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Record Nr. |
UNINA9910453398903321 |
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Autore |
Trask Andrew |
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Titolo |
Betting the company [[electronic resource]] : complex negotiation strategies for law and business / / Andrew Trask, Andrew DeGuire |
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Pubbl/distr/stampa |
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Oxford, England ; ; New York, : Oxford University Press, c2013 |
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ISBN |
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0-19-932398-4 |
0-19-996758-X |
0-19-026005-X |
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Descrizione fisica |
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1 online resource (873 p.) |
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Altri autori (Persone) |
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Disciplina |
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Soggetti |
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Commercial law - United States |
Negotiation in business - United States |
Electronic books. |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Cover Page; Title Page; Copyright Page; Dedication; Contents; Acknowledgments; 1. Elements of Complex Negotiation; 1.1 When Good Deals Go Bad; 1.2 The Nature of Negotiation; 1.3 The Problem of Complex Negotiations; 2. Nonrational Judgments; 2.1 Heuristics-When Our Mental Shortcuts Get Us into Trouble; 2.1.1 Priming and Anchoring-Taking Cues from Context; 2.1.2 Hyperbolic Discounting-Birds in Hands; 2.1.3 Loss Aversion; 2.1.4 Herding Behavior and Normality Bias-The Lemming Urge; 2.2 Professional Biases-How Training Colors Our World; 2.2.1 Businesspeople; 2.2.1.1 Executives |
2.2.1.2 Entrepreneurs2.2.2 Lawyers; 2.3 Personality and Emotion-Nobody Is Spock; 2.3.1 Personal Attraction-Don't Fall in Love with the Deal; 2.3.1.1 Charisma; 2.3.1.2 Trust; 2.3.2 Personal Animosity-"That F@%ing Guy"; 2.3.2.1 Anger; 2.3.3 Overconfidence-Everyone's Above Average; 2.3.3.1 Practical Implication; 2.4 Conclusion; 3. Multiparty Negotiations; 3.1 Multilateral Negotiations-More People, More Problems; 3.1.1 Auctions-What's Your Bet on the Future?; 3.1.2 Necessary Third Parties-You Can't Avoid the Tollbooths; 3.1.3 Spoilers-The People from Left Field |
3.2 Team Negotiations-I Love My Team/I Hate My Team3.3 |
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Negotiations with Organizational Constituents-Behind the Table; 3.3.1 Board of Directors; 3.3.2 Lawyer-Client Relationship; 3.3.3 Shareholders; 3.3.4 The Other Side's Constituents; 3.4 Practical Applications; 3.5 Conclusion; 4. Multiple Decisions; 4.1 Multiple Options; 4.1.1 More Options, More Problems; 4.1.2 Filtering; 4.1.3 Information Leaks; 4.2 Multiple Issues; 4.2.1 Contingent Issues-Do Not Pass Go; 4.2.2 Linking Issues-Leverage; 4.2.3 Subtracting Issues-Making Things Simpler; 4.3 Agendas-The Secret Weapon |
4.3.1 Sequential vs. Simultaneous Negotiations- Chess vs. "Rock, Paper, Scissors"4.3.2 Strategic Ordering; 4.4 Practical Applications; 4.5 Conclusion; 5. Transactions Over Time; 5.1 Path Dependence-Starting Points Matter; 5.2 Time Asymmetries-Why Someone Prefers to Go Slow; 5.3 Exogenous Shocks-What Happens When Stuff Happens; 5.4 Learning-Why Some Conflict May Not Be So Bad; 5.5 Sequential Strategy-Why It Pays to Be Nice; 5.6 Practical Implications; 5.7 Conclusion; 6. Regulated Negotiations; 6.1 Information and Disclosure-Basic Concepts; 6.2 Obligations/Duties to Constituents (Corporate Law) |
6.2.1 The Corporate Form6.2.1.1 Board of Directors; 6.2.2 The Duty of Loyalty; 6.2.3 The Duty of Care; 6.2.4 The Business Judgment Rule; 6.2.5 Other Duties to Constituents (Lawyers' Duty to Clients); 6.3 Conduct of Negotiations; 6.3.1 Anticorruption Laws; 6.3.2 Class Action Settlements; 6.4 What Written Agreement Looks Like (Contract Law/Rules of Evidence); 6.4.1 Contract Law; 6.4.2 Evidence; 6.5 Content of Deal (Tax/Specific Regulations); 6.6 Practical Implications; 6.7 Conclusion; 7. Intercultural Negotiations; 7.1 Organizational Culture-The Personality of the Organization |
7.1.1 Values-The Principles that Guide |
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Sommario/riassunto |
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Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. In Betting the Company: Complex Negotiation Strategies for Law and Business, Andrew Trask and Andrew DeGuire offer a thorough introduction to enable lawyers and business people to understand the theoretical concepts and to apply practical tools to conduct a successful, mult |
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