International Business Negotiations

B620 is taught by J. Finkelstein

This one-credit course is structured around a simulated negotiation exercise in which students from Indiana University Maurer Law School (IND) and the Baltic Federal University Summer Law School Program (BFU) will represent either an African agricultural production company (Malundian Cassava Corporation) or a multinational (US) pharmaceutical company (KJH Pharmaceutical 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 written exchanges and live negotiations.

The purpose of the course is to provide students with an opportunity (i) to gain an introduction to transactional law and 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 with an unfamiliar opposing party (here, the students at BFU). Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements, and licensing agreements. 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 classes focused on understanding and analyzing the facts, identifying substantive legal issues, and developing negotiation objectives and strategy in preparation for the negotiation exercise with BFU.

The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, often working in teams of two or more, to prepare for class discussions involving the written exchanges as well as 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 negotiations.

T, Aug. 17: 6:30-9:30 pm

W, Aug. 18: 6:30-9:30 pm

F, Aug. 20: 8:00-9:40 am (negotiation session)

S, Aug. 21: 8:00-10:00 am (negotiation session)

M, Aug. 24: 8:00-9:40 am (negotiation session)

T, Aug. 25: 8:00-9:40 am (negotiation session)