• 3 Counter-Intuitive Negotiation Tricks

    When negotiating, we often follow our instincts and intuition. However, negotiation as a discipline is often counter-intuitive. Best practice suggests that we often go against our instincts and follow behaviors which at first pass do not seem to be appropriate to the desired outcome. A recent article posted on the Forbes Leadership Forum on forbes.com entitled Three Tricks That Make Negotiations Work by Richard Shore discusses three not-so-obvious strategies that seem counter-intuitive, yet make perfect sense. 1. Don’t look at the person who is talking; look at the people who are listening. In group settings, people naturally tend to focus on the ...

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    Sunday, February 09th, 2014

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  • January 2014 Legal Brief – Firm Newsletter

    January 2014 Legal Brief – Firm Newsletter

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    Friday, January 31st, 2014

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  • Non-Disclosure Agreements – A Lesson to Be Learned

    A non-disclosure agreement (NDA) is typically used between companies to protect confidential information during a potential transaction. Every NDA, however, is different. The specific terms and provisions in the NDA determine whether your trade secrets would be protected upon disclosure. Accordingly, each NDA should be tailored and specific to the transaction. A recent case decided by the Federal Circuit Court of Appeal demonstrates that special attention needs to be given to an NDA. The Convolve v. Compaq and Seagate litigation involved a misappropriation of trade secret dispute between Convolve, the owner of certain intellectual property, and Compaq and Seagate. Although the ...

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    Saturday, January 18th, 2014

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  • A Letter To Your Family

    So it’s the new year and you’ve promised yourself that you’re going to get your estate plan done. But having your documents in order is only part of a good estate plan. What you need to do along with that is to prepare a letter that will help your family settle your affairs. You need to let them know what they need to do after you have died. Usually, what’s in this letter is more of a personal statement than actual written instructions and therefore not normally included in a legal document. But what you put in this letter should be ...

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    Saturday, January 18th, 2014

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  • Supreme Court to Hear Case Challenging the Face of Broadcast Television

    Just about the only thing that the broadcast networks and the founders of Aereo—a service that sells live television programming online—can agree on is that the technology will fundamentally change the broadcast network business. On January 10, 2014, the Supreme Court agreed to hear the dispute between television broadcasters and Aereo, a New York-based technology start-up that distributes broadcast signals through a network of small antennas in a “cloud,” allowing subscribers to record shows on the remote DVR and watch live and recorded programming from their mobile devices. The growing service is currently available in 10 cities for a monthly fee of ...

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    Saturday, January 18th, 2014

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  • Around the Appellate Bench: Part 2

    There have been several interesting Appellate Court decisions in the past couple of months touching on a variety of issues. Cases discussing actual partial eviction, successor landlord liability and a tenant’s failure to timely cure an alleged default are discussed below. In Croxton Collaborative Architects, P.C. v. T-C 475 Fifth Avenue, LLC,1 a commercial tenant sued its successor landlord alleging it was damaged because defendant landlord failed to remediate the “derelict” and “war-torn appearance” of the premises, which was caused by renovation work commenced by the prior landlord, in breach of the lease. Plaintiff commenced the action approximately five months after ...

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    Thursday, January 09th, 2014

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  • Teaching Doctors the Art of Negotiation

    With recent health care changes, specifically the Affordable Care Act, negotiation skills will be tremendous value to medical professionals, administrators, and other stakeholders in the health care sector. Recognizing the importance of negotiation, medical schools are starting to invest in communication training for students. A recent article by Dhruv Khullar in the NY Times Health Blog, Teaching Doctors the Art of Negotiation discusses how doctors negotiation on a daily basis, with both patients and colleagues and should be offered classes in negotiation training just as law, business and public policy schools do. In this context, “negotiation is about exploring underlying interests and ...

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    Thursday, January 09th, 2014

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  • December 2013 – Firm Newsletter

    December 2013 - Firm Newsletter

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    Saturday, December 28th, 2013

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  • Now That You Have A Will, Where Should You Put It?

    Well, it’s about that time for New Year’s resolutions. Hopefully one of them is to do a Will. But once you do the Will, where do you put it? A safe deposit box seems like the perfectly logical place to store a Will and other estate planning documents. They are probably the most important documents you will ever have, so shouldn’t they be kept in the safest place?But is it a safety deposit box the best place? Or should you keep it in a fireproof safe in your home? With your lawyer? The court? Or somewhere else altogether? One thing that ...

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    Wednesday, December 18th, 2013

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  • A Word of Caution with Use of Olympic Marks

    With less than two months until the start of the 2014 Winter Olympic Games, it is important to keep in mind that any unauthorized commercial use of the Olympic trademarks, logos or symbols is prohibited and will be enforced vigorously by the U.S. Olympic Committee (USOC). Federal law gives the USOC exclusive rights to the symbol of the five interlocking rings, the Olympic flame and torch, and to the words “Olympic,” “Olympiad,” “Team USA,” and “Sochi 2014,” among others. The statute is further extended to prohibit any advertising that tends to suggest a connection with the Olympics or the USOC. The ...

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    Tuesday, December 17th, 2013

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Fred Eisenbud