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The Negotiation
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Description

The Negotiation,
2070

Business and Legal, Panel

Barry Friedman
CEO, Fog Studios

Lee Jacobson
V.P. Business Development / Acquisitions, Midway Games, Inc.

Tom Buscaglia
The Game Attorney, T.H. Buscaglia & Associates
Game attorney Tom Buscaglia referees a publisher/developer negotiation between Barry Friedman and Lee Jacobson. These three gentlemen have combined game industry experience of 50 years and have logged thousands of hours negotiating contracts, deals and disputes. They present a condensed version of a negotiation that, in real life, could take days or even weeks to complete. Attendees have an opportunity to ask questions of them concerning what occurred during the negotiation for purpose for some of their actions and challenge the results of what occurred.

Attendees are presented with a draft of a contract terms to be negotiated. These terms are in a form presented by a fictitious publisher to a similarly fictitious developer. Attendees also receive a “red-lined” version of the same agreement containing revisions to the original agreement made by the developer’s counsel. There is also be a brief description of the relative bargaining positions of the parties including the need of the publisher for content for a game within the genre presented by the developer and a developer’s experience as well as potential interest from other publishers in the project. Every effort is made to have this presentation of the negotiation represent a realistic scenario.

The panel start with a point by point discussion of issues that were raised in the developer’s response to the initial proposal of the publisher. Each side then discusses their preparation and outline their tactics and goals prior to beginning the negotiation. The mock negotiation then begins. Their discussion demonstrates how some deal points, important to one party in the contract, are often concealed within the negotiation process. Parties may also discuss certain issues which are, in reality, merely bargaining chips intentionally inserted within the agreement by one party or the other in order to be able to appear flexible on some issues while taking a much harder position on others.

The presenters use their skills in an effort to show how what is often a very adversarial process can be successfully accomplished in a congenial and professional manner, even when the stakes are high.

Throughout the presentation those in attendance periodically are given an opportunity to ask questions of the presenters on the issues raised during the course of the presentation.

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