Law Schedule of Classes

NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.

Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.


245.9 sec. 001 - International Business Negotiations (Spring 2021)

Instructor: Jay Finkelstein  (view instructor's teaching evaluations - degree students only | profile)
View all teaching evaluations for this course - degree students only

Units: 3
Grading Designation: Graded
Mode of Instruction: Remote Instruction

Meetings:

    MTuWThSu 08:00 AM - 3:30 PM
    Location: Internet/Online
    From January 03, 2021
    To January 07, 2021

    F 08:00 AM - 10:45 AM
    Location: Internet/Online
    On 2021-01-08

Course Start: January 03, 2021
Course End: January 08, 2021

Enrollment info:
Enrolled: 9
Waitlisted: 0
Enroll Limit: 14
As of: 05/08 05:45 AM


This class which has previously involved international travel will be taught this year via Zoom. The class remains partnered with a counterpart class at Tel Aviv University and will offer a cross-cultural negotiation experience. The class will be completed (except final paper) by January 8, 2021.

ENROLLMENT IN THIS CLASS IS BY APPLICATION. THERE WILL BE AN INFORMATIONAL MEETING ON October, 27 AT LUNCH (12:50, PACIFIC TIME) FOR INTERESTED STUDENTS TO LEARN ABOUT THE CLASS AND OBTAIN THE APPLICATION (which can also be requested by email to jay.finkelstein@dlapiper.com). THE CLASS IS LIMITED TO 14 STUDENTS. THERE WILL BE THREE 3-HOUR PREPARATORY SESSIONS HELD ON DECEMBER 21, 22, and 23rd. ATTENDANCE AT THESE MEETINGS, WHILE OPTIONAL, WILL BE ONE OF THE FACTORS I CONSIDER WHEN MAKING ENROLLMENT DECISIONS. Questions should be directed to the instructor at jay.finkelstein@dlapiper.com.

October 27th Meeting Link:
https://dlapiperus.zoom.us/j/98599145010?pwd=c1FLNE9XZVdYVWdLT29EbE1MWDE4QT09
Meeting ID: 985 9914 5010;
Password: 653819

This course is structured around a simulated negotiation exercise in which the students in this class will represent a multinational pharmaceutical company (KJH Pharmaceutical Corporation) and the students in a counterpart class at Tel Aviv University will represent an African agricultural company (Malundian Cassava Corporation) and the students in a counterpart class. The two companies are interested in working together to exploit a new technology developed by KJH Pharmaceutical that uses the cassava produced by Malundian Cassava Corporation. The form of their collaboration could be a joint venture, licensing agreement or long-term supply contract. The negotiations will take place through written exchanges and through live negotiations.

The purpose of the course is to provide students with an opportunity (i) to experience the sequential development of a business transaction over an extended negotiation, (ii) to study the business and legal issues and strategies that impact the negotiation, (iii) to gain insight into the dynamics of negotiating and structuring international business transactions, (iv) to learn about the role that lawyers and law play in these negotiations, (v) to give students experience in drafting communications, and (vi) to provide negotiating experience in a context that replicates actual legal practice. This course will also give participants the opportunity to work across cultures with students from a different country.

NOTE: this class has been taught via Zoom multiple times since March 2020, including with Tel Aviv University, and the Zoom experience is substantially equivalent to the in-person class (albeit without the travel). In addition, the Zoom experience is an introduction to the future of law practice, as many negotiations will continue to be conducted via online platforms.

The course will begin with three introductory sessions focused on understanding and analyzing the facts, identifying substantive legal issues, and developing negotiation objectives and strategy in preparation for the negotiation exercise.

The class will engage in five days of face-to-face Zoom negotiations with the counterpart class from Tel Aviv University as well as participate in separate discussion and strategy sessions in breakout rooms. These classes will be held January 3 through Jan 8. (NOTE: In Israel, Sunday is the first day of the week). We will also schedule various social sessions with the TAU students and possible other activities TBD. A final debrief session will be held on January 8th.

The 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 to prepare 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 the negotiations, and policy matters that impact the negotiations.

Applications are in the Supplemental File at the end of the course description, and are due November 2nd.

Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency.


Real-time attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.


Requirements Satisfaction:


Units from this class count towards the J.D. Experiential Requirement.


Exam Notes: (P) Final paper  
Course Category: Simulation Courses
This course is listed in the following sub-categories:
Business Law
International and Comparative Law

The following file is available for this course:

Supplemental File

If you are the instructor or their FSU, you may edit your files on this page.

Readers:
No reader.

Books:
Required Books are in blue

  • Negotiating Business Transactions: An Extended Simulation Course
    Daniel D. Bradlow and Jay Gary Finkelstein
    Edition: 2nd Edition (2018)
    Publisher: Wolters Kluwer
    ISBN: 9781454888451
    e-Book Available: No
    Copyright Date: To Be Determined
    Price: $92.00
    Price Source: user provided

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