Contract Negotiation

Your Western assumptions are not likely going to line up with the assumptions of your Chinese counterparts. Find out why.

The next time your Chinese negotiating counterpart tells you that "China is different," seek verification before you move forward.

What are some negotiating techniques commonly used by Chinese companies when negotiating against foreign companies?

Do not fall prey to the negotiating tactics discussed here.

Business relationships are kind of like marriages. And unfortunately, like some marriages, one or more parties figure out that the benefits of the relationship don’t outweigh the negatives, and decide to part ways. How can you handle it efficiently?

David Mowry analyzes a contentious issue in business-to-business terms and conditions negotiations: data security.

David Mowry thinks that bluster can begin as soon as the adversary reads your bio and decides that you are not quite a peer. This inappropriate elitism only worsens when one side gains the upper hand....

I’m writing this wearing my new bifocals. They take some getting used to after years of regular glasses and contacts. But, after watching me examine small print like I was Mr. Magoo, my wife convinced me that it was time to take a symbolic plunge toward middle age. I admit to no small amount of […]

Tim Tebow is a God in Florida, and he was sitting there in the draft when Jacksonville passed on him. Now, the Jacksonville Jaguars have a new owner. Coincidence? The Jaguars seem to be a terribly run organization. Even the Jags' lawyers can't get it together. The new owner removed the team's general counsel for something that looks like an unforgivable error for a lawyer to make....

Admittedly, I take on some large issues in this column. But this is neither a treatise on contract law, nor the forum to attempt one. I am simply attempting to give some pointers for negotiating commercial contracts. I do very much appreciate the emails that I receive that suggest where I missed some salient information, […]

Caveat: I did not write the following dialogue. It is from the “comments” section of one of my columns where I mentioned I’d be writing about HIPAA and GLBA. Unfortunately, I cannot attribute the comments to the persons who wrote them, as they are anonymous; however they are quite apropos of today’s subject: 1) “I […]

* Rajabba is appealing his insider trading convictions and prison sentence, but someone needs to suffer for this outrage. Where are Solo and the Wookiee when you need them? [Bloomberg] * PETA is suing SeaWorld on Thirteenth Amendment grounds for enslaving killer whales. Oh, so the only marine animals you’ll help have to be black […]