Negotiating Research Collaborations

I’ve sat in on hundreds of hours of contract negotiations. Here are some of the better arguments that I’ve heard for amending a contract (with examples from my work as a construction lawyer). 1️⃣ Amendments to make a contract mechanism more practical A particular contractual process may be too burdensome, impractical, or otherwise won't generate enough value for the parties to justify the cost / effort. This argument can be used to streamline dispute resolution processes, extend deadlines for notice requirements (and time bars), cut down on reporting requirements, and simplify contractual mechanisms that need to be administered by busy commercial teams. 2️⃣ Amendments to assign responsibility to the party best positioned to manage the risk The party that has more ‘control’ over any given situation should be responsible for that situation. This improves value for money and reduces potential overpricing by parties that are ill-equipped to manage that risk. This argument can be used to shift certain obligations to the other party or negotiate better price and time adjustments if you’re expected to manage risks beyond your control. 3️⃣ Amendments to take into account other contracts, or other parts of this contract Sometimes there may be duplicate liabilities under a different clause or contract, obligations that put you in breach of another contract that you’ve entered into, or requirements to procure other contractual arrangements (e.g. insurance or supplier warranties) that aren’t commercially available. This argument can be used to remove certain indemnities if the remedy for breach is enough, include practical workarounds in the commercial scope instead of the contract terms, or introduce limitations to use ‘best endeavours’ or procure on ‘commercially available terms’. 4️⃣ Amendments to make the contract more equitable for both parties Many contracts are drafted to favour one side over another (i.e. to benefit the client paying the drafting lawyer). There’s scope to negotiate the contract to be more equitable, provide better value for money, and make commercial sense for both parties. This argument can be used to push for certain mutual indemnities, introduce objective criteria into situations where one party is assessing claims, or set up mechanisms for the broader business environment that both parties are working in (e.g. pre-agreed price adjustments for inflation or commodity price changes). What are some arguments in contract negotiations that you like or don’t like? ---- Btw, I’m working on a longer-form article on the better and worse contract negotiation arguments that other lawyers and I have heard (with practical examples and reasons) for the 6,429 people on my mailing list. If you’re interested, I hope you’ll subscribe via my website or the link in my profile and give it a read. #lawyers #legalprofession #lawfirms #contractnegotiations

❌ "We don't accept redlines to our terms." ❌ Well, as an in-house attorney, I don't always accept that position. Sure, there are some instances in which I agree that negotiating the terms isn't necessary. For example, if the deal is low risk to us, if the terms offered are well drafted and reasonable, or if my business client needs it signed asap and accepts the risks. But what about all those other times where I don't think it's in my client's best interest to sign the terms as-is? How do I get past this initial NO? My Secret 🤔➡️ With a thoughtful negotiation strategy that requires minimal effort from my counterparty and focuses on impactful yet reasonable asks. Aka I make it really hard for them to keep saying No to me. Here are three things I do - and recently did again - to get past NO during a tough contract negotiation. ✅ Run a gap analysis of the terms and identify my client's three top issues -- Aka I am reasonable because I'm only asking for three changes. ✅ Outline them in an email and explain WHY I am requesting these changes -- Aka I am respectful because I didn't send them my redlines after they told me they don't accept redlines. ✅ Schedule a call to discuss only those three issues and screen share a redlined draft showing my proposed markups -- Aka since we're on the phone already and I did all of the work, how can you say No to me again? I implemented this strategy last week and the counterparty agreed to all three changes. 🤐 This isn't the first time this approach has worked. My Client's Response: "Wow! I can't believe you got them to change their mind! I guess No doesn't always mean No." That's right. No doesn't always mean No. Especially when you use smart redlining and negotiation skills to navigate the situation. ❓Tell me, what are your best methods to get a counterparty to agree to your redlines after they've already said No? #gettingtoyes #negotiationskills #negotiationtips #contractnegotiations #fromnotoyes #corporatecounsel

