International Business Negotiations (Finkelstein/Jacobs)
Faculty
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| Jay Finkelstein Lecturer in Law jay.finkelstein@dlapiper.com |
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| Lisa R. Jacobs Lecturer-in-Law ljacobs@stradley.com |
Additional Information
Experiential CourseYes
Skills Training
Oral Presentations
Team Projects
Drafting Legal Documents
Other Professional Skills: Negotiation skills, transaction structuring analysis.
Grading
40% Participation,
30% Paper,
30% Other ("Other" refers to the contemporaneous diary to be maintained by students. The final paper is focused on broader topics of international business negotiations and may incorporate illustrations or retrospective aspects from the simulation (suggested topics to be circulated in class) . )
No
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.
- If you miss a class due to illness or other unavoidable circumstances, please contact us. If Penn has recorded the class, then that recording will be available. If Penn has not recorded the class, then other video content may be available, along with the PowerPoint presentations that were used in class.
Meeting Times/Location
W 4:30PM - 6:30PM
Silverman Hall 245A
Category
Upper-Level
Credits
3.0
This course is an experiential, collaborative course structured around a simulated negotiation exercise that will cover the entire semester in which the students in this class will represent a US pharmaceutical company (KJH Pharmaceutical Corporation) and the students in a similar class at UVA Law School will represent an African agricultural production 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, a licensing agreement or a long-term supply contract. The negotiations will take place through weekly written exchanges and via five (5) 3-hour video-conference negotiating sessions. Video negotiations will be held on campus, with the UVA team participating via Zoom or other technology platform.
The course aims to provide students with an introduction to transactional law and facilitate an opportunity for them to (i) experience the sequential development of a business transaction over an extended negotiation, (ii) study the business and legal issues and strategies that impact the negotiation, (iii) obtain insight into the dynamics of negotiating and structuring international business transactions, (iv) learn about the role that lawyers and law play in these negotiations, (v) gain experience in drafting communications, and (vi) engage in a negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party (here, the students at UVA).
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 on the negotiations.
NOTE: In addition to the 2-hour Wednesday classes, this class will have five (5) Thursday evening sessions devoted to the live negotiations with UVA: Video conference sessions: February 8, 15, 22, 29 and March 14.
ATTENDANCE: ATTENDANCE IS MANDATORY. FAILURE TO ATTEND THE FIRST CLASS WITHOUT PRIOR NOTICE AND CONSENT WILL CAUSE STUDENT TO BE DROPPED FROM THE COURSE. ANY SCHEDULE ISSUES REQUIRE BOTH NOTICE/CONSENT OF INSTRUCTORS.
WEATHER ADVISORY: DUE TO THE COORDINATION WITH THE COUNTERPART CLASS, THIS CLASS DOES NOT CANCEL EVEN IF PENN IS CLOSED. IN THE EVENT OF A WEATHER CLOSING, THIS CLASS WILL BE HELD VIA CONFERENCE CALL DIAL-IN OR ZOOM. IF THAT IS NECESSARY, CONFERENCE CALL INFORMATION WILL BE PROVIDED VIA EMAIL.
Assignments for the first class are noted in the syllabus.
COURSE REQUIREMENTS:
In order to successfully complete this class, students must meet the following requirements. See syllabus for more extensive description.
1. Active participation in class discussions, negotiations, and analysis of the negotiations. 40% of grade.
2. Keep a diary of the student's impressions of the process, strategy and progress of the negotiations. Each diary entry will be 1-2 pages, and each student will prepare three diary entries following three assigned negotiations. 30% of grade
3. A final paper (topics to be circulated in class) of approximately 10 pages. 30% of grade
Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
International Corporate and Trade Law
Textbooks
"Negotiating Business Transactions: An Extended Simulation Course" by Daniel D. Bradlow and Jay Gary Finkelstein |