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Negotiation Ethics for Lawyers: Dealing with "Next Level" Negotiation Tricks and Bad Faith Tactics


Level: Intermediate
Runtime: 120 minutes
Recorded Date: October 10, 2024
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Agenda

  • Identify “Next Level” Negotiation Tricks and Bad Faith Tactics
  • Review Ethics Rules that Apply to Lawyer Negotiators
  • Discuss Negotiation Techniques and Strategies to Help You Respond

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

In the next installment in this popular series, Zach McGee takes it to the “next level” with an analysis of the sorts of negotiation tricks and bad faith tactics that sophisticated parties often use to try to obtain an advantage in negotiations. Using a hypothetical negotiation between lawyers, the speakers will describe and analyze some of these “next level” negotiation tricks and bad faith tactics, including: Lying about company policy; Lying about other deals; Anchoring; Co-opting the other side’s negotiator; and Nibbling. Along the way, this program will teach you some powerful negotiation techniques and strategies that you can use to ethically respond when the other side is using these sorts of negotiation tricks and bad faith tactics against you. The program will include a review of the key ethics rules that apply when lawyers act as negotiators as well as some useful negotiation techniques and strategies. Rules covered include: ABA Model Rules 1.1, 4.1 & 8.4; ABA Formal Ethics Opinion No. 06-439

Provided By

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Panelists

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Zachary S. McGee

Senior Vice President, Business Affairs
Sony Pictures Entertainment

Zach McGee is Senior Vice President, Business Affairs, for Sony Pictures Entertainment in Culver City where he leads worldwide business affairs for Sony’s home entertainment division. Before moving to Sony, Mr. McGee was the Senior Vice President, Head of Business & Legal Affairs at Miramax, a leading independent film and television studio.

Before joining Miramax, Mr. McGee was a Vice President, Legal Affairs, with NBC Universal, Inc. Prior to moving in-house, Mr. McGee was an associate with Davis Polk. He clerked for the Honorable Michael B. Mukasey, Chief Judge, United States District Court for the Southern District of New York.

Mr. McGee is a magna cum laude graduate of Harvard College and Harvard Law School, and he received his Masters of Business Administration from the UCLA Anderson School of Management.

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