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A Great Lawyer Must Be a Great Negotiator: Skills for You to Be the Best Negotiator in the Room
Produced on November 10, 2016
Course Information
Course Description
A lawyer’s ability to negotiate is in many ways the most important skill a lawyer can have. In this course, Technology Lawyer, negotiator, commentator, author, and frequent speaker on negotiating skills, Mark Grossman gives you the benefit of what he learned in his 30 plus years as a negotiator. Mr. Grossman utilizes Grossman-ism: “he who drafts sets the agenda” to discuss how to successfully approach a negotiation, genuinely listen during a negotiation, and even how to use back channel communication and technology such as WebEx to help move negotiations along.
As a bonus to movie buffs everywhere, he also discusses how to use an important takeaway in team negotiating strategy from Marlon Brando in “The Godfather.”
Learning Objectives:
-
Understand the importance of knowing your BATNA - Best Alternative to a Negotiated Agreement
- Recognize why listening is an important negotiating skill
- Handle people who use bullying as a negotiating tactic
- Successfully negotiate in foreign countries
- Use the mere passage of time to your advantage
- Get the other side to reveal their unspoken agenda
- Trade items that are unimportant to you to gain important concessions
- Strategically use escalations to gain concessions
- Differentiate those rare situations where email negotiations help
- Identify how to use "authority" and “lack of authority” strategically
-
Negotiate precise contract language
Credit Information
Faculty
Mark Grossman
Tannenbaum Helpern Syracuse & Hirschtritt LLP
Mark Grossman is a 28-year business lawyer who began focusing his practice on technology over 20 years ago. This makes him an old-timer in a new practice area. He is also an author and frequent speaker on technology, outsourcing, and the art and science of negotiating deals. Mark's "TechLaw" column is published by "CIO Magazine."
Mark is AV-rated by Martindale-Hubbell, the highest level attainable, and was a member of the Florida Bar's Computer Law Committee. Further, his peers chose Mark to appear in the last several editions of The Best Lawyers in America. Since Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."
A 1982 cum laude graduate of Georgetown University Law Center in Washington, D.C., Mark started in the big-firm world working on large corporate deals. Then he had his own firm for many years until one of Florida's larger law firms courted him in 1997. They asked him to start and lead their technology practice, which he did until 2005.
Mark started his career as a business lawyer gaining experience as a negotiator and litigator, but then began to focus his practice on technology, outsourcing, telecommunications, licensing, and custom development deals. Working on such deals led to experience with non-disclosure agreements, software audit disputes, computer use policies, the Internet, privacy policies, online contracts, e-commerce, document destruction policies, intellectual property, employment agreements, electronic discovery, and issues unique to start-ups.
Mark also has extensive experience as a litigator. Although he no longer litigates, Mark uses his experience as a litigator when he is negotiating dispute settlements.
Mark's clients have ranged from clients selling technology-related goods and services who needed a lawyer who understood their industry, to working with clients on the buying side of a transaction. On that side, his clients have included banks, insurance companies, and medium and large sized businesses in many diverse industries. Mark's clients have ranged from startups to Fortune 100 companies.
Mark's technology clients all share the need for a lawyer with meaningful experience in technology law. In many cases, his clients are spending large amounts of money buying complex technologies and need to hire an attorney to insure that they have a meaningful contract.
In 1996, Mark started writing about technology law just as technology and the Internet were exploding and the dot com bubble started. He began his writing career with PC World Magazine. In 1997, he created his weekly "CyberLaw" column in South Florida's "Daily Business Review." In 2000, he renamed his column "TechLaw" and moved it to the Miami Herald where the column ran for many years.
Since the mid-1990's, Mark has spoken to hundreds of groups domestically and internationally including multiple appearances at Georgetown University Law Center's Advanced Computer Law Institute, COMDEX in Las Vegas, and seminars offered by the American Corporate Counsel Association. He has also been a guest on many television and radio shows including ABC's "Nightline."
