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Negotiating Something from Nothing:
David (Entrepreneur) Meets Goliath (Big Company)



Rhett L. Weiss, J.D.
Executive Director, Entrepreneurship & Innovation Institute
Senior Lecturer of Management, Johnson Grad. School of Mgt.
Cornell University, Ithaca, New York USA

TechChill 2013, Riga, Latvia
12 February 2013

© 2013 Rhett L. Weiss. All rights reserved.




                                                              1
Introduction: Presentation Overview
•   Goals
    •   Help an entrepreneur negotiate successfully with “big players”
         •    Think and act like a strong, conscientious negotiator without being big
         •    But, know how a big player thinks and acts
    •   Provide quick exposure to strategy components, process, and tactics
    •   Warning: very high and quick orbit; short presentation (there is much more)
•   Content
       My background
       Typical entrepreneur’s view of negotiation
       Strategy’s 3 Dynamic Parts
       Sources of negotiation power
       Tactics
       Two strategy examples
       Best practices: 5 traits, 5 dos, and 5 don’ts
                                                                                        2
Introduction: RLW at a Glance
•   At Cornell
     – EII Executive Director; BR Suite, fellows program, events, other programming
     – Johnson Faculty: entrepreneurship, venture capital, & negotiations
     – Cornell Tech: Tech Enterprises course, executive educ’n center, + Technion Liaison
•   At Google
     – Strategic acquisition & development projects; Negotiated deals with PMs, CEOs
     – Conducted negotiation training worldwide
•   Pre- and Post-Google
     – Entrepreneur, innovator, “dealaholic”
     – Founded, co-founded: bulk mailing (Jr HS); DEALS® software (patent holder) &
       DEALTEK consulting, data center, commercial bank, RE dev., commercial fish farming
     – XM Satellite Radio, Orbital Sciences, Motorola, AOL, Oracle JV, & other deals
     – Boards of Directors; C-level positions; bank COO; boards of advisors; mentor
     – Consultant; former Big 4 director and national mgt. team; now, global consulting
     – “Recovering attorney”; corporate, business, finance, and real estate transactions
     – Presenter, author                                                                 3
Hey Entrepreneur, does this look familiar?




                                             4
Q: How do you negotiate with big players?
 A: The same way you eat an elephant!




                                            5
One Bite At A Time.




                      6
Negotiation Strategy’s 3 Dynamic Parts: Time, Power, & Info
 Information - 4 Types:                               Time
    Known to all sides:                                 Available time to each parties;
     Internet/public -- industry,                         time constraints
     market, or company info                             Timing strategy and tactics
    Known only to your side
                                                                       Power - 7 Types:
     (YS) & can be disclosed to             Time
                                                                          Title
     other side (OS); vice versa
                                                                          Reward/Punishment
    Known only to YS but
                                                                          Consistency
     cannot be disclosed to
                                                                          Charisma
     OS; vice versa
                                                                          Expertise
    Needed but not yet
                                                                          Situation
     possessed by one or
                                                                          Information
     more sides                       David vs. Goliath

                        Information                          Power


                                                                                            7

                                                                   7
Where does negotiating power comes from?


Perception,      Knowing Process,     Confidence,
Anticipation     Having Strategy      Ability to Act




                                                       8

                                       8
Negotiating Power




                        9

                    9
The Negotiation Process

    Closing the Deal

    Making the Deal



     Setting the Stage




      Preparation



                          10
   Reluctant            Flinching            Best offer
                            buyer/seller
        Tactics:                                 Uproar (we want  Flinch; Grimace
     Set the Stage         The list              it all)
                                                                   Play dumb, act
                           Feel, felt, found    First offer       smart


                           Trade-off              Funny money          Set aside
                           Good cop, bad cop      Splitting the        Decoy
        Tactics:
                                                    difference
     Making the Deal       Higher authority                             Red herring
                                                   Printed word
                           Squeeze                                      Nibble


                         Fait accompli            Withdrawn offer

          Tactics:       Set aside                Hot potato
     Closing the Deal    Turn down, walk          Throw away concession;
                          away                      So what?

