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3/2/2014 5:20:25 PM
Book Review: Betting the Company: Complex Negotiation Strategies for Law and Business
Review Betting the
Company: Complex Negotiation Strategies
for Law and Business by Andrew Trask & Andrew DeGuire; Oxford
University Press, 2013.
Life is negotiation.
Whether negotiating something as simple as whether to have that second
donut for breakfast, negotiating a work deadline, deciding with your colleagues
where to eat for lunch or negotiating your salary, we are all faced with daily
decisions that must be negotiated, both simple and more complex. In business transactions and litigation, however,
negotiations can become extremely complex with multiple entities, conflicting
personalities, cultural differences, short timelines and a wide variety of
issues and problems to be solved. It can
be extremely difficult for a company or business team to juggle these many
moving parts to come to a resolution that is beneficial for all parties and in
which each party feels they got what they most wanted in a deal. It can take years to master the craft of successful
complex negotiation. In Betting the Company: Complex Negotiation Strategies for Law and
Business, authors Andrew Trask and Andrew DeGuire, both highly
knowledgeable consultants and negotiators with over 30 years of combined
experienced, attempt to tear apart the myriad pieces of complex negotiations to
help the reader recognize the key parts and best methods for overcoming difficult
negotiations to achieve the best results.
Rather than creating a work that should be read from
cover-to-cover, the authors have split the book into two distinct parts with
chapters further broken down into distinct elements. It is designed to allow the reader to easily
identify specific negotiation issues to help them in dealing with problems they
might encounter in their own negotiations.
The first part identifies the various elements of complex negotiation
and offers practical suggestions for dealing with the problems and issues
related to these elements. The second
part offers a framework for conducting different types of complex negotiations. It includes discussion of multi-national regulatory
and intercultural issues as well as the importance of proper intelligence
gathering and analysis.
While quite thorough in covering the topic with several
practical, real-world examples to illustrate the elements being described, it
could have used more. Unless the reader
is already well-versed in complex negotiation (making this book unnecessary),
it is important to give the novice and intermediate negotiator stories to
assist in making connections which will help them better understand this
This book would be a helpful addition to a business or law
firm library collection, especially for those who are either new or
inexperienced negotiators. It can be an
excellent tool for an experienced law firm partner to give to a young associate
or for a senior executive to pass on to a new team member to bring them up to
speed on specific negotiation issues without forcing them to read the whole
book. (Having read the book start to
finish, I can verify that it is a slog and not something that is easy to read
cover-to-cover, even at only around 300 pages.
It is best digested in discreet bits as the authors intended.) In addition, it can be an important reminder
to experienced negotiators of the many moving parts involved in a negotiation
so they can avoid pitfalls and offer guidance to less-experienced associates.
Though we all faced negotiation on a daily basis, it is rare
for most people, beyond extremely experienced practitioners, to deal with
complex negotiations. On those rare
occasions, Betting the Company is a
beneficial tool for understanding and effectively dealing with the issues inherent
in closing complex deals.
Posted By 3/2/2014 5:20:25 PM
2/25/2014 3:30:40 PM
Book Review: Law Librarianship in the Digital Age
Law Librarianship in the Digital Age, edited by Ellyssa Kroski, 2014, Scarecrow Press, 514 pages. $125.00 (hardback); $75.00 (paperback); 74.99 (e-book).
I am very excited about this book, which I was asked to review specifically from a law firm librarian’s perspective. Law Librarianship in the Digital Age pulls into one place introductory information on almost every topic about which a law firm librarian might be curious. The authors, many of whom are considered thought leaders in the field, work in or have experience in every sector of legal librarianship. In some chapters, private law librarians team up with academic or government or subscription librarians to round out a topic’s breadth and depth. Where a topic is mainly of interest to non-law-firm librarians, the authors and editors were careful to include a section or sections discussing its application to law firms.
