Eat First, Negotiate Later! (And Other Overlooked Negotiation Tips)

Posted: November 14th, 2018

By: Joe Campolo, Esq. email

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Before you take your seat at the negotiation table, invest some time at the breakfast table.


That’s the takeaway from research conducted at Cornell University (reported by the Harvard Program on Negotiation) that suggested people feel a greater sense of entitlement when they are hungry vs. when they are not. (The study defined “entitlement” as “the sense that one is more deserving of positive outcomes than other people are.”)

In the first experiment, researchers asked students questions as they were either leaving or entering a college dining hall. Those who had not eaten lunch yet supplied more “entitled” responses such as “I honestly feel I’m just more deserving than others” and “People like me deserve an extra break now and then.” In the next experiment, undergraduates were shown to one of two rooms, one of which smelled like pizza. Those exposed to the smell of pizza reported being hungrier than the students in the scentless room, and their subsequent answers to questions on a personality test demonstrated a greater sense of entitlement.

It’s no surprise that food (or lack thereof) would have such a strong impact on the negotiation process. After all, there’s a reason that the Oxford English Dictionary added the word “hangry” (“bad-tempered or irritable as a result of hunger”) to its 2018 update. Surely, we’ve all experienced the crankiness that a too-long phone call or meeting causes when we’re starving. But in the context of an important negotiation, the impact can really be devastating. A sense of entitlement (whether from being hungry or any other reason) can tear a negotiation apart by limiting a negotiator’s ability to see other perspectives and find win-win solutions. With so many ways a negotiation can derail based on the actual details, it would be foolish to set yourself up to fail due to being “hangry.”

“Eat before you negotiate” may sound trivial, but it’s part of a larger point: the stakes in a negotiation are just too high to wing it. As I’ve previously blogged about, preparation in negotiation is critical. Fleshing out the issues, doing your homework, creating a list of possible outcomes, determining your BATNA and, yes, eating properly beforehand to put yourself in the best possible frame of mind are all vital. With the holiday season upon us, no complaints here!

Power in Negotiation: Why You Need It and How to Get It

By: Joe Campolo, Esq. email

Published In: HIA-LI Reporter

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pow·er
/ˈpou(ə)r/
noun
the capacity or ability to direct or influence the behavior of others or the course of events

Negotiation research is a real thing – and this evolving area of study is fascinating. Recent research has revealed not only some of the key ways that channeling power makes negotiators more effective, but also that attaining that power in the first place is within any negotiator’s reach.

After analyzing negotiation research from around the world (sounds like my dream job), the Program on Negotiation at Harvard Law School recently outlined four of the critical ways that power impacts negotiations:

  1. Power Prompts Action. Power, whatever its source, pushes negotiators to be more proactive throughout their negotiations – whether it’s making the first offer, deciding to negotiate a received offer rather than accept it as-is, or working through an impasse. (Not coincidentally, these qualities not only benefit the “powerful negotiator” but also his or her adversary, who can also enjoy the more creative win-win solutions often uncovered by such persistence.)
  1. Power Prompts Risk-Taking. Berkeley professor Cameron Anderson’s research has shown that psychological power pushes people to think more creatively about problems and resist the constraints of their adversary’s position. “Powerful” negotiators worry less about potential dangers and focus more on potential payoffs (the “act first, apologize later” mentality) – freeing them to take risks that often reap rewards in negotiation.
  1. Power Is Protection. No one enjoys being on the receiving end of a scream-fest, but negotiators who feel powerful are less influenced by their adversary’s displays of anger than those who feel powerless (and thus too quick to make concessions just to bring an end to an unpleasant interaction). University of Amsterdam researcher Gerben Van Kleef found that the other side’s anger barely registered for the more powerful negotiators, who maintained focus on their own interests and made concessions only to reach a deal, not to end an ugly situation.
  1. Power Prompts Perspective…If You Let It. In fact, research has shown that the more powerful a negotiator feels, the less perspective he or she has into the other side’s point of view – and of course, being able to empathize and understand your opponent’s perspective is critical to achieve a good result. The key is marrying power with perspective to enjoy the benefits of both. “Perspective taking” may not come easily to the “powerful” negotiators among us, so make a point to focus on it.