Tactics: Entrepreneur can use them, too. And, they’re free!                             11

11
Two Entrepreneurial Strategy Examples --
     Example 1: Frame Disadvantages as Opportunities

    David’s Perceived              Framed as
                                                        … Goliath’s Opportunities
    Disadvantages …


 Limited Capital                                      Ready for Investment

 Lack of Experience                                   Open to New Ideas

 No Sales                                             Can Adapt/Modify Prototype



             Entrepreneur’s framing can shape larger party’s strategy and
                      behavior for the negotiation’s duration.
                                                                                    12

                                                                 12
Strategy Example 2: Pit Big Players Against Each Other




                                        SoBe

• Rivals can work against each other to their detriment and Entrepreneur’s benefit.
• Entrepreneur with strong “Plan B” pressures rivals to make concessions.
                                                                                      13

                                                                 13
Best Practices: 5 Traits of an Effective Negotiator

1. Understands and conducts negotiations as a process
    • A multilateral, interactive, and often iterative process to accomplish the
      goals of two or more parties
2. Does the homework on a regular basis
    • Masters the issues & their interrelationships
    • Masters information and adapts to changes in it
3. Maintains sensitivity and tolerance for interpersonal differences
    • Personality types
    • Nationalities, Cultures
    • Communication styles, methods, and content; notice the changes
4. Emphasizes areas of agreement, not disagreement
    • Explains and substantiates own points
5. Instills strong belief in OS that YS will uphold the deal
    • Shows integrity, reliability, and credibility
                                                                                   14

14
Best Practices: 5 Do’s

1.   Know your stuff – be on top of all sides’ facts, interests, and issues
2. Be a great communicator ( = listener, not just talker)
     •   Keep your side informed of all key negotiation communications
     •   Communicate regularly but carefully with OS
3. Consider own enthusiasm’s affect on concessions, agreements
4. Be alert to pressure
     • All sides are under pressure to deal, settle, compromise
     • Generally, the side under the most real or perceived pressure "loses”
5. “Keep your eye on the ball”: focus on movement, measure progress
     • Concessions and interim agreements
     • Statements, sometimes silence
     • Action, sometimes inaction
                                                                               15

15
Best Practices: 5 Don’ts

1.   Don't assume money or price is the all-important deal point
     •   After all, it probably isn’t
2.   Don't unnecessarily narrow your negotiating range or flexibility
     •   When possible, don’t be the first side to make an offer or name a price
3.   Don't disclose your side's time constraints, deadlines, or pressures
     •   . . . unless there is a compelling reason to do so
4.   Don't narrow the negotiation down to only one issue
     •   Negotiations are so much easier with at least two issues in play
5.   Don't become emotionally involved or egotistical
     •   Don’t get personal
     •   It’s typically counterproductive, and it’s a lonely place


                                                                                   16

16
 Time/Timing
 Power: 7 types
 Information: 4 types
 Strategies & Tactics
 Best Practices: traits,
  dos, & don’ts
 Thoughts & Actions:
  Know how Goliath thinks
  but don’t act like Goliath




                               17
Question or Comments? Please contact me!
       Rhett Weiss: rweiss@cornell.edu     18

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Rhett Weiss. Negotiating something from nothing TechChill Baltics, February12th, 2013

