Law Schedule of Classes

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

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

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

Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person


W 6:25 PM - 9:05 PM
Location: Law 244
From August 18, 2021
To November 19, 2021

Sa 10:30 AM - 1:30 PM
Location: Off Campus
From October 09, 2021
To October 16, 2021

Th 7:30 PM - 10:30 PM
Location: Off Campus
On 2021-10-21

Sa 10:30 AM - 1:30 PM
Location: Off Campus
On 2021-10-30

Sa 10:30 AM - 2:30 PM
Location: Off Campus
On 2021-11-13

Course Start: August 18, 2021
Course End: November 19, 2021
Class Number: 31332

Enrollment info:
Enrolled: 19
Waitlisted: 0
Enroll Limit: 19
As of: 01/25 05:06 PM

The course is structured around a simulated negotiation exercise that will cover the entire Fall semester in which the students in this class will represent an African agricultural production company (Malundian Cassava Corporation) and the students in a similar class at Stanford Law School will represent a US pharmaceutical company (KJH Pharmaceutical Corporation).

The two companies are interested in working together to exploit a new technology developed by KJH Pharmaceutical (KJH) that uses the cassava produced by Malundian Cassava Corporation (MCC). The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract.

The negotiations will take place through written exchanges and through live negotiations, which will be conducted both in person (four sessions) and via videoconference/Zoom or teleconference (one session). All negotiation sessions will be held at the offices of DLA Piper in San Francisco. These classes will be held on Saturday, October 9th, 16th, and 30th 10:30AM-1:30PM, Thursday, October 21 7:30PM-10:30PM and Saturday November 13th 10:30AM-2:30PM.

The purpose of the course is to provide students with an opportunity to:
> Experience the sequential development of a business transaction over an extended negotiation, and to study the businesses and legal issues and strategies that impact the negotiation
> Gain insight into the dynamics of negotiating and structuring international business transactions
> Learn about the role that lawyers and law play in these negotiations
> Give students experience in drafting communications and an introduction to elements of drafting business contracts
> Provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party (here, the students at Stanford).

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 regarding the written exchanges between KJH and MCC and 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 negotiation.

As the Stanford class starts later than the Berkeley class, there is usually time for some in-class negotiation simulations between the Berkeley Law students.

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: (None) Class requires a series of papers, assignments, or presentations throughout the semester
Course Category: Simulation Courses
This course is listed in the following sub-categories:
Business Law
International and Comparative Law

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