So, the benefits of power in negotiation are clear, but how do you get it? Negotiation research has revealed that power has everything to do with psychology. The Program on Negotiation identifies power as stemming from three sources:

  1. A Strong BATNA (Best Alternative to a Negotiated Agreement) – You could show up to the negotiation table naked (and afraid) and still achieve power by having a strong alternative to your desired scenario. A solid Plan B empowers you to walk away if the negotiation goes south. It’s all about preparation.
  1. Role/Position – The semantics of titles in today’s workplace is a subject for another day, but many negotiators derive power simply from their high rank or title. If you’ve got it, flaunt it if the situation warrants it.
  1. Psychology – The phrase “Fake it til you make it” comes to mind here. If you feel that you’re powerful, you will be more powerful during the negotiation, according to research by Stanford University’s Deborah Gruenfeld, along with Adam D. Galinsky and Joe C. Magee. If you need a boost, think back to an experience that made you feel good about yourself and channel that feeling into this negotiation.

If you focus on building your power from as many sources as possible, you can help steer any negotiation your way. At a minimum, before entering into any negotiation, make sure to focus on these three sources to help increase your power.
For further reading, check out the Program on Negotiation’s blog here and look back at my prior posts about BATNA, preparation, empathy, and psychology.

A Word of Caution with Use of Olympic Marks

Posted: July 25th, 2024

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With the upcoming arrival of the 2024 Summer Olympics Games, a friendly reminder to all Olympic enthusiasts that any unauthorized commercial use of the Olympic trademarks, logos, images, or symbols is prohibited. Because the United States Olympic & Paralympic Committee (“USOPC”) does not receive government funding to support its athletes, the USOPC has broad discretion to vigorously enforce its intellectual property.

Federal law gives the USOC exclusive rights to the symbol of the five interlocking rings, the Olympic flame and torch, and to the words, inter alia, “Olympic,” “Olympiad,” “Team USA,” “Paris 2024,” “Los Angeles 2028.” The statute is further extended to prohibit any advertising that tends to suggest a connection with the Olympics or the USOPC. The USOPC’s rights, however, are limited to situations where these words or symbols are used (1) to offer goods or services for sale; or (2) to promote a theatrical exhibition, athletic performance, or competition. In addition, it does not include trademarks or logos owned by the National Governing Body for specific sports.

Moreover, the USOPC holds trademark rights to Olympic-related words, images, and symbols. Section 43(a) of the Lanham Act prohibits the use of trademarks when they (1) are likely to deceive or create a false impression of affiliation or endorsement; or (2) misrepresent in advertising certain aspects of the product.1 Unauthorized use of the trademarks could subject a user to possible claims of false endorsement or affiliation, which operate separately from USOPC’s exclusive statutory rights. Although there are certain exceptions to infringement based on fair use, news reporting, news commentary, or any noncommercial use, the USOPC is not afraid to object to the use of its trademarks by a non-licensed party.

Creative marketers have attempted by “ambush marketing” to find a route around USOPC’s rights by creating advertising materials with some Olympic flavors without using the protected marks. For example, by taking photographs of national flags or competing athletes; by advertising near event locations; adopting themes and color palettes similar to the event; and real-time social media marketing. Such imagery could be eye-catching to consumers; however it is only acceptable if the attempts are not in violation of any anti-ambush marketing laws.

One instance of piggybacking off Olympic sponsors was when Michael Phelps, the face of the Olympics, began appearing in Subway commercials. Subway, not an Olympic sponsor, ran a commercial featuring Michael Phelps swimming to “where action is this winter.” The USOPC characterized the ad as “ambush marketing” and an attempt to falsely associate Subway with the Olympics as a sponsor. Another famous example of capitalizing on real-time events with media marketing arose during the 2013 Super Bowl, when after a power outage at the Superdome, OREO cookies seized the opportunity by tweeting the message “Power Out? No problem” which was accompanied by an ad showing a single, starkly lit OREO cookie beside the caption, “You can still dunk in the dark”. The tweet quickly went viral allowing OREO to capitalize on the event without being an official sponsor.

In short, the USOPC has a reputation for aggressively policing their exclusive rights to certain words, phrases and symbols, and they have a special federal law to back them up. Be cautious of the use of Olympic trademarks by knowing and understanding where the boundaries are. If you’re thinking of advertising your business with an Olympic-themed promotion, you might want to find another Gold Medal-winning strategy.

Click here for additional information on the USOPC’s logos.

1.15 U.S.C.S. § 1125

The information contained in this article is provided for informational purposes only and is not and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship.