New Book By Donald Dell

August 17, 2009

DUELING SPORTS LAWYERS

A few weeks back we took a look at David Falk's book The Bald Truth. Falk in his book was quick to let one know that he did not always respect his mentor Donald Dell. Well, it seems that Donald Dell has a new book coming out in a few weeks called Never Make the First Offer. In a recent interview for 'Go Magazine' (the In-flight Magazine AirTran.com) it seems Dell likes to say he was behind some of the biggest deals of all time including Michael Jordan's deal with Nike for Air Jordan. I think David Falk would take exception to this. Maybe Falk and Dell can settle this in a ring on pay per view.  The Sports Law community would love it.  The billing could be the under and over card FALK versus DELL and REINSDORF versus FEHR.


                         Donald Dell

Courtesy of AirTran.com, Dell lists four things that are essential when
entering into a negotiation:

1. BE PREPARED: Learn the company's history and how similar deals in the past have turned out. Do some research ahead of time. You want to know the person and the industry you are dealing with. If you have more information than the other person you have the advantage.

2. NEVER MAKE THE FIRST OFFER, EXCEPT WHEN YOU SHOULD: you try not to make the first offer because you want to listen and learn. Negotiators, the really good ones, are good listeners. By having someone else make the first offer you learn a lot. The only time to make the first offer is when you expect to be low-balled.

3. SIZE UP THE OTHER SIDE IN PERSON: I don't like to make deals over the telephone, depending on how important the negotiation is I'd rather do it in person because you can evaluate their reaction to things a lot better if you are sitting with them. Make sure the other person seems alert, sharp and ready. If they seem uneasy, it's unlikely a deal will go through.

4. BE READY TO LEAVE: I don't mean to over dramatize it, but there's going to be a moment of truth. One side is going to tell the other side that is what I have to have to get this deal done. If you can't work out the moment of truth or if you can't agree on what that is, you got to be prepared to walk away from the deal. That is often the hardest thing to do.
 


 

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