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      • May 2016 (Revised September 2017)
      • Case

      Canadian Pacific's Bid for Norfolk Southern

      By: Benjamin C. Esty and E. Scott Mayfield
      In December 2015, Canadian Pacific Railroad (CPR) has just made its third bid to acquire Norfolk Southern Corporation (NSC), one of the largest railroads in the United States. Having rejected the prior offers, NSC’s CEO James Squires and the NSC board must now value... View Details
      Keywords: Capital Structure; Cash Flow; Cost of Capital; Financial Strategy; Investment Activism; Bids and Bidding; Negotiation Offer; Corporate Strategy; Rail Transportation; Mergers and Acquisitions; Transformation; United States; Canada
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      Esty, Benjamin C., and E. Scott Mayfield. "Canadian Pacific's Bid for Norfolk Southern." Harvard Business School Case 216-057, May 2016. (Revised September 2017.)
      • May 2016 (Revised August 2019)
      • Teaching Note

      Project Deutschland: Unpeeling the Onion of a Distressed Real Estate Portfolio

      By: Nori Gerardo Lietz and Ricardo Andrade
      James Tallest analyzed the opportunity to invest in a distressed portfolio of high quality properties in Germany by acquiring one or more non-performing loans from Deutschland Bank. While he considers the many aspects of the deal that is about to unfold, he must decide... View Details
      Keywords: Real Estate; Distress Investing; Non-performing Loan; Borrowing and Debt; Capital Structure; Private Equity; Negotiation Deal; Valuation; Real Estate Industry; Financial Services Industry; Germany; Europe
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      Lietz, Nori Gerardo, and Ricardo Andrade. "Project Deutschland: Unpeeling the Onion of a Distressed Real Estate Portfolio." Harvard Business School Teaching Note 216-056, May 2016. (Revised August 2019.)
      • April 2016
      • Supplement

      Canadian Pacific's Bid for Norfolk Southern Spreadsheet Supplement

      By: Benjamin C. Esty and Scott Mayfield
      In December 2015, Canadian Pacific Railroad (CPR) has just made its third bid to acquire Norfolk Southern Corporation (NSC), one of the largest railroads in the United States. Having rejected the prior offers, NSC’s CEO James Squires and the NSC board must now value... View Details
      Keywords: Capital Structure; Cash Flow; Cost of Capital; Financial Strategy; Investment Activism; Bids and Bidding; Negotiation Offer; Corporate Strategy; Rail Transportation; Mergers and Acquisitions; Transformation; United States; Canada
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      Esty, Benjamin C., and Scott Mayfield. "Canadian Pacific's Bid for Norfolk Southern Spreadsheet Supplement." Harvard Business School Spreadsheet Supplement 216-712, April 2016.
      • March 2016 (Revised October 2018)
      • Case

      Project Deutschland: Unpeeling the Onion of a Distressed Real Estate Portfolio

      By: Nori Gerardo Lietz and Ricardo Andrade
      James Tallest analyzed the opportunity to invest in a distressed portfolio of high quality properties in Germany by acquiring one or more non-performing loans from Deutschland Bank. While he considers the many aspects of the deal that is about to unfold, he must decide... View Details
      Keywords: Real Estate; Distress Investing; Non-performing Loan; Borrowing and Debt; Capital Structure; Private Equity; Negotiation Deal; Valuation; Real Estate Industry; Financial Services Industry; Germany; Europe
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      Lietz, Nori Gerardo, and Ricardo Andrade. "Project Deutschland: Unpeeling the Onion of a Distressed Real Estate Portfolio." Harvard Business School Case 216-055, March 2016. (Revised October 2018.)
      • 2015
      • Chapter

      "Level II" Negotiation Strategies: Advance Your Interests by Helping to Solve Their Internal Problems

      By: James K. Sebenius
      Many negotiators have constituencies that must formally or informally approve an agreement. Traditionally, it is the responsibility of each negotiator to manage the internal conflicts and constituencies on his or her own side. Far less familiar are the many valuable... View Details
      Keywords: Negotiation Tactics; Negotiation Participants; Negotiation Deal
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      Sebenius, James K. "Level II" Negotiation Strategies: Advance Your Interests by Helping to Solve Their Internal Problems. In Negotiating in Times of Conflict, edited by Gilead Sher and Anat Kurz, 107–124. Tel Aviv: Institute for National Security Studies, 2015. Electronic.
      • December 2015
      • Article

      Control the Negotiation Before It Begins

      By: Deepak Malhotra
      Countless books and articles offer advice on avoiding missteps at the bargaining table. But some of the costliest mistakes take place before negotiators sit down to discuss the substance of the deal. That's because they often take for granted that if they bring a lot... View Details
      Keywords: Negotiation Preparation
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      Malhotra, Deepak. "Control the Negotiation Before It Begins." Harvard Business Review 93, no. 12 (December 2015): 66–72.
      • February 2015
      • Supplement

      Loki Capital Management

      By: Joseph B. Fuller and Christopher Payton
      Keywords: Investment; Microeconomics; Negotiation Offer
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      Fuller, Joseph B., and Christopher Payton. "Loki Capital Management." Harvard Business School PowerPoint Supplement 315-099, February 2015.
      • 2014
      • Working Paper

      Tommy Koh and the U.S.–Singapore Free Trade Agreement: A Multi-Front 'Negotiation Campaign'

      By: Laurence A. Green and James K. Sebenius
      Complex, multiparty negotiations are often analyzed as principals negotiating through agents, as two-level games (Putnam 1988), or in coalitional terms. The relatively new concept of a "multi-front negotiation campaign" (Sebenius 2010, Lax and Sebenius, 2012) offers... View Details
      Keywords: Negotiation; Trade; United States; Singapore
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      Green, Laurence A., and James K. Sebenius. "Tommy Koh and the U.S.–Singapore Free Trade Agreement: A Multi-Front 'Negotiation Campaign'." Harvard Business School Working Paper, No. 15-053, December 2014.
      • July 9, 2014
      • Article

      A Great Negotiator's Essential Advice

      By: James K. Sebenius
      The Program on Negotiation (PON), an active Harvard-MIT-Tufts consortium, honored View Details
      Keywords: Negotiation Process; Negotiation Tactics; Personal Development and Career; Negotiation Style; Singapore
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      Sebenius, James K. "A Great Negotiator's Essential Advice." Harvard Business Review (website) (July 9, 2014).
      • May 2014
      • Article

      Cynicism in Negotiation: When Communication Increases Buyers' Skepticism

      By: Eyal Ert, Stephanie J. Creary and Max H. Bazerman
      The economic literature on negotiation shows that strategic concerns can be a barrier to agreement, even when the buyer values the good more than the seller. Yet behavioral research demonstrates that human interaction can overcome these strategic concerns through... View Details
      Keywords: Trust; Information Asymmetry; Perspective Taking; Reactive Devaluation
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      Ert, Eyal, Stephanie J. Creary, and Max H. Bazerman. "Cynicism in Negotiation: When Communication Increases Buyers' Skepticism." Judgment and Decision Making 9, no. 3 (May 2014): 191–199.
      • April 2014
      • Article

      15 Rules for Negotiating a Job Offer

      By: Deepak Malhotra
      The author, a professor of negotiation at Harvard Business School, offers specific pieces of advice for job candidates: Don't underestimate the importance of likability. Help prospective employers understand why you deserve what you're requesting. Make it clear that... View Details
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      Malhotra, Deepak. "15 Rules for Negotiating a Job Offer." Harvard Business Review 92, no. 4 (April 2014): 117–120.
      • Article

      Avoiding the Costs of Negotiation: A Commentary on "Is Unilateralism Always Bad?"

      By: James K. Sebenius
      Why, if an outcome is in the interests of both sides, should it not be negotiated rather than unilaterally imposed? This comment offers additional reasons to prefer negotiation (beyond those adduced in the original article) over unilateral action, even where such... View Details
      Keywords: Negotiation; Bargaining; Middle East; Israel; Palestinians; Israel; Palestinian state
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      Sebenius, James K. Avoiding the Costs of Negotiation: A Commentary on "Is Unilateralism Always Bad?". Negotiation Journal 30, no. 2 (April 2014): 165–168.
      • 2014
      • Working Paper

      Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems

      By: James K. Sebenius
      Many negotiators have constituencies that must formally or informally approve an agreement. Traditionally, it is the responsibility of each negotiator to manage the internal conflicts and constituencies on his or her own side. Far less familiar are the many valuable... View Details
      Keywords: Strategy; Negotiation Tactics; Negotiation Participants; Negotiation Style
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      Sebenius, James K. "Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems." Harvard Business School Working Paper, No. 14-091, March 2014.
      • January 2014 (Revised October 2014)
      • Supplement

      Mittal Steel's Pursuit of Arcelor (B)

      By: Paul M. Healy and Penelope Rossano
      Lakshmi Mittal, CEO of Mittal Steel, a UK-based company with Indian roots, took advantage of a weakened Arcelor that had successfully won a bidding war for Canadian steel company Dofasco, with an unsolicited bid to buy the company. Mittal's plans for acquiring Arcelor... View Details
      Keywords: Strategy; Fiduciary Duty; Negotiation; Steel; India; Europe; Governance; Mergers; Board Decisions; White Knight; Valuation; Mergers and Acquisitions; Corporate Governance; Economics; Steel Industry; Canada; United Kingdom; India
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      Healy, Paul M., and Penelope Rossano. "Mittal Steel's Pursuit of Arcelor (B)." Harvard Business School Supplement 114-057, January 2014. (Revised October 2014.)
      • January 2014 (Revised September 2015)
      • Case

      Mittal Steel's Pursuit of Arcelor (A)

      By: Paul M. Healy and Penelope Rossano
      Lakshmi Mittal, CEO of Mittal Steel, a UK-based company with Indian roots, took advantage of a weakened Arcelor that had successfully won a bidding war for Canadian steel company Dofasco, with an unsolicited bid to buy the company. Mittal's plans for acquiring Arcelor... View Details
      Keywords: Fiduciary Duty; Steel; India; Europe; Governance; Mergers; Board Decisions; White Knight; Strategy; Negotiation; Mergers and Acquisitions; Corporate Governance; Cross-Cultural and Cross-Border Issues; Steel Industry; Canada; United Kingdom; Russia; India
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      Healy, Paul M., and Penelope Rossano. "Mittal Steel's Pursuit of Arcelor (A)." Harvard Business School Case 114-056, January 2014. (Revised September 2015.)
      • 2014
      • Working Paper

      Stepping Stone, Stopping Point, or Slippery Slope? Negotiating the Next Iran Deal

      By: James K. Sebenius
      The November 2013 "interim" nuclear deal between Iran and the "P5+1"—the United States, Russia, China, Britain, France, and Germany—raises challenging questions. Will the initial deal function as a stepping stone toward a more comprehensive deal? Or will it drift into... View Details
      Keywords: Negotiations; Iran; Nuclear; Conflict Resolution; Winning Coalition; Blocking Coalition; Strategy; Negotiation; International Relations; France; Germany; Iran; China; Great Britain; United States; Russia
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      Sebenius, James K. "Stepping Stone, Stopping Point, or Slippery Slope? Negotiating the Next Iran Deal." Harvard Business School Working Paper, No. 14-061, January 2014. (Revised March 2014.)
      • December 2013
      • Case

      Bruce Allyn: Negotiating with the KGB (A)

      By: James K. Sebenius
      Isolated by the KGB in Moscow, Harvard graduate student Bruce Allyn faces high-pressure negotiation tactics to recruit him for the Soviet spy agency. At the tense height of the Cold War, with CIA agents systematically being exposed and executed in Russia, Allyn was... View Details
      Keywords: Negotiation; Bargaining; Hard Bargaining; KGB; Espionage; Spying; War; National Security; Alliances; Ethics; Negotiation Tactics; Decision Choices and Conditions; Negotiation Participants; Negotiation Offer; Cambridge; Moscow; Soviet Union
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      Sebenius, James K. "Bruce Allyn: Negotiating with the KGB (A)." Harvard Business School Case 914-027, December 2013.
      • December 2013
      • Supplement

      Bruce Allyn: Negotiating with the KGB (B)

      By: James K. Sebenius
      This case picks up (from the end of the "A" case) the detailed story of the KGB's high-pressure negotiations with Harvard doctoral student Bruce Allyn to recruit him as a secret asset for the Soviet spy agency. The "A" case describes how, at the tense height of the... View Details
      Keywords: Negotiation; Bargaining; Hard Bargaining; KGB; Espionage; Spying; War; National Security; Alliances; Ethics; Negotiation Tactics; Decision Choices and Conditions; Negotiation Participants; Negotiation Offer; Cambridge; Moscow; Soviet Union
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      Sebenius, James K. "Bruce Allyn: Negotiating with the KGB (B)." Harvard Business School Supplement 914-028, December 2013.
      • September 2013
      • Case

      SafeBlend Fracturing

      By: Benson P. Shapiro, Frank V. Cespedes and Alisa Zalosh
      The CEO of SafeBlend Technologies must set a price for the company's environmentally friendly fracturing fluid additive. The firm is negotiating a new contract with its biggest client, Bristol Natural Gas. For the last two years, SafeBlend has been the sole provider of... View Details
      Keywords: Information Technology; Customer Relationship Management; Price; Negotiation; Competitive Advantage; Environmental Sustainability; Energy Sources; Sales; Energy Industry
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      Shapiro, Benson P., Frank V. Cespedes, and Alisa Zalosh. "SafeBlend Fracturing." Harvard Business School Brief Case 914-513, September 2013.
      • August 2013
      • Case

      HgCapital and the Visma Transaction (A)

      By: Paul A. Gompers, Karol Misztal and Joris Van Gool
      This case concerns the negotiations of a deal by HgCapital, a UK-based private equity firm, to buy Visma, ASA, a Norwegian software company. Visma has received an offer from Sage Group, a strategic acquirer. HgCapital must determine if it wants to bid and how to outbid... View Details
      Keywords: Management Buyout; Deal Structuring; Negotiations; Private Equity; Finance; Valuation; Leveraged Buyouts; Negotiation Deal; Negotiation; Strategy; Europe
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      Gompers, Paul A., Karol Misztal, and Joris Van Gool. "HgCapital and the Visma Transaction (A)." Harvard Business School Case 214-018, August 2013.
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