Friday, October 04, 2002


Negotiation 101: Analyzing a Contract.

Negotiation 101: Analyzing a Contract

[different, random, but hopefully interesting]

I'm helping a friend (party A) out with some financial negotiations and it NEVER ceases to amaze me what people try to get away with.  The circumstance is that party A is being bought out of shares in a private company by party B, a manager but not owner in the business.  Party A is an owner but not an active participant in the business so Party B has significant advantages and a much deeper understanding of the business and direct access to the company's books.  While party A may technically have access as a shareholder (they are roughly a 20% shareholder), practically speaking they don't. 

My overall comment on the process is that it seems that a sense of equitable fair dealing seems to have flown the coop and / or people seem to think that the other party in the negotation must have "fallen off the turnip truck" (for those non-english native speakers, this means an unsophisticated individual). 

Here's the standard approach that I use for any contract I'm asked to look at ...

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Open Courseware, Open Minds. The MIT OpenCourseware pilot went live. Continuous self-improvement through education is an almost universal human endeavor, and I love the fact that through the simple application of time and intellect, students of all ages and from all walks of life can now 'survey' courses in a wide range of topics from a well-regarded academic institution (via LtU). [Peter Drayton's Radio Weblog]
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