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      NegotiationRemove Negotiation →

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      • 2017
      • Chapter

      High Stakes Negotiation: Indian Gaming and Tribal/State Compacts

      By: Gavin Clarkson and James K. Sebenius
      Although Indian tribes and the surrounding states were often bitter enemies throughout much of the history of the United States, recently tribes and states have been able to work cooperatively in a number of areas. In some instances, Congress has mandated such... View Details
      Keywords: Indian Gaming; Negotiation; Regulation; Tribal Sovereignty; Sovereign Finance; Negotiation Participants; Relationships; Cooperation; Connecticut
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      Clarkson, Gavin, and James K. Sebenius. "High Stakes Negotiation: Indian Gaming and Tribal/State Compacts." Chap. 8 in American Indian Business: Principles and Practices, edited by Deanna M. Kennedy, Charles Harrington, Amy Klemm Verbos, Daniel Stewart, Joseph Gladstone, and Gavin Clarkson, 130–161. Seattle: University of Washington Press, 2017.
      • 2017
      • Book

      The Language of Global Success: How a Common Tongue Transforms Multinational Organizations

      By: Tsedal Neeley

      For nearly three decades, English has been the lingua franca of cross-border organizations, yet studies on corporate language strategies and their importance for globalization have been scarce. In The Language of Global Success, Tsedal Neeley provides an... View Details

      Keywords: Communication; Residency; Corporate Strategy; Globalized Firms and Management; Cross-Cultural and Cross-Border Issues; Brazil; France; Germany; Indonesia; Japan; Taiwan; Thailand; United States
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      Neeley, Tsedal. The Language of Global Success: How a Common Tongue Transforms Multinational Organizations. Princeton, NJ: Princeton University Press, 2017.
      • August 2017 (Revised January 2020)
      • Case

      Berkshire Partners: Party City

      By: Victoria Ivashina and Jeffrey Boyar
      In 2005, Berkshire Partners, a Boston-based private equity firm specializing in growth equity, was one year into their ownership of Amscan, the market leader of designed, manufactured, and distributed decorated party goods and accessories. However, Amscan's primary... View Details
      Keywords: Turnaround; Fundraising; Cross-fund Investment; Private Equity; Vertical Integration; Governance; Valuation; Manufacturing Industry; Retail Industry; United States
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      Ivashina, Victoria, and Jeffrey Boyar. "Berkshire Partners: Party City." Harvard Business School Case 218-028, August 2017. (Revised January 2020.)
      • June 2017
      • Article

      A Systematic Approach to Discussing Active Surveillance with Patients with Low-risk Prostate Cancer

      By: Behfar Ehdaie, Melissa Assel, Nicole Benfante, Deepak Malhotra and Andrew Vickers
      A systematic approach to counseling—using appropriate framing techniques derived from principles studied by negotiation scholars—can be taught to physicians in a one-hour lecture. We found evidence that even this minimal intervention can decrease overtreatment of... View Details
      Keywords: Health Care and Treatment; Health Disorders; Service Delivery; Negotiation; Health Industry
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      Ehdaie, Behfar, Melissa Assel, Nicole Benfante, Deepak Malhotra, and Andrew Vickers. "A Systematic Approach to Discussing Active Surveillance with Patients with Low-risk Prostate Cancer." European Urology 71, no. 6 (June 2017): 866–871.
      • June 2017
      • Article

      The Surprising Effectiveness of Hostile Mediators

      By: Ting Zhang, Francesca Gino and Michael I. Norton
      Contrary to the tendency of mediators to defuse negative emotions between adversaries by treating them kindly, we demonstrate the surprising effectiveness of hostile mediators in resolving conflict. Hostile mediators generate greater willingness to reach agreements... View Details
      Keywords: Mediation; Conflict; Negotiation; Hostility; Negotiation Style; Emotions; Conflict and Resolution
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      Zhang, Ting, Francesca Gino, and Michael I. Norton. "The Surprising Effectiveness of Hostile Mediators." Management Science 63, no. 6 (June 2017): 1972–1992.
      • April 2017
      • Article

      BATNAs in Negotiation: Common Errors and Three Kinds of 'No'

      By: James K. Sebenius
      The Best Alternative to a Negotiated Agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than 14 million Google results). But the initial... View Details
      Keywords: Agreements and Arrangements; Negotiation Tactics
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      Sebenius, James K. "BATNAs in Negotiation: Common Errors and Three Kinds of 'No'." Negotiation Journal 33, no. 2 (April 2017): 89–99.
      • Article

      Market Reactions to Sovereign Litigation

      By: Faisal Z. Ahmed and Laura Alfaro
      Recent rulings in the ongoing litigation over the pari passu clause in Argentinian sovereign debt instruments have generated considerable controversy. Some official-sector participants and academic articles have suggested that the rulings will disrupt or impede... View Details
      Keywords: Sovereign Debt; Litigation; Vulture Funds; Argentina; Sovereign Finance; Lawsuits and Litigation; Markets; Argentina
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      Ahmed, Faisal Z., and Laura Alfaro. "Market Reactions to Sovereign Litigation." Capital Markets Law Journal 12, no. 2 (April 2017): 141–163.
      • March 2017
      • Article

