Litigation & Appeals

Skills

Live Online

35 Negotiation Traps Even Experienced Litigators Fall Into

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Florida Continuing Mediation Education Approved 7.2 Total
Kansas Continuing Mediation Education Approved 7 Total
New Jersey Continuing Mediation Education Approved 4 Total
Tennessee Continuing Mediation Education Approved 6 Total
Live Online
6 hours
Casey Erick
Ecleynne Mercy
David Lowe
Jon Kangwa
Eian Weiner
With Casey S. Erick from Lewis Brisbois Bisgaard & Smith LLP + 5 others

Tue, Dec 29, 00:00 AM – 00:00 PM

Product ID 102802

Register For Course

Course Includes
$429

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

Know the Tactic, Tell, and Counter

Manufactured deadlines. Feigned withdrawals. Concessions that "cost" nothing but are engineered to extract everything. The nibble that shows up right when you thought the deal was done. Once you know what to look for, these tactics are easy to spot - the problem is spotting them in the moment, at the table, under pressure, before you've already reacted.

This is a field guide to 35 distinct traps - the tactics used against you, the structural pitfalls of multi-party and mediated negotiations, and the mistakes you make on your own that have nothing to do with the other side at all. Whether you're heading into your next mediation, settlement conference, or eleventh-hour negotiation, you'll walk out with the pattern recognition to see the trap coming - and the counter-moves to make sure it doesn't work. Register today!

In one intensive day, you'll learn to spot (and shut down):

  • The exploding offer designed to make you decide before you can think.
  • The "friendly" case feedback that's actually an attack on your BATNA.
  • The nibble that shows up after you thought the deal was done.
  • The impasse that isn't real.
  • The bogey, the false flag, and the reciprocity trap that quietly cost you leverage.
  • The authority claim that's really a stalling tactic.
  • The provocation engineered to make you react instead of think.
  • The multi-party divide-and-conquer play and mediator pressure tactics hiding in plain sight.
  • The self-inflicted mistakes you may not realize you're making.

Abbreviated Agenda

  1. Pressure Tactics: Extreme Anchoring, Ultimatums, Exploding Offers, Manufactured Deadlines, and Feigned Withdrawal
  2. Multi-Party Negotiations: Isolation, Divide-and-Conquer Offers, and Other Tricks
  3. BATNA Attacks Disguised as Advice
  4. Good Cop/Bad Cop, Manufactured Impasse to Extract Concessions, and Positional Bargaining as a Weapon
  5. The Nibble and the Moving Target
  6. The Authority Trap
  7. Concession Misdirection: The Bogey, False Flag on Priorities, and Reciprocity Exploitation
  8. Information Traps: Overdisclosure, Underdisclosure, and Deliberate Misdirection
  9. Emotional Manipulation, Reputational Threats, and Reactivity Traps
  10. Mediator Pressure Plays: Caucus Manipulation, Anchoring, and "Mediator's Proposal"
  11. The Veteran's Blind Spot: How Skilled Negotiators Exploit Your Confidence, Reputation, and Style
  12. Your Own Worst Negotiator: 7 Common Self-Inflicted Mistakes
  13. Ethics of Negotiation - Where the Lines Actually Are

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Product ID 102802

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Florida Continuing Mediation Education Approved 7.2 Total
Kansas Continuing Mediation Education Approved 7 Total
New Jersey Continuing Mediation Education Approved 4 Total
Tennessee Continuing Mediation Education Approved 6 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in
  1. Pressure Tactics: Extreme Anchoring, Ultimatums, Exploding Offers, Manufactured Deadlines, and Feigned Withdrawal

