Researching the Opposing Party: Forewarned is Forearmed
When I prepare to negotiate an agreement for a client, I start by researching the other party so I can gain insights that might help me represent my client more effectively. The obvious starting point...
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A couple of years ago I had one of my greatest thrills as an attorney. My client owns several patents covering ways to improve the efficiency of certain types of lasers. We had succeeded in licensing a...
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Watch Out for “You Don’t Own It until You Pay”
A start-up entrepreneur recently told me about the agreement he signed with the developer of his website. The agreement has what I consider, from the entrepreneur’s perspective, a most pernicious...
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SBIR: Federal Money for Small Technology Companies
If your small technology company provides products or processes that might interest the U.S. government, you should know about the Small Business Innovation Research (SBIR) program. The objective of...
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I Think the Economy – and Business Confidence – are Improving
I think the economy – and business confidence – are improving. The reason: During the past week, two of my clients received unsolicited acquisition overtures from well-known Bay Area companies. I’ll...
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Negotiating Successfully: The #1 Thing You Need to Know
Several years ago, a friend lamented that he was not very good at negotiating on behalf of his professional-services business. He felt that clients were better at “bluffing” and other negotiating...
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When the Other Side Negotiates Too Aggressively….
Several days ago, a Quora question and answer caught may attention. The question asked about things some lawyers do that break, rather than make, deals. I was intrigued by the response “[s]ending over...
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Why Does the Other Party Want to Apply NY Law?
This post is based on a question that I answered on OnStartups. Q. I’m in the process of closing a deal with a new client, and the only sticking point is the choice of applicable law. I am located in...
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Negotiating Software Licenses – What Really Counts
This post addresses the most important issues that are raised in negotiating software licenses. I will assume that parties have agreed on pricing. (Otherwise, there is no point negotiating license...
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Blame Your Lawyer – An Underappreciated Legal Service
In this post I will explain why, sometimes, it can be helpful to blame your lawyer for something that really is not the lawyer’s fault. In my experience, this situation typically arises when a client...
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