Ethos Business Law

If you have ever been to Minnesota, or better yet lived there, you have probably experienced “Minnesota Nice.”  Typically, Minnesota Nice is characterized by polite friendliness, an aversion to confrontation, a tendency toward understatement, a disinclination to make a fuss or stand out, emotional restraint or self-deprecation.  What happens when Minnesota Nice enters the negotiating room?  Often times, it can lead to difficult or failed negotiations.

Unfortunately, Minnesota Nice isn’t really about being “nice” at all. It’s more about keeping up appearances and avoiding confrontation.  Moreover, it can also be used as a negotiation tool, which causes confusion, misunderstanding and frustration among other participants.  So, what do you do when you are in a negotiation and you are confronted with “Minnesota Nice?”  Here are a few tips: (more…)

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.

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In a post a few weeks ago found here, I discussed the advantages and disadvantages of some legal self-help tools.  In the last few weeks, some new and interesting tools have shown up.  For example, Wilson, Sonsini, Goodrich and Rosati developed a Term Sheet Generator.  The description of the tool from the website is as follows:

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LegalZoom, RocketLawyer, Nolo . . . the list goes on and on. So what do you do when you are faced with what seems like a simple legal issue. Do you pick up the phone and call an attorney, or do you grab your mouse and do it yourself? (more…)

Every day business people are confronted with confidentiality agreements. Although they may seem benign or commonplace, they can have some potentially disastrous consequences if not correctly approached. What do they really mean? When are they appropriate? What should they include? What are the potential pitfalls? This Top 10 List discusses some important considerations every business person should think about when considering a confidentiality agreement. (more…)