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Environmental Law 101: What Yahoo and Tumbir Show Us About Corporate America.

For those who care, Yahoo has announced that it is acquiring startup blogging site Tumbir for more than $1 billion. A new acquisition by Yahoo did not surprise Wall Street, but the decision by Yahoo CEO Marissa Mayer to keep Tumbir independent and leave its founder David Karp, a high school dropout, in charge did. This reminded me of an experience I had several years ago which I think is worth sharing because it epitomized...

Environmental Law 101: The Wisdom of Sun Tzu Applied to Environmental Negotiations.

The three step process I propose for achieving success in environmental negotiations consists of defining success up front, planning strategically and focusing intensively on the desired outcome. I have suggested that you should consider not only what your own objectives are (i.e., your “needs” as compared to your “wants”), but also the needs of the party with whom you are negotiating. Everyone has their own approach to negotiating; lots of speakers make lots of money...

Environmental Law 101: The Art of Environmental Negotiation According to Longfellow.

How does a regulated entity negotiate with a regulatory agency or a prosecutor? It’s a controversial subject which lends itself to never-ending debate. Longfellow wrote in the Saga of King Olaf that: “Strength is triumphant; meekness is weakness.” Is making a reasonable offer a sign of weakness? What is the psychology that drives the fear of appearing to be “weak?” Does this psychology help get a good settlement or does it stand in the way?...

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