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The Strategic Negotiator

Published by Business Development Academy
Format: Book (hardcopy)

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The Strategic Negotiator by David WanetickThe Strategic Negotiator is a comprehensive manual for negotiating deals at the highest level

The Strategic Negotiator breaks the mold on negotiation treatises, taking a singularly practical, real-world approach that you will refer to again and again as you prepare for critical dealmaking activity. In this 800-page resource you’ll find powerful negotiation lessons delivered with through case studies and examples that make complex concepts not only clear but interesting and readable.

Now you can confidently navigate your way through important deals with powerful and proven negotiation techniques:

  • Learn powerful negotiating gambits such as Moonwalk, Circular Saw, Velvet Crowbar, Two-Step Dance, the Hindenburg, and many more
  • Find specific strategies for outflanking bullies, frenemies, bosses, enforcers, and preventers
  • Understand the intricacies of Negotiating Due Diligence, Liquidation Preferences, Bilateral Options, and Wedges
  • Get an in-depth overview of Entry of Competitor Provisions and Most-Favored Nation Clauses
  • Discover specific tactics you can apply to your negotiations, and recognize the moves of your counterparts:
    •  how to create leverage
    • how to properly sequence contentious issues
    • how to negotiation around valuations
    • how to use agents effectively
    • how to manage concessions
    • how to overcome deadlocks and impasses

You’ll find virtually every situation you’ll encounter covered in this comprehensive resource!

Table of ContentsTestimonialsCase Studies

Summary Table of Contents

Click here for detailed contents

  • THE OPENING SALVO
    • Costs and Risks of Negotiations
    • Avoiding Negotiations
    • Fundamental Tensions in Negotiations
  • LEVERAGE IN NEGOTIATIONS
    • The Importance of Leverage in Negotiations
    • The Power of Process
    • Auctions Versus Direct Negotiations
    • Sequencing Negotiations
    • Negotiating Downrange
  • PREPARING FOR NEGOTIATIONS
    • Elicitation Strategies
    • Question Deflection
    • Achieving Internal Alignment
    • Initiating Negotiations
    • The Negotiating Venue & Seating Arrangements
    • Managing Negotiating Teams
    • The Importance of Listening
    • Preparing for the Negotiations
    • Negotiating Nimbleness, Cosmetology
    • Negotiating with Numbers
  • THE WEAPONIZATION OF WORDS
    • The Silent Treatment
    • Specificity and Ambiguity in Agreements
    • Word Recoiling and Key Words and Phrases
    • Using Humor in Negotiations
    • Love Bombing a.k.a. Flattery
    • Grease the Wheels
    • Checkbook Negotiations
    • Negotiating Written Agreements
  • NEGOTIATING AGAINST PEOPLE
    • Fractionalizing the Adversary
    • Fractionalization Prevention
    • Negotiating Against Frenemies
    • Negotiating with Preventers and Enforcers
    • The Role of Agents in Negotiations
    • Negotiating with Bosses with Bullies
    • Emasculating Goliaths
  • NEGOTIATING AGAINST TIME
  • NEGOTIATING PRINCIPLES
    • Adversary Removal
    • Always Articulate Your Pain
    • Concessions Management
    • Defeating Deadlocks
    • Framing Negotiations
    • The Power of Precedents
    • The Rationality of Irrationality
    • Signal Jamming
  • NEGOTIATING TACTICS
    • Understanding and Defeating Common Negotiating Tactics
  • CONCLUDING NEGOTIATIONS
    • Managing the Closing
    • Post-Negotiations Behavior

 Testimonials

“Packed with excellent case studies. Well-written, practical and thought-provoking.”

Marc Sandy
BlockCounsel
IBM


“Throughout more than 700 pages and with more than 100 case studies, David Wanetick demolishes the win-win gospel ingrained in the minds of so many ivory tower academicians.”

Josh Cline
Managing Director
Venture1st


“David Wanetick has written the treatise on negotiations! It is absolutely a must read for negotiating! His ability to illuminate a multitude of negotiating strategies and to work within them to achieve favorable outcomes is invaluable!”

