Law Schedule of Classes

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245.9 sec. 001 - International Business Negotiations (Fall 2022)

Instructor: Jay Gary Finkelstein  (view instructor's teaching evaluations - degree students only | profile)
Instructor: Joe Sorenson  (view instructor's teaching evaluations - degree students only)
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Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person


W 6:25 PM - 9:05 PM
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From August 24, 2022
To November 30, 2022

Sa 10:30 AM - 1:30 PM
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On 2022-10-08

Sa 10:30 AM - 1:30 PM
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On 2022-10-15

Sa 10:30 AM - 1:30 PM
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On 2022-10-29

Sa 10:30 AM - 2:30 PM
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On 2022-11-05

Th 7:00 PM - 10:00 PM
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On 2022-10-20

Course Start: August 24, 2022
Course End: November 30, 2022
Class Number: 31459

Enrollment info:
Enrolled: 11
Waitlisted: 0
Enroll Limit: 18
As of: 02/17 06:39 AM

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 Corporation that uses the cassava produced by Malundian Cassava Corporation. 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. Each of the negotiation sessions will be conducted by a team of approximately 6 students, but all students attend all negotiation sessions.

In addition to the regular weekly class sessions, negotiation sessions (with Stanford) will meet on the following four Saturdays in San Francisco at the offices of DLA Piper: Oct. 8, 15, 29 (all 10:30 AM - 1:30 PM), and Nov. 5 (10:30 AM - 2:30 PM) . In addition, there will be one Thursday evening negotiation session on October 20 (7:00-10:00 PM).

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, and
• provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party (here, the students at Stanford representing KJH).

The thrust of this course is class participation and active involvement in the negotiation process. Students are expected to attend all classes and spend time outside of class, working in teams, to prepare for class discussions regarding the written exchanges and the preparation for the live negotiations. The negotiations are serial, building on the preceding negotiation sessions, enabling students to experience the evolving nature of a business transaction. 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. Our class time will be divided between lecture and substantive discussions.

Attendance at the first class 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.

TEXTBOOK: D. Bradlow and J. Finkelstein, “Negotiating Business Transactions” (3rd Edition, 2022, Wolters Kluwer)
Materials for the first class are noted in the syllabus and must be read prior to the first class.

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 three 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 at specified times during the semester; 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 approximately two weeks following the last class.

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) 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

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