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 2022)

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:

MTuW 09:00 AM - 12:00 PM
Location: Internet/Online
From December 20, 2021
To December 22, 2021

MTuWSu 07:00 AM - 1:30 PM
Location: Internet/Online
From January 02, 2022
To January 05, 2022

Th 07:00 AM - 11:00 AM
Location: Internet/Online
On 2022-01-06

F 09:00 AM - 11:00 AM
Location: Internet/Online
On 2022-01-07

Course Start: December 20, 2021
Course End: January 07, 2022

Enrollment info:
Enrolled: 16
Waitlisted: 0
Enroll Limit: 16
As of: 07/19 11:58 AM


THIS CLASS WILL BE HELD ON SPECIFIED DATES BETWEEN DEC 20 - JAN 7 AND DUE TO CONTINUED TRAVEL RESTRICTIONS WILL BE CONDUCTED VIA ZOOM. THE CLASS WILL BE COMPLETED (except the final paper) DURING THE DATES SPECIFIED.
In the absence of travel, various cultural events will be arranged. Last year we had a virtual cooking class with an Israeli chef, a virtual tour of Jerusalem with the tour guide that we use when we are able to travel, and a speaker who focused on the introduction of new technologies in Africa.

ENROLLMENT IN THIS CLASS IS BY APPLICATION. THERE WILL BE AN IN PERSON INFORMATIONAL MEETING ON OCTOBER 27, 12:50 - 2:00, IN ROOM 132 FOR INTERESTED STUDENTS TO LEARN ABOUT THE CLASS AND OBTAIN THE APPLICATION (which can also be requested by email to jay.finkelstein@dlapiper.com). Students who are not able to attend in-person can attend via Zoom:

https://berkeley.zoom.us/j/93314041662?pwd=d05NTXNmRFYra0FHbVV0cW5hdzFPQT09

THE CLASS IS LIMITED TO 16 STUDENTS. THERE WILL BE THREE THREE-HOUR PREPARATORY SESSIONS HELD ON DECEMBER 20, 21 AND 22 (VIA ZOOM). ATTENDANCE AT THESE CLASSES IS MANDATORY. Questions should be directed to the instructor at jay.finkelstein@dlapiper.com.

This course is structured around a simulated negotiation exercise in which the students in this class will represent a multi-national 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). 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.

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 then engage in five days of live, face-to-face negotiations (via Zoom) with the counterpart class from Tel Aviv University as well as participate in separate discussion and strategy sessions during those days. The negotiation classes will be held January 2 through January 6. January 7th will be used to conclude the class after negotiations (NOTE: In Israel, Sunday is the first day of the week).

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.

Attendance at the first class in December is mandatory for all enrolled students; any enrolled students who are not present at the first day of class without prior permission of the instructor will be dropped from the class.

COURSE MATERIALS:
TEXTBOOK: D. Bradlow and J. Finkelstein, “Negotiating Business Transactions” (2d Edition, 2018, Wolters Kluwer)
Materials for the first class are noted in the syllabus and must be read prior to the first class.

COURSE REQUIREMENTS:
In order to successfully complete this course, students must meet the following requirements:
1) Active participation in
(i) class discussions regarding the preparation of the written exchanges in the negotiation
(ii) the live negotiations
(iii) class analysis of the process and progress of the negotiations.
(iv) the preparation (working in teams) and discussion (with class) of written communications incorporating the class’s positions on issues.
2) Write two short “journal entries” (as assigned) following the live negotiation sessions reflecting the student’s assessment and evaluation of (and lessons learned from) the preparation for, conduct of, and progress of, the negotiation, principally from a personal perspective. Diaries will be due on January 12, 2022 More details will be provided in class.
4) Write a 10-12 page retrospective paper after the conclusion of the course. More detailed instructions will be provided in class. The paper will be due on February 11, 2022.

Grading is based on class participation (50%), the journal entries (20%), and the paper (30%).


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) may be dropped without notice. The instructor can 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 risk being dropped without notice.


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

If you are the instructor or their FSU, you may add a file like a syllabus or a first assignment to this page.

Readers:
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Books:
Required Books are in blue

  • Negotiating Business Transactions
    Bradlow
    Edition: 3rd
    ISBN: 9781543840308
    e-Book Available: Yes
    e-Book procurement note: https://www.aspenpublishing.com/BradlowFinkelstein-NBT3
    Copyright Date: To Be Determined
    Price: $115.00
    Price Source: user provided

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