsel and its direct reports are provided with confidential information. Counsel reviews the confidential information and provides an opinion on the issue. This opinion may or may not support the legality of a matter and the company may or may not act because of the information provided, however, the confidentiality of the initial information provided, the attorney’s thought process, as well as all reasoning associated with this process needed to be retained as confidential.

Marshall can state that according to the statutory and doctrinal framework, “the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance…” (Bernstein, 2016). Furthermore, the Muscadine grape farm’s act of good faith established an unspoken acceptance of Marshall’s late

The Rump Organization, a SEC registrant, is planning a corporate restructuring plan. On December 27, 2005 Ronald Rump, the CEO of the organization, along with the Board of Directors approved a plan to involuntarily terminate 100 of the organization’s employees. There is an option for each of the employees to sign a litigation waiver, which forfeits any right they have for legal action against Rump. In exchange for their voluntary signing of the waiver, Rump will offer each employee a lump-sum cash payment

The subject matter of the case is presented as a negotiation between a real estate developer, Hawkins, and a possible anchor tenant, Discount Marketplace. Both parties are represented by professional negotiators: Myra Hart is representing the Hawkins Company and Genia is representing the Discount Marketplace.

When entering into contract negotiations, the objective of each side is to obtain a contract of greatest benefit to their organization. This desirable outcome never happens by chance; it is always the result of careful planning. A critical part of this planning is understainding the role of power. This includes determining who possesses the power in bargaining, and establishing strrategies to bargain with individiuals who have more power than you. This power is needed to obtain the advantage in negotiating which will increase the liklihood of obtaining the goal (Lewicki, Saunders & Barry, 2011). Once in the heat of negotiation, it can be too late to try to catch-up on planning which failed to occur before the negotiation process began.

Energy is a critical component for every economy and society around the world. Energy is divided into two groups, nonrenewable (coal, oil, natural gas, and nuclear) with a finite amount found around the globe and renewable (hydro, tidal, solar, wind, geothermal, and biomass) that are constantly being replenished so that they will never run out (Green Energy Choice, 2011). The international economic impact of renewable energy is explored by examining subsidies, strategic policies, and comparative advantage of renewable energy.

The company, founded in 2008, based in Rome, Italy dedicates their time, knowledge and technology to developing and managing energy generation from renewable sources worldwide. Enel Green Power has over 715 plants in 16 countries where generation mix includes wind, solar, hydroelectric, geothermal and biomass with an annual power production of 29.5 TW/h. (1) Enel Green Power is a global leader in renewables energy with a net installed capacity of 8.9 GW, of which the majority comes from wind 5.1 GW (57.3%), 2.6 GW (29.2%) of hydroelectric, 0.8 GW (9.0%) of geothermal, 0.3 GW (3.4%) of solar and 0.1 GW (1.1%) of other renewable technologies. (3)