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International Business Negotiation

This course is structured around a quarter-long, simulated negotiation exercise which is intended to provide an in-depth study of the structuring and negotiating of an international business transaction. This class will be taught in counterpart with a class at Berkeley Law School. Students in this class will represent a U.S. pharmaceutical company, and the students in the class at Berkeley will represent an African agricultural production company. The two companies are interested in working together to exploit a new technology developed by the pharmaceutical company that uses the cassava produced by the African agricultural production company. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. The negotiations between the two classes will take place through written exchanges and through real-time negotiation which will be conducted both in-person and via videoconferences.nnThe course provides students with an opportunity to gain insight into the dynamics of negotiating and structuring international business transactions, to learn about the role that lawyers, law and business play in these negotiations, and to develop experience in drafting communications and actual negotiations. Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements.nnThe thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams, to prepare for class discussions involving the written exchanges, as well as preparing for the live negotiations. Class discussions will focus on the strategy for, and progress of, the negotiations, as well as the substantive legal, business and policy matters that impact on the negotiations.nnIn addition to the regular Monday class, classes will meet for the live negotiations on two Thursday evenings on-campus at 7:00 PM (10/24 and 11/7) and three Saturday mornings at 10:30 AM (10/12, 11/2 and 11/16) in the San Francisco office of DLA Piper (close to Montgomery St. BART station). Due to the Thursday and Saturday classes, this class will conclude on November 18.nnThe course will be limited by lottery to 12 students from SLS, with six additional slots held for students from engineering or business, provided that law students will be accepted if such slots are not filled by day of lottery.nnAttention Non-Law Students: Non-Law student enrollment in this course will be determined by a lottery. To bid for this course, you must complete and submit a Non-Law Student Course Add Request Form to the Law School Registrar's Office (room 100). For detailed enrollment instructions, see the Limited Enrollment Courses With Reserved Openings For Non-Law Students section of the Law School Registrar's website at: non-law student course registration.nnPrerequisites: A course in basic negotiations (e.g., Law 615) or comparable prior experience is recommended. A primer on basic negotiations skills will be offered at a time TBD as an alternative for students who have not had a prior negotiations class or experience. nnElements used in grading: Class participation, written assignments and final paper.

2013-2014 Autumn
09/26/2013 - 12/05/2013 Mon 4:15 PM - 6:15 PM at Law 230
Instructors: Jay Gary Finkelstein
Notes: Professional Skills Requirement for Law Degree. Law Lottery.

Instructors for this course

Jay Gary Finkelstein