Negotiating Archive

Johnnie Cochran was an effective, albeit smarmy, defense lawyer who would say or do anything to defend his clients (anyone up for a glass of...

Roping in the Legal Eagles

Johnnie Cochran was an effective, albeit smarmy, defense lawyer who would say or do anything to defend his clients (anyone up for a glass of OJ?). He was a master at encouraging jurors to disregard facts and base their legal verdicts on emotions and conjecture. Yet, despite his exceptional courtroom theatrics, you would be foolhardy to hire good old Johnnie to review your software cross-licensing agreement. A startup-oriented lawyer may not be able to convince a jury of a guilty man’s innocence, but they can guide your adVenture through the menacing legal shoals it will no doubt face. Working with startup lawyers also minimizes the risk of losing control of your adVenture, as they can help you avoid common fundraising and investor pitfalls. Such attorneys can also add tremendous value in your negotiations with Big Dumb Companies (BDCs), as they can ensure that you focus on the deal points that are of most significance to a small entity. As such, a startup-oriented lawyer is a critical member of your extended adVenture team.
Marketers have long known that people are drawn to exclusivity. Some people pay small fortunes to attend exclusive, private colleges while others wait in line...

Excludesivity – Avoid Becoming Excluded From Future Revenue Opportunities

Marketers have long known that people are drawn to exclusivity. Some people pay small fortunes to attend exclusive, private colleges while others wait in line for hours for the opportunity to buy exorbitantly priced drinks in an exclusive nightclub. As noted in Kiss Of Death, exclusivity can kill a small company. Unfortunately, many Big Dumb Companies (BDCs) believe that the only way they can effectively compete is to skew the market in their favor by precluding you from freely working with anyone you choose. Exclusivity excludes the BDC from competing in the free market while excluding the startup from taking full advantage of future customer, partner and market opportunities. Such deals are not exclusive, they are excludesive.
According to Wikipedia, Backmasking is, “a recording technique in which a sound or message is recorded backwards onto a track that is meant to be...

Backmasking Forensics – Uncovering Hidden Messages in Agreements

According to Wikipedia, Backmasking is, “a recording technique in which a sound or message is recorded backwards onto a track that is meant to be played forward.” In some instances, seemingly random sounds take on questionable meaning when played backwards. In Led Zeppelin’s Stairway to Heaven, Robert Plant seems to say, “Oh here’s to sweet Satan. He’ll give those with him 666.” When the Beatles’ Revoultion 9 is played in reverse, there is a brief passage that sounds something like, “Turn me on dead man,” which heightened the “Paul is dead” rumors of the early 1970s. However, backmasking is often a deliberate process, in which artists send messages to their diehard fans who relish discovering and decoding the hidden communications. It is usually arduous to discover and decipher audio backmasked messages. However, the process of decoding the hidden messages in your partner agreements is much simpler. You can perform such agreement forensics by looking for the clues outlined below. One such clue proved to be worth $20 million to one of my adVentures.
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