One of the biggest mistakes that many business people make is believing in the myth of the “standard form.” When someone with whom you want to do a deal hands you an impressive looking contract, many business people just check the basic terms like price and don’t believe they have the power to negotiate all the so-called boilerplate.
I believe that everything is negotiable.
Remember the old saying, “If you don’t ask, there is a 100% chance you won’t get”?
I am a good listener who asks probing questions to make sure that I understand my client’s optimal outcome. In other words, in the best of all possible worlds, how would you like to see this deal work?
Then I approach the negotiation from a win/win perspective, suggesting creative alternatives to restructure the deal to yield a positive outcome for my client.
My work as in-house counsel for five major companies (three insurance companies, a real estate developer, and a steel company) gave me a wealth of experience in handling many different types of transactions, including:
- Purchase and sales of businesses
- Joint Ventures
- Strategic Alliances
- Buy-sell Agreements
- Sales of distressed assets
- Supply agreements
- Exclusive distribution agreements
- Equipment leases
- Non-disclosure, non-competitions, and confidentiality agreements
- Dissolution of companies
Here are some examples of business transactions I’ve handled:
- Lead counsel for $54M asset sale involving 5 major planned communities
- Lead counsel for $60M stock sale of major resort to consortium of owners
- Coordinated development of master planned communities with complex amenity and membership structures that also needed to be registered under ILSA
- Handled leasing for 90 offices
- Closed hundreds of commercial loans secured by real estate
- Representing lenders in loan workouts, modifications, refinancings, and defeasance transactions
- Commercial lease preparation and negotiation and projects throughout the Carolinas
- Resolving title issues (cleaning up easements, restrictions, unsatisfied mortgages, liens, and judgments; correcting documents that didn’t properly vest title; resolving breaks in chain of title; restructuring improperly formed condominium projects)
- Forming numerous condominium projects and master planned communities