“Unreasonable! Flabbergasted! Absurd!” Words like these, casually thrown about by parties or their advisors when negotiating a transaction can prevent a fair and productive resolution of transaction issues.  Negotiation is an art and the form it takes can make or break a deal. “Logical advocacy” is a term I like to use to negotiate transactions. Communicating the reasons for positions on issues and the logic behind the reasons goes a long way to the other side when understanding your concerns and working on the compromises being reached. The use of extreme words such as those listed above set forth at the beginning of this nugget can not only stymie negotiations, but also raise heightened concerns as to whether the more boisterous negotiator is trying to hide something. The M&A transaction is usually one of the most important events in a seller’s, and buyer’s, lifetime. So, staunch advocacy for each side’s positions is a must. However, the power of reason usually results in a better outcome and more successful transaction than the power of exaggerated posturing. And after-all, isn’t that what both sides want?

If you have any questions about this or any other M&A issue,
please contact Glenn Solomon at gsolomon@offitkurman.com or 443-738-1522.

ABOUT GLENN D. SOLOMON

gsolomon@offitkurman.com | 443-738-1522

Glenn D. Solomon is a principal at Offit Kurman and has provided counsel to businesses and business owners for more than twenty-five years. He has extensive experience in the purchase and sale of businesses, structuring ownership agreements, and advising companies in financial distress.

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 170 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our twelve offices serve individual and corporate clients in the Maryland, Delaware, New Jersey, and Northern Virginia markets, as well as the Washington DC, Baltimore, Philadelphia, and New York City metropolitan areas. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

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