Mark authored the book Technology Law - What Every Business (and Business-Minded Person) Needs to Know, and released a revised edition in 2009.
Mark has written for Washington's "Legal Times," the "Texas Lawyer," "The Recorder of San Francisco," the "University of Texas School of Law Review of Litigation," and the Florida Bar's "Computer Law Journal." He also co-authored a chapter called "Web Development Agreements" in the American Bar Association's book titled Internet Law for the Business Lawyer.
Currently, he is a member of the Board of Directors of the South Florida Technology Alliance, the Advisory Board of BNA's Electronic Commerce & Law Newsletter, and the Board of Editors of "Internet Law and Strategy," a publication of Law Journal Newsletters.
Mark has served as Special Counsel for Technology for the X-Prize Foundation, a subject matter expert for the State of Florida's Internet Task Force, a member of the Board of Directors of the InternetCoast, General Counsel for the South Florida Interactive Marketing Association, and a member of the Board of Trustees of the Coral Gables Museum. He was a member of the Board of Advisors for the Global Sourcing Forum from 2007 to 2010.
In 1998, Mark was one of three co-founders of the software company Eisenworld, Inc., which Microsoft acquired in 2006. Microsoft incorporated Eisenworld's "PC Relocator" software into Microsoft's Windows operating systems.
Mark received his B.A., with high honors, in 1979 from Stony Brook University. He is a member of the New York and Florida Bars.
Reviews
Great course
Good, engaging session.
Excellent, easy to digest, engaging and super helpful. Thank you, Mr. Grossman.
The lecturer is very engaging.
Excellent instructor and course!
Great Advice!!
Exceptionally good presenter.
Good points to remember when negotiating.
Excellent!
Very engaging presentation!
Enjoyable and helpful
Excellent communication focusing on pragmatism as well as technical law, which applies to so many contexts well outside of negotiation. This is the best presentation I've seen so far.
Excellent !
This course is superb and it behaves every lawyer to take it.
One of the better speakers & courses I've listened to! Interesting, informative, not a bore or a chore!
Really great presentation of material that will be useful to my practice.
excellent
Best online CLE presentation I have ever seen. Mr. Grossman is entertaining and informative and really knows his stuff.
great course
Mark Grossman was outstanding. I have negotiated complex international transactions for almost 30 years. Much of what Mark said I have learned through experience. I didn't agree with absolutely everything he said, but thought that he was outstanding and right on the nose on the substantial majority. One of the best CLE's provided by Lawline.
Really enjoyed this -authoritative speaker good insights, creative solutions
Excellent. Will follow Grossman on Twitter his advice was great.
good speaker!
This course was legitimately excellent.
Outstanding!
Thanks
Grossman is a great speaker
Entertaining, fantastic materials, and excellent advice. I really appreciated this one.
Excellent presenter.
Wonderful presentation by Mr. Grossman - very enjoyable and will be extremely helpful to me in the coming weeks.
Very useful information for negotiating.
The "bully" segment was very appropriate.
Excellent
I’m going to listen to this a second time. It’s that good!
Great!
Excellent presentation!
Excellent speaker!!
Mr. Grossman was probably the best speaker I have heard in a long time. He was active and engaging!
Great
By far the best MCLE course I have taken.
Excellent speaker!
Super speaker!
Excellent course.
Very well done—-I have been negotiating for over 30 years and there are always things to learn.
My favorite CLE of this cycle. Thank you!
Pearls of wisdom.
Superb
Fabulous. Can’t say enough positive things about about this speaker, the content, etc.
Great job of bring together lots of practical strategic advice, good examples, Mr Grossman is an excellent speaker
Excellent. One of my favorites so far.
Outstanding presentation and content
This was really quite substantive and entertaining! I will likely listen to this course several times!
Very well presented and informative.
one of the best lawline classes
This was great! What a great presentation!
Excellent
Good
Very engaging speaker. I would watch more courses with him. Great tips and tricks.