  2. Multi-Party Negotiations: Isolation, Divide-and-Conquer Offers, and Other Tricks

  3. BATNA Attacks Disguised as Advice

  4. Good Cop/Bad Cop, Manufactured Impasse to Extract Concessions, and Positional Bargaining as a Weapon

  5. The Nibble and the Moving Target

  6. The Authority Trap

  7. Concession Misdirection: The Bogey, False Flag on Priorities, and Reciprocity Exploitation

  8. Information Traps: Overdisclosure, Underdisclosure, and Deliberate Misdirection

  9. Emotional Manipulation, Reputational Threats, and Reactivity Traps

  10. Mediator Pressure Plays: Caucus Manipulation, Anchoring, and "Mediator's Proposal"

  11. The Veteran's Blind Spot: How Skilled Negotiators Exploit Your Confidence, Reputation, and Style

  12. Your Own Worst Negotiator: 7 Common Self-Inflicted Mistakes

  13. Ethics of Negotiation - Where the Lines Actually Are

    1. Conflicts of Interest
    2. When Your Interest for a Quick Settlement Diverges From the Client's Interest in Continued Litigation
    3. Confidentiality
    4. Puffery vs. Misrepresentation Under the Model Rules
    5. Reportable Violation vs. Hardball You Just Have to Out-Negotiate
    6. Ex Parte Communications With a Mediator
    7. Client Communication and Informed Consent

Who Should Attend

This program is designed for litigators and dispute-resolution attorneys at any experience level who negotiate on behalf of clients.

Speakers

Casey S Erick
Casey S.
Erick
Lewis Brisbois Bisgaard & Smith LLP
Ecleynne Mercy
Ecleynne
Mercy
Mercy Law P.C.
David A Lowe
David A.
Lowe
Keegan, Juban, Lowe & Robichaux, LLC
MM
Malinda S.
McLeod
Wicker Smith
Jon Kangwa
Jon
Kangwa
Wood, Smith, Henning & Berman LLP
Eian S Weiner
Eian S.
Weiner
Wilson Elser
Speaker bio
Casey S Erick

Casey S. Erick

Lewis Brisbois Bisgaard & Smith LLP
Casey Erick

is a partner with Lewis Brisbois Bisgaard & Smith LLP and a member of the Labor and Employment practice. He focuses on commercial litigation and employment law. Mr. Erick has represented clients in both litigation and transactional matters that span across commercial law, labor and employment, real estate, consumer protection, and general litigation; including, but not limited to breach of contract, corporate trade secret theft, tortious interference, defamation, personal injury, fraud, and various other kinds of civil litigation. He is a member of the State Bar of Texas and Dallas Bar Association, and is board-certified in civil trial law. Mr. Erick earned his B.A. degree, cum laude, from the University of Mississippi and his J.D. degree from Baylor School of Law.

Speaker bio
Ecleynne Mercy

Ecleynne Mercy

Mercy Law P.C.
Ecleynne Mercy

is a highly accomplished attorney the proud owner and operator of Mercy Law P.C. She has also established Legal Upgrade, a company that offers various services and products related to legal guidance, instruction and wellness-based frameworks. The primary focus of Legal Upgrade is to assist individuals, businesses and communities in integrating wellness-based strategies into their daily legal lives and infrastructure. One of the key services provided by Legal Upgrade is an extensive workshop specifically designed to help students maximize their scores on the essay portion of the Georgia Bar Exam. Ms. Mercy has years of experience in helping repeat bar takers pass the bar, and she utilizes her expertise to provide valuable guidance and instruction to aspiring lawyers. Additionally, she oversees and directs various activities within Legal Upgrade. This includes training and supervising paralegal/support staff, conducting bar compliance reviews, providing case management training, monitoring deadlines, and performing firm audits. Ms. Mercy offers staff training programs in areas such as PI case management, family law case management, criminal defense case management, bar compliance, and system assessments. Furthermore, she conducts attorney trainings on a range of legal topics, including bar compliance, family law, criminal defense, general civil litigation, automobile and motorcycle accidents, slip and falls, dog bites, pedestrian impact cases, premises liability cases, and negligent security cases. Ms. Mercy's expertise in these areas allows her to provide comprehensive and specialized training to attorneys and law students. She is also actively involved in promoting legal awareness and civil rights. Ms. Mercy trains attorneys and law students to become legal observers, enabling them to monitor legal proceedings and ensure fairness. She conducts "Know Your Rights" seminars across the country, educating citizens about their constitutional rights when dealing with law enforcement. Additionally, Ms. Mercy serves as a legal commentator for Court TV, where she shares her insights and expertise on various legal matters. Her educational background includes a B.A. degree from Howard University and a J.D. degree from Western Michigan University Cooley Law School. Ms. Mercy holds memberships in several professional organizations, including the DeKalb Bar Association, State Bar of Georgia, Georgia Association of Black Women Attorneys, Haitian American Lawyers Association of Georgia, and Sister Care Alliance. These affiliations demonstrate her commitment to professional development, networking, and community engagement within the legal field.