      Artful Paltering: The Risks and Rewards of Using Truthful Statements to Mislead Others

      By: Todd Rogers, Richard Zeckhauser, F. Gino, Michael I. Norton and Maurice E. Schweitzer
      Paltering is the active use of truthful statements to convey a misleading impression. Across two pilot studies and six experiments, we identify paltering as a distinct form of deception. Paltering differs from lying by omission (the passive omission of relevant... View Details
      Keywords: Deception; Lying; Paltering; Risk; Ethics; Negotiation Tactics
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      Rogers, Todd, Richard Zeckhauser, F. Gino, Michael I. Norton, and Maurice E. Schweitzer. "Artful Paltering: The Risks and Rewards of Using Truthful Statements to Mislead Others." Journal of Personality and Social Psychology 112, no. 3 (March 2017): 456–473.
      • February 2017 (Revised January 2022)
      • Supplement

      Bankruptcy at Caesars Entertainment (B)

      By: Kristin Mugford
      Keywords: Gaming; Chapter 11; Fraudulent Conveyance; Apollo; TPG; Bankruptcy; Leveraged Buyouts; Restructuring; Capital Structure; Insolvency and Bankruptcy; Private Equity; Financial Management; Lawsuits and Litigation; Negotiation; Entertainment and Recreation Industry; Las Vegas
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      Mugford, Kristin. "Bankruptcy at Caesars Entertainment (B)." Harvard Business School Supplement 217-058, February 2017. (Revised January 2022.)
      • February 2017 (Revised May 2017)
      • Case

      Rapid7

      By: Mitchell Weiss, Paul Gompers and Silpa Kovvali
      That Corey Thomas, vice president at Boston-based Rapid7, Inc., was about to enter his investor’s boardroom to negotiate a potential acquisition of Metasploit, LLC, was already an unlikely achievement of sorts. After all, Rapid7 was a venture-backed, corporate... View Details
      Keywords: Acquisition; Computer Hacking; Open-source; Corey Thomas; Rapid7; Exploit Testing; Mergers and Acquisitions; Cybersecurity; Computer Industry; North and Central America; Boston
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      Weiss, Mitchell, Paul Gompers, and Silpa Kovvali. "Rapid7." Harvard Business School Case 817-077, February 2017. (Revised May 2017.)
      • 2017
      • Book

      HBR Guide to Buying a Small Business: Think Big, Buy Small, Own Your Own Company

      By: Richard S. Ruback and Royce Yudkoff
      Find, acquire, and run your own business. Are you looking for an alternative to a career path at a big firm? Does founding your own start-up seem too risky? There is a radical third path open to you: you can buy a small business and run it as CEO. Purchasing a small... View Details
      Keywords: Entrepreneurial Finance; Entrepreneurs; Small Companies; Small Business Finance; Negotiation; Due Diligence; Sourcing; Search Funds; Search; Deal Sourcing; Deal Structuring; Funnel; Debt Financing; Small And Medium Enterprises; Small Business; Internet and the Web; Entrepreneurship; Negotiation Deal; Ownership; Equity; Borrowing and Debt
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      Ruback, Richard S., and Royce Yudkoff. HBR Guide to Buying a Small Business: Think Big, Buy Small, Own Your Own Company. Harvard Business Review Press, 2017.
      • January 2017
      • Supplement

      Bayer AG: Bidding to Win Merck's OTC Business

      By: Benjamin C. Esty, Marc Baaij and Arjen Mulder
      Keywords: Acquisition; Bidding Strategy; Valuing Synergies; Negotiations; Corporate Strategy; Business Unit Strategy; Bidding Process; Discounted Cash Flow; Cross-border M&A; Tax Shields; Valuation; Competitive Strategy; Auctions; Germany; United States; United Kingdom
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      Esty, Benjamin C., Marc Baaij, and Arjen Mulder. "Bayer AG: Bidding to Win Merck's OTC Business." Harvard Business School Spreadsheet Supplement 217-705, January 2017.
      • January 2017
      • Case

      Bayer AG: Bidding to Win Merck's OTC Business

      By: Benjamin C. Esty, Marc Baaij and Arjen Mulder
      Shortly after submitting their best and final offer to acquire Merck's Consumer Care Division (a collection of "over-the-counter" (OTC) products with sales totaling $2 billion), the Bayer M&A team was given a chance to revise their bid because another potential... View Details
      Keywords: Acquisition; Bidding Strategy; Valuing Synergies; Negotiations; Corporate Strategy; Business Unit Strategy; Bidding Process; Discounted Cash Flow; Cross-border M&A; Tax Shields; Valuation; Competitive Strategy; Auctions; Bids and Bidding; Germany; United States; United Kingdom
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      Esty, Benjamin C., Marc Baaij, and Arjen Mulder. "Bayer AG: Bidding to Win Merck's OTC Business." Harvard Business School Case 217-021, January 2017.
      • January 2017 (Revised October 2018)
      • Case