Wesley Muller
Managing Counsel
Under Armour


“The Strategic Negotiator is a fast, enjoyable, enlightening and funny read. David Wanetick is a true master at storytelling while at the same time flawlessly integrating various negotiating strategies. Each reader will definitely connect with his stories on a personal level making it easy to learn new negotiating skills.”

Edward C. MeagherPartner
Carter, DeLuca, Farrell & Schmidt LLP


“The Strategic Negotiator fuses encyclopedic detail with methodical structure. An invaluable resource that executives at all levels should rely upon when preparing for negotiations.”

Alan Leal
Global Technology Licensing & Transfer
Hewlett Packard Enterprise


“Academic works on negotiation are too often filled with hard to grasp models and abstractions. Business books on the topic have become popular since Getting to Yes, but typically each promotes its own narrow point of view offered up as some kind of negotiation panacea.

The Strategic Negotiator does not prescribe some “one size fits all” approach, or repeatedly promote the latest negotiating fad. Rather, author David Wanetick cuts through to the heart of the process, making difficult concepts simple to understand. He provides a comprehensive menu of tactics to employ across most negotiating contexts that professionals will ever face. In The Strategic Negotiator, Wanetick also offers multiple real-world examples to illustrate each key concept. He expertly discusses the tactics and the factors that go into formulating each aspect of a winning negotiating strategy.

This is the kind of rare book that manages to provide both a clear roadmap for the newcomer and sophisticated insights for the seasoned professional. I wish I had a copy of The Strategic Negotiator twenty years ago, but I am very happy to have access to this incredible resource today. Going forward, I expert to refer to The Strategic Negotiator often to help my clients reach their goals.”

Len S. Smith
Chief Business Officer
Heliae


“The Strategic Negotiator reads like a modern-day treatise from General Sun Tze, author of The Art of War. David Wanetick brings sharp intellect to the art of negotiations.”

Dr. Alfred Tan
Head of Knowledge Transfer Office
Hong Kong Baptist University


“Phenomenal. Full of well-supported and powerful negotiating lessons. This is not the kind of book you want to fall into your opponents’ hands.”

Frank Razavi
Director of Business Development
Purdue Research Foundation


“The Strategic Negotiator is an exceptional masterpiece and a must have for anyone who is serious about crafting a winning negotiating strategy. The depth of research and insight that went into this book without a doubt makes it the #1 resource for strategic and tactical negotiating. There are many resources in the marketplace pertaining to negotiating but this book by far supersedes all of them due to David’s ability to take complex negotiating theory and contrast it with real world applications. I highly recommend this book for business owners, executives, managers, negotiators, government officials, professors, students and others around the globe.”

Anthony L. Green
IP & KM Team Lead, Research & Development Center
Saudi Aramco


“Brilliant! David Wanetick brings high-level negotiations alive with well-written case studies and rigorously researched examples of important negotiating lessons drawn from history and from a diversity of industries.”

Frank Vollrath
Vice President – Contract Management
Charter Communications


“The Strategic Negotiator provides an intriguing balance of real-life negotiating case studies with well thought out hypotheticals that are applicable across multiple industries. The scenarios presented are applicable to most high-level business transactions including recruiting, procurement, capital finance, licensing, and mergers and acquisitions.”

James Arnold, Jr.
Senior Counsel
Eastman Chemical Company


“A much needed alternative to the academic approach to negotiations. A delightful read. Exhaustively researched. Wonderfully written. Powerful lessons succinctly imparted.”

Allen M. Lo
Deputy General Counsel (Patents)
Google Inc.


“In his newest book, The Strategic Negotiator, David Wanetick provides a refreshing alternative to the Marquess of Queensberry approach to negotiations promoted by ivory tower academicians. Using extensive examples from history and current affairs, he gives us a refreshingly candid, behind the scenes look at the complexities of the negotiation process. In doing so, he breaks down what can be daunting into bite sized pieces, each of which can be mastered to gain overall advantage.

While many theorists focus only on a win-win in a transaction, David demonstrates how it can sometimes be a prescription for failure. In many instances, it may be more prudent to walk away. This book offers a step by step roadmap to maximize one’s leverage before, during and after the negotiation. A toolkit for success in the real world, it should be required reading for anyone wanting to gain critical insights into the process and negotiate from a position of strength.”

