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Negotiation

Suspension Agreements as an Alternative to Force Majeure [Gaille Energy Blog Issue 82]

Lawyers often gain valuable experience by accident.  This was the case with me and force majeure.  A couple of weeks after 9/11, I joined Occidental Petroleum’s business development office in Dubai.  As the youngest person on the team, I received... Continue Reading →

Are Longer (More Detailed) Contracts Better?  [Gaille Energy Blog Issue 80]

Over my 25 years as an energy transactions lawyer, I have watched as agreements of all kinds have become longer and more detailed.  Last week, I was in Canada (-21 degrees) helping a client develop a new agreement. The precedent previously... Continue Reading →

Strange Tales of Energy Travel: Togo’s Crucifixion Beach [Gaille Energy Blog Issue 76]

Energy companies often do business in places that are not part of the Instagram travel circuit.  Visas can be difficult to obtain, and tourism is virtually non-existent.  These nations also tend to be home to extraordinary characters with unusual stories. ... Continue Reading →

Time & Patience: Napoleon’s (Hard) Lesson for Negotiators [Gaille Energy Blog Issue 67]

“The strongest of all warriors are these two — Time and Patience.” – Leo Tolstoy, War and Peace Even if both parties must conclude a deal, we must consider the question of Time—by when does each need to reach agreement.... Continue Reading →

Does Your Negotiating Style Resemble a Fox or Hedgehog? [Gaille Energy Blog Issue 65]

“The fox knows many things, but the hedgehog knows one big thing.” – Archilochus of Paros, 7th Century, B.C. Courses at Yale, Oxford, and the United States Naval War College have used the aphorism of the fox versus the hedgehog... Continue Reading →

Beware of Trickster Lawyers [Gaille Energy Blog Issue 50]

Fans of Breaking Bad and Better Call Saul are familiar with the character of Saul Goodman (aka Jimmy McGill): Jimmy is a good example of . . . a “trickster lawyer.”  The idea is that many talented lawyers resemble the... Continue Reading →

Dynamic Profit Sharing for Startup LLCs [Gaille Energy Blog Issue 45]

Energy ventures often begin with the formation of a limited liability company (LLC).  A handful of founders agree to contribute their skills and relationships toward a common purpose—the success of the LLC.  Just like new parents, the founders are giddy... Continue Reading →

The Oscillation of Negotiations [Gaille Energy Blog Issue 44]

At any given moment in the negotiation of a contract—or in the settling of a dispute—the two parties may be more (or less) predisposed toward concession.  Each party’s willingness to compromise is not flat or linear.  It is ever oscillating... Continue Reading →

Handbooks for Energy Contracts [Gaille Energy Blog Issue 43]

Transactional lawyers tend to disengage after the closing. That’s a mistake in the energy industry. Our joint venture agreements endure for decades. Our construction contracts last for years. After the closing, non-lawyers usually assume responsibility for implementing documents spanning hundreds of pages.... Continue Reading →

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