      Novartis: A Transformative Deal

      By: David Collis and Ashley Hartman
      When Joe Jimenez became CEO of Swiss-based Novartis in 2010, replacing longtime CEO Dan Vasella, he assumed control of one of the top pharmaceutical companies in the world. Vasella, an avowed advocate of diversification, had expanded the scope of the company and... View Details
      Keywords: Novartis; GlaxoSmithKline; Asset Swap; Acquisitions; Divestiture; Strategy Alignment; Pharmaceuticals; Strategy; Business Strategy; Corporate Strategy; Diversification; Consolidation; Mergers and Acquisitions; Pharmaceutical Industry
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      Collis, David, and Ashley Hartman. "Novartis: A Transformative Deal." Harvard Business School Case 717-453, January 2017. (Revised October 2018.)
      • 2017
      • Other Teaching and Training Material

      Organizational Behavior Reading: Negotiation

      By: Max Bazerman, Francesca Gino and Katherine Shonk
      Core Curriculum in Organizational Behavior is a series of readings that cover fundamental course material in Organizational Behavior. Readings include videos and interactive illustrations to help students master complex concepts. Managerial, executive, and... View Details
      Keywords: Negotiation; Negotiation Preparation; Analysis; Cross-Cultural and Cross-Border Issues
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      Bazerman, Max, Francesca Gino, and Katherine Shonk. "Organizational Behavior Reading: Negotiation." Core Curriculum Readings Series. Boston, MA: Harvard Business Publishing 8408, 2017. Electronic.
      • 2017
      • Working Paper

      BATNAs in Negotiation: Common Errors and Three Kinds of 'No'

      By: James K. Sebenius
      The best alternative to a negotiated agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than 14 million Google results). But the initial... View Details
      Keywords: Negotiation; BATNA; Bargaining; Zone Of Possible Agreement; Reservation Price; Reservation Value; Agreements and Arrangements; Negotiation Tactics
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      Sebenius, James K. "BATNAs in Negotiation: Common Errors and Three Kinds of 'No'." Harvard Business School Working Paper, No. 17-055, December 2016. (Revised March 2017, a version of this article is forthcoming in the Negotiation Journal, April 2017.)
      • 2016
      • Working Paper

      Henry Kissinger's Negotiation Campaign to End the Vietnam War

      By: James K. Sebenius and Eugene B. Kogan
      President Richard M. Nixon was elected in 1968 with the widespread expectation that he would bring about an end to the costly and unpopular war in Vietnam. The task largely fell to National Security Adviser Henry Kissinger. When the negotiations began, North Vietnam... View Details
      Keywords: Kissinger; Negotiation; Negotiation Campaign; Bargaining; Diplomacy; Coercive Diplomacy; Multiparty Negotiations; Dispute Resolution; Mediation; Negotiation Process; War; Negotiation Types; International Relations; Negotiation Deal; Viet Nam; United States
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      Sebenius, James K., and Eugene B. Kogan. "Henry Kissinger's Negotiation Campaign to End the Vietnam War." Harvard Business School Working Paper, No. 17-053, December 2016.
      • 2016
      • Working Paper

      Henry Kissinger: Negotiating Black Majority Rule in Southern Africa

      By: James K. Sebenius, R. Nicholas Burns, Robert H. Mnookin and L. Alexander Green
      In 1976, United States Secretary of State Henry A. Kissinger conducted a series of intricate, multiparty negotiations in Southern Africa to persuade white Rhodesian leader Ian Smith to accede to black majority rule. Conducted near the end of President Gerald Ford’s... View Details
      Keywords: Equality and Inequality; Negotiation Process; Race; Negotiation Participants; Negotiation Deal; Government and Politics; Africa; United States
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      Sebenius, James K., R. Nicholas Burns, Robert H. Mnookin, and L. Alexander Green. "Henry Kissinger: Negotiating Black Majority Rule in Southern Africa." Harvard Business School Working Paper, No. 17-051, December 2016.
      • November 16, 2016
      • Article

      How to Negotiate After a Staggering Defeat: A Playbook for Democrats

      By: Deepak Malhotra
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      Malhotra, Deepak. "How to Negotiate After a Staggering Defeat: A Playbook for Democrats." Harvard Business Review (website) (November 16, 2016).
      • October 2016 (Revised March 2019)
      • Case

      Carrum Health: Scaling Bundled Payments

      By: Robert S. Huckman and Sarah Mehta
      Founded in 2014, Carrum Health helped self-insured employers located in three markets (San Diego, California; Seattle, Washington; and San Francisco, California) save money on their employees’ planned surgeries. It did so by contracting directly with top-quality... View Details
      Keywords: Health Financing; Health Insurance; Value-based Healthcare Reimbursements; Bundled Payments; Innovation; Scale; Health; Health Care and Treatment; Cost Management; Growth and Development Strategy; Decision Choices and Conditions; Health Industry; California; San Francisco; San Diego; Seattle
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      Huckman, Robert S., and Sarah Mehta. "Carrum Health: Scaling Bundled Payments." Harvard Business School Case 617-017, October 2016. (Revised March 2019.)
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