He swore at me in front of my client. I was really surprised. I was a young lawyer at the time, and he was the opposing counsel and managing partner of a prominent law firm. I had requested documents that his associate had promised, and that my client had flown in to review (and to which we were legally entitled). It prompted this unprofessional outburst and a refusal to provide the material. He thought he could intimidate and embarrass me.

We just returned from a family trip to Japan, and I couldn’t help but consider some of the culturally different negotiation approaches – and the lessons we can learn from them. Here are three. Of course, these are broad and general tendencies. And exceptions abound, especially on an individual level.

We recently solicited bids to repaint our house from three residential painters/painting companies, all of whom came recommended by friends or family. We also requested bids for an upcoming home renovation. (Yes – our house needs some work!). Despite having gone through this for similar projects 10-15 years ago, I was still surprised to receive a huge variation in the bids. In fact, some were almost twice as expensive as others.

Masayoshi Son had “earned a reputation as the Bill Gates of Japan” by making it big with the software distributor SoftBank. According to Sebastian Mallaby in The Power Law: Venture Capital and the Making of the New Future, while Son’s “childhood home was a squatter’s shack near a railroad that he shared with six siblings,” he invested “like a desperado with nothing to lose, even when his fortune was worth billions.” This style served him well when he negotiated with Yahoo’s f

Bob Metcalfe, the inventor of the Ethernet computer-networking technology and founder of a tech company sold in 2010 to Hewlett-Packard for $2.7 billion, called this negotiation tactic of a potential venture capital investor the “Oh-by-the-Way Syndrome.” Here’s what happened. This venture firm would reach a tentative agreement with him on all the major terms, but then – just when he expected to sign – they would say “oh, by the way, we also need …,” and add another signifi

Our son recently interviewed for internships this summer (he’s a Northwestern University junior double majoring in computer science and psychology). It got me thinking about one of the most consequential negotiations of our lives, our first real career opportunity. Why is this first job negotiation often disproportionately impactful? Because it almost always provides a baseline starting point for all future job negotiations So, what is especially crucial here as a jobsee

Veteran Thoroughbred trainer Phil Serpe was charged by the Horseracing Integrity and Welfare Unit (HIWU) after his horse, Fast Kimmie, tested positive for clenbuterol following an August 2024 race. After a confirmatory test and Serpe’s decision to contest the charge, HIWU imposed a provisional suspension in October...

I recently had knee replacement surgery, and the post-surgery rehabilitation phase has been challenging. Everything went well surgery-wise, but the rehab – to be successful long-term – has required a surprising level of perseverance, dedication, discipline, and commitment.

"It’s your tone,” my wife said to me after I apologized. What did she mean? She didn’t feel like I meant it when I said it. “Ugh,” I thought to myself. I did mean it, but it doesn’t really help much if she doesn’t believe it. What’s the problem here?

I am not a huge fan of Disneyland and Disneyworld. My wife and kids love them, but I hate long lines and just don’t love rollercoasters and their other rides (largely because I don’t feel great after and it takes me a while to recover). But I do admire how Disney runs

Shortly after being named Disney’s CEO, Bob Iger negotiated peace with then disgruntled and former board member Roy Disney (Walt’s nephew). Roy had just sued Disney over Iger’s selection, and it easily could have derailed Iger’s effort to lead Disney in a bold new direction.

The personal threats, vitriol and escalatory social media tantrums flying between former bromance buddies Elon Musk and Donald Trump last week – and their apparent truce this week – got me thinking about how friends should effectively communicate and negotiate with each other.

ICLEF has learned of the passing of our dear friend and long-time faculty member, John Trimble. John was an extraordinary man whose contributions to the legal community leave a profound impact and legacy....

I recently finished tennis superstar Jimmy Connors' autobiography The Outsider and it contained some great lessons applicable to negotiations (and life)...

A Past-President of ICLEF and ICLEF Excellence in Continuing Legal Education Award recipient, Thomas Ridley Lemon passed away on March 26.

ICLEF is deeply saddened to learn of Jessie’s passing.  For over 40 years, Jessie played a pivotal role in many aspects of continuing...

I’ve always enjoyed escaping into the fantasy worlds of novels and series like The Lord of the Rings, Game of Thrones, Harry Potter, and..

The Horse Racing Integrity and Safety Act (HISA) has been in place since May 2023, and a stark difference in the manner in which horsemen...

The major deal points for the sale of my client’s company were set. But we still needed to negotiate terms and conditions (Ts and Cs)...

Learn the art of negotiation with 10 Keys to Negotiating Contract Terms (P2). Discover tactics to handle tricky counterparts and seal the...