Krishna Mohan
Global Director of Licensing (retired)
E.I. DuPont de Nemours & Co.


“The Strategic Negotiator is a great read for both those who negotiate for a living and for those simply intrigued by negotiation. David Wanetick has given us an extraordinarily comprehensive work that examines virtually every challenge that can emerge in a negotiation and a multitude of techniques to achieve the desired result. It is presented through a vast number of stories, across time spans and civilizations making it both highly readable and entertaining. He manages to artfully weave together real-life examples that serve as proof points for his point of view.

There is no sugar coating here. The reader is repeatedly reminded that negotiating is not for the faint of heart and oftentimes you’re up against someone who doesn’t share your values or who simply lies and acts in bad faith. Lies and treachery are to be expected and the win-wins, that we as mediators are always seeking, are not the goal of negotiators. Mr. Wanetick speaks to an interdisciplinary approach to negotiation, utilizing game theory, economic principles and business management, but he doesn’t ignore the soft skills. Everything from utilizing humor in a negotiation to how best to negotiate with your boss, bullies and Goliaths is addressed. There is much to learn and enjoy from this well-crafted work.”

Noah J. Hanft
President & CEO
International Institute for Conflict Prevention & Resolution


“The Strategic Negotiator is an excellent book that imparts valuable negotiating lessons that will benefit licensing professionals, deal-negotiators, contracting lawyers and technology savvy engineers involved in a wide array of negotiations. I particularly enjoyed reading the “Importance of Leverage in Negotiations” section as it makes the reader foresee the end goal at the beginning of the deal. There is no-nonsense in this some 800-page book.”

Ramesh Kuchibhatla
Technology & IP Strategist, Intellectual Property Group
Microsoft


“Like a photographer with a giant zoom lens, David Wanetick takes the negotiation professional from a wide-angle view to an up-close examination of effective negotiations. He moves from theory to application, from concept to impact, arming the reader with tools to increase efficacy and close better deals. After establishing principles of negotiating strategy, David Wanetick expertly instructs the reader on how to properly prepare for a negotiation, how to effectively use language, and how to deal with the human and time dynamic present in all negotiations. He outlines an array of specific negotiating strategies and tactics while using scores of case studies which help the reader expertly apply the principles discussed.

This is not a beginner’s survey. David Wanetick has upped the ante with an elite-level expose on negotiations, sure to sharpen the saw of even the most experienced negotiator.”

Bryan P. Lord, JD/MBA
President & Founder
New Venture Advisors LLC


“The Strategic Negotiator brilliantly addresses the nitty-gritty of outflanking opponents in high-level negotiations. David Wanetick is deeply analytical and painstakingly thorough in his treatment of strategic negotiations. I believe that this book is destined to become one of the core instructional tools on the topic, the numerous examples and case histories used to reinforce the concepts create a compelling and entertaining read.”

McGavock Dickinson Bransford
Managing Director
Mid-Market Securities, LLC


“If you think that there is nothing more you can learn about the subject of negotiations, think again. If you think that nothing more can be said on this topic, read this book. It is bursting with new, thought-provoking ideas.”

Peter A. Drucker
Director, Global Litigation
AkzoNobel

“David accomplishes the impossible! Through a herculean effort, he resets the bar in negotiating standards. Everyone who reads The Strategic Negotiator will find something tangible and practical to advance their negotiations.”

Aris Despo, MSc, MBA, CPVA
Chief Executive Officer
Parabiotic Research & Development Corp.


“The Strategic Negotiator is a welcome addition to my bookshelf. The superb case studies inside provide real world, concrete examples of the tools every skilled negotiator must possess. Highly recommended.”

Eric D. Kirsch
Chief IP Counsel
Nikon Corporation


“The topics raised in The Strategic Negotiator are discussed with the depth and intensity of four dimensional chess. A wealth of original negotiating strategies and considerations are introduced. Practical and powerful.”

Elliot Papageorgiou
National Chairman of Intellectual Property Working Group
European Chamber of Commerce in China


“Impressive variety of topics and fascinating personalities revealed. A MUST Read!”

