By Martin Medeiros I often write about negotiation, influence and persuasion and how to use these tools effectively to communicate our needs to the world. Specifically, what and how to negotiate on strategic, tactical and operational levels. When we want something, or someone approaches us for something, we can easily get pulled into the negotiation dynamic. If someone makes a personal […]
Game Theory Analysis of Trade War: Defecting from Political Tradition
By Martin Medeiros Readers of my blog should know of the decision support criteria that game theory offers. I use it to determine outcomes of deal negotiations, mediation, arbitration and litigation. Thinking I would have some fun with the model, and with clothespin on my nose watching U.S. politics in particular, I offer a text […]
Washington Supreme Court Strikes Down Trade Secret by Ride-sharing Companies
The Uniform Trade Secrets Act (Washington Version is codified in 19.108 RCW) generally protects secrets that have value and give the holder a competitive advantage. Washington Supreme Court struck down injunction protecting trade secrets in the face of public records laws in Lyft, Inc. v. City of Seattle link to decision here: http://www.courts.wa.gov/opinions/pdf/940266.pdf
One Negotiation, Three Small Mistakes, and Resulting Litigation
Imagine a relationship where two informed parties persuasively communicate their needs. They planned and considered the choreography of the deal and anticipated both the internal and external drivers required for success. Both sides forecasted acceptable probabilities to ensure mutual performance. The deal closed in a short period of time, the contract was fully performed, repeat […]
Three Strategic Patent Considerations for New Software Innovators and Policy Leaders
Three strategic dynamics may shape global innovation for decades on software and business methods. Alice and Progeny The U.S. Supreme Court’s decision in Alice and subsequent decisions by the Federal Circuit decreased the value of various information technologies by casting doubt patent eligibility for software. Artificial Intelligence ( AI ), machine learning and encryption related transaction handling […]
WHY CHINA BLINKED: CHINESE INTELLECTUAL PROPERTY LONG MARCH IP STRATEGY
By Martin Medeiros The western world contrived the primogenitor of intellectual property law protecting innovation in 500 BC, with modern concepts emerging in the 12th and 13th century in present day England and Italy. For copyrights, we note petroglyphs of the handprint of cave artists in Europe as well as Australia, perhaps a form of […]
SaaS Providers Be Wary of Pricing Model
Software as a service providers (Saas Providers) must be wary of the law before settling on a new pricing scheme. Discriminatory pricing may trigger customer and prospective customer claims among. For this reason getting your legal team on the product development and pricing team is essential. In addition to the business case, consider who the […]
9 Business Related Issues n the Tax Bill: Urgent Action Required
Our Read on issues that impact businesses from The Tax Cuts and Jobs Act By Martin Medeiros, Esq., CIPP/US The time to plan is urgent. The sausage-making is over with the new tax law being framed as a “tax reform” by some, a “tax cut” by some, “good for the economy,” and “bad for the economy,” by […]
Meta Data on Trade Secret Litigation
161 Negotiation Tactics: When you must negotiate with offensive, abuse or those who don’t follow the rules.
You have been there: you find yourself having to do business with someone who is rude, cuts you off, breaks the rules, disregards things outside their immediate interests, wings it on deals they voraciously pursue, breaches contracts with abandon but demands trust, is unable to empathize, and is totally indifferent to your asks in a […]