International Dealmaking: Vienna Field Negotiation

This course is structured around a week-long, simulated negotiation exercise which provides an in-depth study of the structuring and negotiating of an international business transaction. This class will be taught in counterpart with a class at University of Vienna Law School. Students in this class will represent a U.S. pharmaceutical company, and the students in the class at Vienna will represent an African agricultural production company. The two companies are interested in working together to exploit a new technology developed by the pharmaceutical company that uses the cassava produced by the African agricultural production company. The form of their collaboration could be a joint venture, a licensing agreement or a long-term supply contract, or some combination. The negotiations between the two classes will take place through written exchanges and through real-time negotiation which will be conducted in-person. 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 professional and cultural 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. Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements. 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 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. The course will be limited by consent to eight (8) students. Prerequisites: A course in basic negotiations (e.g., Law 7821) or comparable prior experience is recommended. Elements used in grading: Class participation, written assignments and final paper. There will be two preparatory sessions at Stanford during February and March 2018. Students in the class will travel to Vienna on or before Saturday, March 24th. Class sessions will begin on Sunday afternoon, March 25, and continue all day Monday, March 26 through Wednesday, March 28th. [Cultural tour and closing dinner on Thursday, March 29th, and depart for USA on Friday, March 30th.]