Just a few of the many chapters in this book that may be of particular interest to law librarians in law firms include: Law Librarianship 2.0 (by Jennifer Wertkin), Law Library Management (by Camille Broussard, Ralph Monaco and Gitelle Seer), Copyright in the Digital Age (by Kyle K. Courtney), The Cloud (by Roger Vicarius Skalbeck), Electronic Resources Management and User Authentication (by Catherine M. Monte), Competitive Intelligence (by Jennifer Alexander and M.T. Hennessey), and Getting the Most from Major Associations, Publications, and Conferences (by Holly M. Riccio). The introduction by Jean O’Grady sets the stage for this collection of works addressing the mind-boggling number of roles we now fill. She states, …the externals of librarianship have been wildly transformed. But the core mission of the profession—matching people to knowledge—remains intact and drives a vision of the future….(p. xi).
In addition to pulling together introductory information on current topics, Law Librarianship in the Digital Age has helpful bibliographies at the end of every chapter for law firm librarians who wish to delve further into a topic, but who may not have time to collect disparate resources. Topics are also treated thoroughly. For example, the chapter by Jennifer Alexander and M. T. Hennessey on competitive intelligence (CI) includes both an overview of what CI is and is not, and in-depth treatment of the topic. Areas covered in depth include: The CI research process; CI tools and techniques (e.g., KITS, SWOT, PEST & PESTLE, and Porter’s Five Forces); and key CI tools such as company reports. The section covering staffing a CI function discusses the advantages and disadvantages of staffing a CI research position with a law librarian. Advantages include the librarian’s training in online databases and reference work; disadvantages include the potential absence of data analysis and packaging in the librarian’s experience.
The chapter on web-scale discovery and federated search by Valeri Craigle presents a fair-minded discussion regarding the benefits and drawbacks of implementing web-scale discovery platforms. Though geared primarily for an academic audience, I found Ms. Craigle’s chapter food for thought regarding tailoring the research experience to a user’s needs, and recognizing when more is less, and less is more. In other words, some users require us to assist them in narrowing their results, while others require a broadening of their results. This is true regardless of the type of research a patron is conducting or the format the patron is using (i.e., print or electronic), and is one of our greatest challenges, particularly now due to the overwhelming amount of available information.
I read through many other chapters in this book and found that the quality of editing throughout was superb, the bibliographies were thoughtfully constructed, the book was extremely timely, and the writing and organization were clear and helpful. The table of contents is thorough and serves as a handy checklist of our issues. The only flaw I found in the book was that the spine on my paperback review copy broke in a week. However, this may be more a testament to the book’s usefulness than to its production quality. Well-written and comprehensive in coverage, the book is engaging for both the merely curious and those in need of step-by-step instructions for implementing a change in their library’s services or infrastructure. I highly recommend Law Librarianship in the Digital Age for any law librarian.
© Heidi W. Heller, 2014. Director, Research & Information Resources, Schnader Harrison Segal & Lewis LLP, Philadelphia, Pennsylvania, firstname.lastname@example.org.
Posted By 2/25/2014 3:30:40 PM
2/24/2014 12:23:11 PM
Book Review: Edward and Lane on European Union Law
David Edward and Robert Lane. Edward and Lane on European Union Law. 2013. Edward Elgar. 1,200pp. £250.
This impressive tome provides a solid option for a treatise on European Union law. The book covers the legal history of the EU, its institutions, and all areas of substantive law provided by the EU treaties. Each chapter begins with a table of contents for that chapter, a very thoughtful aid for the reader. The text is heavily footnoted, and the volume has a complete index and tables of treaties, cases, and legislation cited.
The discussion is thorough and, thankfully, not as dry as one finds in many treatises. The EU has gone through a few iterations as new governing treaties are adopted and new members join. The author is careful to provide historical background and clearly indicates how each treaty changed an institution or legal rule. The book includes several annexes; especially helpful are a note on the reporting of judgments of the European Court of Justice and a table showing where equivalent provisions appear in each of the governing treaties.
The treatise is by a British academic and appears to be directed primarily to British practitioners. Thus, UK cases and practice receive slightly more attention. This volume is a worthwhile reference work for academic law libraries collecting for research and courses on the EU and attorneys seeking an advanced but accessible introduction to EU law.
Posted By 2/24/2014 12:23:11 PM