EXCELLENT COURSE AND WELL PRESENTED
Speaker was very enjoyable and knowledgeable. He confirmed that some of the negotiating methods that I use on a daily basis to be efficient. Learned some new things to try out
I really like the presenter, mark grossman
I particularly liked this class because it discussed practical points in negotiations.
This was very insightful.
Best yet
Excellent Class.
Excellent topic and insightful information.
Mr. Grossman is an excellent and effective speaker
I listened to this twice and probably will again. It is that good.
very engaging speaker. helpful suggestions and approaches
Thoughtful and lively. Well done
The Instructor was wonderful. I enjoy the courses presented by him. The topic and depth of information was perfect. Thank you.
Great presentation and very useful suggestions
Informative and easily listened to.
Excellent presenter and valuable information.
Great presenter!
The best of the Lawline videos I've seen thus far.
very effective speaker!
Very good CLE. Great advice for negotiators!
excellent pointers
Best
Very interesting and helpful advice.
An excellent presentation!
informative
excellent presenter - really useful.
Fantastic and enjoyable! Solid content!
Very good speaker
The guy is great!
This presenter was very engaging and put on a very interesting and practical presentation.
By far, one of the best presenters on Lawline!
Very competent presentation.
excellent and interesting
Excellent primer on negotiation techniques and issues
Highly engaging and well done.
Very good
A generous program by an engaging presenter.
Very well done & great tips
Marc Grossman is excellent
Great seminar, thank you :)
One of the best I have heard!
Great speaker
great
Great program....wished I'd have listened to this last week!!
Mark Grossman is one of the best presenters out there!
Very good, lots of practical advice.
very well prepared and clear
This was a fantastic class that kept my attention.
Engaging and practical
Very good suggestions. Worth listening to a second time.
Fun course and great things to think about!!
good
Best speaker of all of the ones I have listened to so far. He was engaging and provided useful tools to use right away.
Excellent program, highly recommended.
good
EXCELLENT SPEAKER
GREAT!!!
Mark is so good and entertaining
Great program. Best most useful so far
excellent presenter
Engaging presentation. Thank you.
Excellent content and presentation.
I like the fact I can take notes online.
Very good instructor.
Excellent!!
Excellent program.
Engaging man.
EXCELLENT
Thank you.
This is a very interesting, well thought out, practical course. One of the best I've taken!
Absolutely superb presentation.
This Attorney gave great advice
Great, practical information.
Excellent presentation! An engaging speaker who gave excellent advice. Clearly knows his topic.
One of the best courses I have ever heard on the subject
Great speaker and topic!
insightful and also entertaining
great tips on negotiation!
Learned a lot from a dynamic presenter!
Excellent speaker, excellent content. Hands down best CLE I have taken via LawLine to date. Thank you Mark Grossman.
Best Lawline course so far.
Best cle program on this platform.
Mr. Grossman was excellent. He held my interest throughout his entire presentation.
Very knowledgeable presenter. Helpful tips
terrific speaker and extremely organized
One of the best courses I have taken on Lawline.
very solid on fundamentals, plus some more advanced points; personable
Good points in concise form
This guy is great.
Engaging, well-spoken presenter.
Excellent
Great course
Excellent presenter with excellent content . Would love to see more courses from this speaker.
One of the better Lawline CLE’s I’ve found: good advice and refreshers for new and veteran negotiators.
Great! Well done
Another great presentation Another great presentation
Great presentation by an excellent lecturer.
very entertaining. Enjoyable.
Excellent presentation.
Very charismatic and interesting speaker. Wish more speakers had character as Grossman.
Excellent presentation!
Very good course.
Well done! Well delivered!
Great speaker - entertaining and useful practical take away points to use in practice and life.
Well delivered, and well taught !!!
Great information, exceptionally presented.
Dynamic and entertaining
On of the most informative, practical, and entertaining CLE classes ever!
Very Helpful.
Awesome presentation. Best CLE yet!
