Recently, the New York Times posted a story on the new FTC regulations that as of December 1, 2009, require bloggers who review products to disclose any connection with advertisers, including receipt of free products or payment in any way. In advancing this rule, the FTC stated that this practice frequently occurs and can be deceiving to the public.
We have all been there — shouting, grand-standing and lines in the sand. Unfortunately, when a negotiation turns hostile, the client suffers. A missed opportunity, dead deal, lost capital or worse. All can be results of negotiations gone bad. I have found that interest-based negotiation can often prevent hostile negotiations and even turn a hostile negotiation more productive.
In a recent article from Law.com, an industry observer stated “[a]lternative fee arrangements are like teenage sex. There’s a lot more people talking about it than doing it—and those that are doing it don’t really know what they’re doing. . . .” While yes, that is a juicy, headline-attracting quote, I tend to agree with it wholeheartedly.