Breaking and associated brands will be offline for scheduled maintenance Friday Feb. 26 9 PM US EST to Saturday Feb. 27 6 AM EST. We apologize for the inconvenience.


Thank you for sharing!

Your article was successfully shared with the contacts you provided.

I. Practical Considerations

A. Your client wants to talk to XYZ Corp. tomorrow about a “deal.” He wants a “piece of paper” from you. What do you do? Ask questions!

1. Who is XYZ? What do they do? 2. Is XYZ public or private? 3. Why do you want to talk to them? 4. What do you expect to get from them? 5. What market affected? 6. Size of market affected? 7. Who else in the company knows about this?

B. Your client wants to go anyway! You should:

1. Draft a Confidentiality Agreement. 2. Prepare a “no authority” letter. Exploration discussions only until definitive agreement signed. Call it “Interim Negotiation Letter” or something with a “temporary” flavor. Make sure it includes a disclaimer of a final agreement (see Exhibit A). 3. Convince your client to take you along.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.