On a contract negotiation call, opposing counsel kept making sports references, such as “You got four out of six here, take the win and leave this one alone” in regards to reasonable modification...

Posting as :
works at
You are currently posting as works at

Just call him on it. “We’re talking about a legal document between two companies, not sports radio. Further, I can “give you” meaningless provisions while holding back the most important one. They are not of uniform significance.”

like

.. indemnity provision. Then some other BS about football, which I (F) didn’t understand since I couldn’t care less about football. All clients were on the call. And his anecdotes to try to assuage my concern about the terrible indemnity clause were completely counter-intuitive. Anyone experience this odd negotiation tactic?

like

I haven’t, but I guess I don’t see the football reference in your post either. Maybe I’m just missing them all the time?

I've known people to do this, almost always men, but thankfully I'm a sports fan myself so unless it's something particularly obscure I have no problem following them. But folks who talk like this often don't stop to think that others don't speak that language. I'd just stop him if there's something I don't get and tell him I don't follow sports so he'll have to use another analogy.

Executives of companies that do a lot of sales, and especially the ones that recruit high turnover employees, usually talk like this. There's probably some underground sales leadership networking group that teaches them to do this to build engagement. ROFL, its funny your client cannot separate that from his call with the attorney. I can't stop laughing, this really is funny. Especially trying to engender it in the cinematographic reenactment of that scene within the imagination of my brain. Just hang in there, ground him, and get engaged to give him comfort, or her.

Related Posts

What does Friday casual mean for you and your office?

For EY UK 🐠
What level/salary range can someone coming in with a Security Architect background target?

5 years as Security Analyst
5 years as Security Constant
2 years as a Security Architect

All in banking/finance

TIA!

Curious how much Amazon Web Services account managers make and what their job responsibilities are? Thanks!

like

Could someone share PWC Canada invite code or link?

like

Does anyone know about what it’s like to work for Amgen as a sales consultant?

like

Any thoughts to the group on the states opening up?

AZ here - I think it's too soon

like

Anyone raising desi kids in the US? What are are some of your fears?

like

Do you think diversity training actually works? I can't tell if it's just a way to tick a liability box or if it's actually effective.

like

Hey everyone I’m a new graduate with a bs in industrial and systems engineering currently looking around for full time opportunities. One role that caught my eye is sales engineering. I wanted to ask for opinions on this career path in terms of pay and career progression. Does it have good exit opportunities? What does the career growth typically look like for this role?

like

What's the total comp packages look like for big pharma for Sr. Manager or AD?

Is 130-150, 15% bonus, 15k rsu in line?

like

Hello Fishes,

My friend has recently joined
EY Gurgaon as a Manager in Startegy & Transaction Team.
He is saying EY has given that much he cnt say no though he has recently changed his last firm. As per him he is saying he got 55lakhs package it this true ? EY

Anyone else get shafted on promotions?

like

Dutch 🐠
Does anyone have any advice for getting an apartment in Amsterdam for an expat beyond the classic apply for everything in your budget?

How long does the SocGen HR take to get back after documents submission?
Is there a possibility that they do not get back?

like

I’m applying to some PE funds (currently a BA at a top consultancy). I want to know, assuming I get in, when can I buy myself a Ferrari and a yacht?

funnylike

Heard that in a Zoom call with all 2024 PE candidates today, the head of CPI was encouraging everyone to sit out of oncycle if it’s this early. If true, that’s huge given that CPI basically runs the game

like

How much do people make on average in VC after 2-3 years out of undergrad in MBB/IB?

like

Management consultants that have/are looking to move to investment team PE, if you had the time to do CFA , would you? Why/why not?

like

Hi Capgemini people, Till 15th November we have to declare our vaccination status so that they can plan back to office for the employees who are fully vaccinated or having report of not having covid. I am Fully vaccinated but if I declare that I am partially vaccinated will they get to know my bluff? Actually I am not much interested to go back to office as of now may be in february it will be fine for me
Capgemini

like

Additional Posts in Corporate Transactional Law

I recently left the gov’t for private practice with a M&A group. How does everyone bill when you are thinking about how to structure it and what docs need to get drafted? I’m learning that billing is an art so any canned language would be great!

likehelpful

What is Citis C12 equivalence in TD? ( I am in Citi Canada and have offer of L10 at TD Canada)

likehelpful

Any recommendations for a book/podcast/self study materials for a new finance attorney? I have no background in finance and was assigned to a finance group. Help me!!

like

Does anyone have insights into corporate group at Saul Ewing? Culture, pay etc.?

like

Are there State/federal (or other laws) that govern the closure of a store? The entity owns other stores and will not be dissolving. Just shutting down one of its stores.

likehelpful

Does anyone want to be my M&A coach? Will pay.

like

Second year associate looking to switch into transactional practice for a few years.
Which transactional practices have the worst and best non-law exit options (strategy, ops)? I understand M&A is the best, but how about debt finance? Fund finance? Aircraft finance? Thank you!

likehelpful

Do any real estate lawyers out there know of/can direct me to a ROFO agreement to purchase commercial property? I’m working on one now (but using a ROFO to purchase equity interests as a basis) and would like to see what other people are doing. Finding a good one has been hard, as this kind of thing isn’t always required to be filed with the sec and every search I’ve done basically pulls up garbage. Also, are there any provisions you’d consider absolutely crucial from the owner’s side?

like

As the indemnified party, do you exclude Indemnity obligations from the LoL cap?

like

I have an asset purchase of a retail store transaction. Seller is keeping the second location. Seller is licensing the name from the buyer. The licensing agreement is supposed to contain provisions so that the seller cannot offer promotions or discounts that the buyer does not also offer (i.e., seller cannot undercut buyer's pricing). I know very little about antitrust. Can anyone give me some suggestions how to enforceably draft this agreement, or is this arrangement impossible?

like

Curious as to how many deals at once is typical for a first year associate to take on (M&A, mostly private equity clients). Deal size is lower middle market and I’ve worked on deals ranging from $1-$110M. 2 deals at once is plenty for me, but it seems like my peers are able to take on more than that at once and still do fine. Maybe I’m just a slow learner/out of my league at the big law firm I’m at.

like

(First year if you can’t tell) if a contract has a date in the preamble and a separate effective date, which do you use for purposes of say scheduling contracts?

like

Anyone looking to relocate or in Cinci Ohio to work for a great team in a wonderful top 100 firm… dm me please! :)

Who’s planning on leaving after getting their bonus?

like

Junior associate here, should I ask for more money if my firm is about 10-15 percent less hours but about 30 percent less pay? The gap will never be closed to the top pay scale at my firm but when I decided to come to this firm the pay difference was about 15 percent and not 30. Would appreciate any thoughts on how to go about bringing this up without pissing people off because I love the firm and do not want to leave

like

Tips for becoming more independent as you progress from junior to midlevel? I am starting to be put into the position of just having to handle things including drafting and could use some advice from others.

like

Does anyone here work for Axiom or know someone who does and, if so, how difficult is it to stay fully engaged?

like

Anyone else at 2400+ and just dieing? I feel like I'm taking crazy pills over here reading these posts about being slow. West coast, egvc m&a and cap markets, top five by revenue globally. Is it really just our firm/office on an island?

like

First 70 billable hour week and am dying. How do some of you do this on a regular basis?

like

Any book recommendations on Clinical Trial Agreements?

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal