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Negotiation

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 →

Mastering Mega-Documents [Gaille Energy Blog Issue 38]

A few years ago I closed a Division of Assets Agreement at Latham & Watkins’ Houston office.  There was a lot of paper.  It took us more than an hour just to sign all the originals and acknowledgements.  Latham offered... Continue Reading →

Game of Thrones: Resolving Negotiation Impasses [Gaille Energy Blog Issue 22]

Energy companies often use a letter of intent, memorandum of understanding, or heads of agreement (“LOIs”) to quickly establish a transaction’s principal terms. LOIs are a few pages long and may only capture the basics of price and quantity. In... Continue Reading →

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