Speaker bio
David A Lowe

David A. Lowe

Keegan, Juban, Lowe & Robichaux, LLC
David Lowe

is a partner with the law firm of Keegan, Juban, Lowe & Robichaux, LLC, where he focuses his practice in civil litigation, insurance bad faith, contracts, corporate matters, employment law, personal injury, and successions. He is admitted to practice before all state and federal courts in the state of Louisiana, and has been admitted to practice pro hac vice before multiple federal courts in other jurisdictions. Mr. Lowe has argued multiple cases before the U.S. Court of Appeals for the Fifth Circuit Court as well as before the Louisiana Supreme Court. He is a member of the Baton Rouge, Louisiana State, Federal and American bar associations. Mr. Lowe earned his B.A. degree from the University of Southwestern Louisiana and his J.D. degree from Louisiana State University.

Speaker bio
MM

Malinda S. McLeod

Wicker Smith
Malinda McLeod

is an attorney at Wicker Smith, where she focuses on premises liability matters. She earned her B.A. degree from University of Georiga and her J.D. degree from Emory University School of Law.

Speaker bio
Jon Kangwa

Jon Kangwa

Wood, Smith, Henning & Berman LLP
Jon Kangwa

is an attorney at Wood, Smith, Henning & Berman LLP. His practice includes commercial litigation, construction, complex tort, and casualty cases. Mr. Kangwa is a strategic litigator that has won numerous dispositive motions and tried cases to jury verdict. His previous experience includes working at a boutique defense firm where he specialized in trucking accidents, transportation loses, and toxic tort litigation. Mr. Kangwa also served the State of Illinois as an assistant attorney general. There, he defended government entities from lawsuits pertaining to civil rights and correctional healthcare. Before becoming an attorney, Mr. Kangwa was an honors student at the University of Florida where he received his undergraduate degree. He then relocated to Illinois and pursued his law degree from Chicago-Kent. While in law school, Mr. Kangwa earned the CALI Excellence Award in Trial Advocacy, an award given to the highest scoring student in each law school class. He also appeared on the school's dean's list.

Speaker bio
Eian S Weiner

Eian S. Weiner

Wilson Elser
Eian Weiner

is an attorney at Wilson Elser. He represents corporate entities, insurance companies, and individual insureds in all aspects of civil litigation. Mr. Weiner's practice focuses on defending claims involving general casualty, labor law, security, mass torts, premises liability, and transportation matters, as well as representing corporate clients in breach of contract disputes and commercial collections matters. He has had tremendous success navigating difficult insurance coverage and contractual indemnification issues essential to the transfer of risk, liability, and indemnity from his clients. Mr. Weiner provides comprehensive litigation and claims management, from intake to resolution. This process encompasses fact investigation, coverage evaluation and recommendations, reserve recommendations, and development of settlement and resolution strategies. He also represents businesses in prosecuting breach of contract and commercial collection claims, including judgment enforcement and the pursuit of post-judgment remedies to maximize recoveries for his clients. Mr. Weiner's practical approach and in-depth understanding of his clients' industries enable him to deliver tailored resolutions that achieve favorable, efficient outcomes. He also has been an active pro bono mediator with the New York Peace Institute since 2018. In recognition of his dedication to innovative conflict resolution, Mr. Weiner received a Distinction in Solution Generation from the International Chamber of Commerce in 2019. Upon graduating from law school, he was awarded a Certificate in Dispute Resolution from the Kukin Program for Conflict Resolution. Mr. Weiner earned his B.A. degree from The Ohio State University and his J.D. degree from Benjamin N. Cardozo School of Law, Yeshiva University.

Loading recommendations...

TOP FAQs

How do I access my courses?
Courses are available within your account. Simply login to your account and click on My Courses. If you require additional assistance please call our Customer Service Department at 800-930-6182.
Do you have options for attendees who are deaf or hard of hearing?
Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 7 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

Have more questions? Please Contact Us