Fred G. Jagar CBI, M&AMI, CMAA
Senior Managing Director
Invictus Advisors, LLC

Case Studies

  • Pocketing Win-Win Propositions
  • Negotiating Contentious Invoices
  • It’s a Cruel World – Colonel Tom
  • Winning Approval for a New Shipping Port
  • Aristotelian Argumentation
  • The Process of Ratifying the United States Constitution
  • Sequencing a Venture Capital Raise
  •  ESPN and the National Football League
  •  Sequencing the Sale of Partnership Interests
  • Sequencing Negotiations to Shield Payments
  • President Ronald Reagan vs. the Professional Air Traffic Controllers Organization
  • Negotiating Great Britain’s Exit from the European Union
  • Salvaging a Deal by Any Means Necessary
  • Sneak Peaks: The Risks of Pre-Auction
  • Inducing Bidding
  • You Figure Out How to Give Us What We Want
  • Negotiating in the Weeds
  • Anti-Assignment Antidote
  • Post-Acquisition Contingent Payments
  • License Conversion: Exclusivity to Non-Exclusivity
  • Bilateral Break-Up Fees
  • Choreographing Hand-Offs in Partnerships
  • Structuring Philanthropic Contributions: Managing the Back-End
  • Avoid Appealing Deal Structures Built on Quicksand
  •  Negotiating Contingency Arrangements
  •  Negotiating Contingency Agreements with Patent Lawyers
  • Investing in a Start-Up Company
  • Negotiating in Bad Faith
  • Chain Reaction: Equity Investment and Acquisition
  • The Importance of the Location of Funds
  • Negotiating Improvement Rights
  • Optionality and Penalties With Respect to Development Rights
  • Negotiating a Convertible Bond Raise
  • Negotiating Contingency Capital Raises
  • Compensating Payments
  • Ascending and Descending Royalty Rates
  • Amortization of Investment Over Time
  • Negotiating Against the Opponent’s Own Numbers
  • Litigation Benefits of Negotiating Multiple Deals Simultaneously
  • The Strategic Negotiator I 2 Allocating Partner Responsibilities
  • Paying Up for Additional Releases
  • Subsidizing the Rollout of a New Technology
  • Negotiating Against Godfather Money
  • Negotiating from Cell 18
  • Attracting Key Executives
  • Negotiating with Taxi Drivers in the Dead of Night in the Middle of Nowhere
  • Respectful Regicide
  • Negotiating the Terms of Self-Inflicted Sabotage
  • Negotiating Solar Panel Tariffs with the Chinese Government
  • Alibaba Versus the Chinese Government
  • Outflanking Regulators
  • Mr. Smith Goes to Washington: Negotiating with Regulatorsin Times of Crisis
  • The Cost of Failing to Set Deadlines on Memoranda of Understanding
  • Negotiating Discounts in the Shadow of a Vendor Being Acquired
  • Negotiating Payment Terms
  • Negotiating Lessons from Lucille Ball
  • Negotiating Around Union Rules
  • Negotiating an Infringement Indemnification Agreement with a Recalcitrant Client
  • Negotiating in the Context of Misaligned Interests
  • Pain Amplification
  • Furtive Fratricide
  • Anatomy of a Successful Negotiation: Tesla Negotiates with the State of Nevada
  • Michael Jackson’s Acquisition of ATV Music
  • Coalition Crashing
  • Responsibility for Transferring Know-How
  • Risks of Being First to Approve an Agreement
  • Royalty Auditing Rights
  • Negotiating the Integration of Disparate Corporate Cultures
  • Open-Term Negotiations

About the Author

Tech Transfer Central is proud to partner with the Institute of Strategic Negotiations (ISN) in bringing this important negotiation manual to our customers. Senior executives from all over the world depend on products and courses provided by ISN, a division of the Business Development Academy (BDA). DAVID WANETICK is the CEO of ISN and author of The Strategic Negotiator: A Manual for Negotiating at the Elite Level. His clients include some of the largest Fortune 500 companies as well as start-ups, universities and private equity firms.

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The Strategic Negotiator is available to our Tech Transfer Central customers for the discounted price of $495 (plus $30 shipping and handling) – that’s $300 off the regular price of $795. With so much on the line with your next deal you can’t afford to pass on this limited-time offer. 

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