  • 1. Negotiating Something from Nothing: David (Entrepreneur) Meets Goliath (Big Company) Rhett L. Weiss, J.D. Executive Director, Entrepreneurship & Innovation Institute Senior Lecturer of Management, Johnson Grad. School of Mgt. Cornell University, Ithaca, New York USA TechChill 2013, Riga, Latvia 12 February 2013 © 2013 Rhett L. Weiss. All rights reserved. 1
  • 2. Introduction: Presentation Overview • Goals • Help an entrepreneur negotiate successfully with “big players” • Think and act like a strong, conscientious negotiator without being big • But, know how a big player thinks and acts • Provide quick exposure to strategy components, process, and tactics • Warning: very high and quick orbit; short presentation (there is much more) • Content  My background  Typical entrepreneur’s view of negotiation  Strategy’s 3 Dynamic Parts  Sources of negotiation power  Tactics  Two strategy examples  Best practices: 5 traits, 5 dos, and 5 don’ts 2
  • 3. Introduction: RLW at a Glance • At Cornell – EII Executive Director; BR Suite, fellows program, events, other programming – Johnson Faculty: entrepreneurship, venture capital, & negotiations – Cornell Tech: Tech Enterprises course, executive educ’n center, + Technion Liaison • At Google – Strategic acquisition & development projects; Negotiated deals with PMs, CEOs – Conducted negotiation training worldwide • Pre- and Post-Google – Entrepreneur, innovator, “dealaholic” – Founded, co-founded: bulk mailing (Jr HS); DEALS® software (patent holder) & DEALTEK consulting, data center, commercial bank, RE dev., commercial fish farming – XM Satellite Radio, Orbital Sciences, Motorola, AOL, Oracle JV, & other deals – Boards of Directors; C-level positions; bank COO; boards of advisors; mentor – Consultant; former Big 4 director and national mgt. team; now, global consulting – “Recovering attorney”; corporate, business, finance, and real estate transactions – Presenter, author 3
  • 4. Hey Entrepreneur, does this look familiar? 4
  • 5. Q: How do you negotiate with big players? A: The same way you eat an elephant! 5
  • 6. One Bite At A Time. 6
  • 7. Negotiation Strategy’s 3 Dynamic Parts: Time, Power, & Info Information - 4 Types: Time  Known to all sides:  Available time to each parties; Internet/public -- industry, time constraints market, or company info  Timing strategy and tactics  Known only to your side Power - 7 Types: (YS) & can be disclosed to Time  Title other side (OS); vice versa  Reward/Punishment  Known only to YS but  Consistency cannot be disclosed to  Charisma OS; vice versa  Expertise  Needed but not yet  Situation possessed by one or  Information more sides David vs. Goliath Information Power 7 7
  • 8. Where does negotiating power comes from? Perception, Knowing Process, Confidence, Anticipation Having Strategy Ability to Act 8 8
  • 10. The Negotiation Process Closing the Deal Making the Deal Setting the Stage Preparation 10
  • 11. Reluctant  Flinching  Best offer buyer/seller Tactics:  Uproar (we want  Flinch; Grimace Set the Stage  The list it all)  Play dumb, act  Feel, felt, found  First offer smart  Trade-off  Funny money  Set aside  Good cop, bad cop  Splitting the  Decoy Tactics: difference Making the Deal  Higher authority  Red herring  Printed word  Squeeze  Nibble  Fait accompli  Withdrawn offer Tactics:  Set aside  Hot potato Closing the Deal  Turn down, walk  Throw away concession; away So what? Tactics: Entrepreneur can use them, too. And, they’re free! 11 11
  • 12. Two Entrepreneurial Strategy Examples -- Example 1: Frame Disadvantages as Opportunities David’s Perceived Framed as … Goliath’s Opportunities Disadvantages …  Limited Capital  Ready for Investment  Lack of Experience  Open to New Ideas  No Sales  Can Adapt/Modify Prototype Entrepreneur’s framing can shape larger party’s strategy and behavior for the negotiation’s duration. 12 12
  • 13. Strategy Example 2: Pit Big Players Against Each Other SoBe • Rivals can work against each other to their detriment and Entrepreneur’s benefit. • Entrepreneur with strong “Plan B” pressures rivals to make concessions. 13 13
  • 14. Best Practices: 5 Traits of an Effective Negotiator 1. Understands and conducts negotiations as a process • A multilateral, interactive, and often iterative process to accomplish the goals of two or more parties 2. Does the homework on a regular basis • Masters the issues & their interrelationships • Masters information and adapts to changes in it 3. Maintains sensitivity and tolerance for interpersonal differences • Personality types • Nationalities, Cultures • Communication styles, methods, and content; notice the changes 4. Emphasizes areas of agreement, not disagreement • Explains and substantiates own points 5. Instills strong belief in OS that YS will uphold the deal • Shows integrity, reliability, and credibility 14 14
  • 15. Best Practices: 5 Do’s 1. Know your stuff – be on top of all sides’ facts, interests, and issues 2. Be a great communicator ( = listener, not just talker) • Keep your side informed of all key negotiation communications • Communicate regularly but carefully with OS 3. Consider own enthusiasm’s affect on concessions, agreements 4. Be alert to pressure • All sides are under pressure to deal, settle, compromise • Generally, the side under the most real or perceived pressure "loses” 5. “Keep your eye on the ball”: focus on movement, measure progress • Concessions and interim agreements • Statements, sometimes silence • Action, sometimes inaction 15 15
  • 16. Best Practices: 5 Don’ts 1. Don't assume money or price is the all-important deal point • After all, it probably isn’t 2. Don't unnecessarily narrow your negotiating range or flexibility • When possible, don’t be the first side to make an offer or name a price 3. Don't disclose your side's time constraints, deadlines, or pressures • . . . unless there is a compelling reason to do so 4. Don't narrow the negotiation down to only one issue • Negotiations are so much easier with at least two issues in play 5. Don't become emotionally involved or egotistical • Don’t get personal • It’s typically counterproductive, and it’s a lonely place 16 16
  • 17.  Time/Timing  Power: 7 types  Information: 4 types  Strategies & Tactics  Best Practices: traits, dos, & don’ts  Thoughts & Actions: Know how Goliath thinks but don’t act like Goliath 17
  • 18. Question or Comments? Please contact me! Rhett Weiss: rweiss@cornell.edu 18

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