Good advice given
Insightful knowledge on process and positioning in ADR. Helpful info for when engaging in the process.
I really enjoyed this program and I will make use of the great negotiation tips. My husband was listening in and we both laughed when we heard your car purchase story because we have been through that scenario. You had such a novel solution to the problem!
One of the most informative lectures excellently presented.
Great program. Very informative and entertaining.
excellent
Lots of useful tips, even for experienced negotiators, from an excellent speaker. The hour went very quickly!
Excellent practical advice.
Loved this course Loved this course
Very entertaining and interesting
Great presentation! Never a dull moment. Held my attention all the way through. Lots of practical advice.
Good information Great presentation
Excellent speaker!
Facilitator was extremely engaging.
good ideas presented
Thoroughly enjoyed this presentation.
Excellent review.
Mr Grossman was Outstanding. His use of real life situations in negotiations was most helpful
Great presenter
Excellent!
Informative and entertaining!
Brilliant course, one of the very best. Attorney Grossman was outstanding.
Very articulate speaker, very creative.
Very knowledgeable presenter! Engaging! Seemed to enjoy his area of expertise, and that conveyed to his audience!
excellent, very energetic presentation with engaging commentary, fine examples.
I also took my daughter car shopping to teach lessons in negotiations!
Fantastic.
Loved the way he incorporated the Godfather into his negotiation discussion. Entertaining and informative
Great
MR. Grossman is a truly excellent speaker.
Amazing speaker! Learned a lot!
Very interesting and informative CLE. Would recommend to anyone doing deals as an attorney.
Excellent content from an experienced negotiator. Also, an entertaining presentation.
Excellent!
excellent presentation
Best advice came last - control the document, control the negotiation
Excellent speaker
Best cle I’ve ever taken!!!!!!!
awesome lecturer
Great speaker. Slides were nice in that not too much writing, but gave you a key word to focus on.
really good; useful tips
Awesome!
More geared to large group negotiations than one on one but good.
So far, this has been my favorite seminar.
Excellent
Mark killed it on this one. Really good, practical and engaging.
Excellent presentation!
A good general overview of how to negotiate.
fabulous speak with great tips
Very good 1 hour program -- good stories and anecdotes illustrate important principles
well presented
Excellant information!!
fantastic program
Excellent
Very entertaining and informative!
It was a good presentation. I listened twice to make sure I didn’t miss anything.
Great tips on negotiations I would watch more CLEs from Mr. Grossman!
Great program
Light, but very helpful. Some common sense recommendations that are so easy to forget in the throes of a negotiation.
Very helpful and practical information on a challenging topic.
Outstanding content & speaker. Very useful insights & material.
Great presentation! One of the best I have seen.
Very Helpful!
Every word was necessary - shortest CLE program I have EVER sat through - "amazing," as they say
Loved this guy!
Mark was an excellent speaker! As a lawyer whose day-to-day job is major government contract negotiations, I have listened to a number of speakers on this very topic. Mark has been my favorite by far- there were a lot of very detailed suggestions that I will begin applying in my negotiations and keep in my toolbox for later. Another excellent Lawline presenter!
Very entertaining, engaging, and useful presentation!
Excellent speaker. Excellent program.
He is a great presenter
Wow! Valuable content and entertaining as well. Great choice.
speaker was very enthusiastic-- and gave good practical advice.
Traditional principles with good delivery
Interesting and useful presentation with great examples.
He was awesome.
Excellent.
Very interesting and informative.
Very good speaker.
Good
Engaging Speaker.
Good speaker. Useful.
pretty good; dynamic speaker
Well done!
Engaging and helpful
The speaker had a great and funny demeanor and presented the information in an interesting fashion.
Great speaker
Good speaker
Good course
Both amusing and informative.
Mr. Grossman is an excellent speaker which made this CLE presentation one of the best I have a listened to on your platform.
Instructor was one of the best I have viewed on Lawline.
Excellent speaker
Excellent material and education
Very enlightening