Two years ago, I worked with a senior executive who had all the hallmarks of success - sharp intellect, a stellar track record, and a commanding presence. But something was missing. 🤔 Her team was disengaged. Collaboration was surface-level. Innovation had stalled. She came to me not for answers, but for transformation. Through our work, she began to shift - from being the smartest person in the room to the one who made everyone else smarter. She learned to listen deeply, to surface hidden tensions, to create psychological safety, and to draw out the quiet brilliance in others. She became a super facilitator. Harvard Business Review’s latest piece nails it: the most effective leaders today aren’t just visionaries or strategists - they’re facilitators of collective intelligence. They know how to: 🔸 Integrate diverse perspectives without diluting clarity 🔸 Create trust that fuels risk-taking and innovation 🔸 Guide conversations that unlock insight and action 🔸 Hold space for discomfort, ambiguity, and emergence Cultivating this most powerful kind of leadership is the work that fuels my soul as a team coach and facilitator. Because unreasonable ambition isn’t achieved through individual genius - it’s powered by the brilliance of the many. It takes all of us. 🔗 Read the full article: https://lnkd.in/gvTg774S #LeadershipReimagined #SuperFacilitators #CollectiveBrilliance #UnreasonableAmbition #ExecutiveTransformation #OrganisationalPsychology

The National Institute of Standards and Technology (NIST) team have spent over 12 months exploring how the key ethical research principles for biomedical and behavioral research with human subjects in the United States can be integrated into AI research. One being that by obtaining informed consent from research participants and designing studies to minimize risks they can ensure transparency and protect individuals' data. Additionally, selecting subjects fairly and avoiding inappropriate exclusion can help address biases in AI datasets. It is important to note that the authors of this document emphasize thoughtfulness rather than advocating for more government regulation. By adopting these ethical principles voluntarily, companies can demonstrate their commitment to responsible AI development and usage. You can read this fascinating report here: https://lnkd.in/d7-t5e8d

The Overlooked Growth Lever: Structuring IP & Partnerships the Right Way. Securing Intellectual Property or IP and structuring robust partnerships are crucial to driving product success and ensuring long-term growth. Here’s how to make them work for you: Safeguard Key Innovations: Protect patents, trade secrets, and trademarks to prevent competitors from capitalizing on your ideas. Draft Rock-Solid Agreements: Clearly define IP ownership and usage rights in every partnership. This prevents future disputes. Focus on Improvements: Include terms for ownership of improvements made during collaborations. Leverage Strategic Licensing: Use licensing agreements to monetize your IP while retaining control. Align Incentives: Create win-win partnerships by including shared revenue models or exclusivity terms. In sum, IP without protection is just an idea. IP, especially when it comes to partnerships, is more than legal necessities—it’s your competitive advantage. Have you secured yours? What’s one way you’ve used IP or partnerships to support your product’s success? Share your insights below! -------- 💥 I’m Olga V. Mack 🔺 Expert in AI & transformative tech for product counseling 🔺 Upskilling human capital for digital transformation 🔺 Leading change management in legal innovation & operations 🔺 Keynote speaker on the intersection of business, law, & tech 🔝 Let’s connect 🔝 Subscribe to Notes to My (Legal) Self newsletter

Who’s your team? If it’s only those who report to you, you’re doing it wrong. That’s the premise posed by Keith Ferrazzi, author of "Never Lead Alone", on a recent podcast episode of “Curious Leadership” with Dominic Monkhouse. You'll find it an interesting and at times controversial conversation. The concept is simple. Instead of building teams by org chart, build them by outcomes: Cross-functional, multi-disciplinary, formed around a specific objective, not a department. Not only does this improve collaboration and introduce new perspectives, it also creates shared ownership as team members see the value they bring to the goal. Research also shows that employees in cross-functional teams feel more prepared to handle unexpected change. And when you have teams from different parts of the organization, they are more likely to speak up without being intimidated by the hierarchy in the room. This concept is not new. It was pioneered by an insurance company in the 1950s and continued to gain popularity as the need for innovation became more pressing for businesses. It has been applied by Ikea, Microsoft, Ford, and many others. But this concept extends beyond the formal project teams in the company. It should extend to how you build your informal team within a company. Connecting and engaging with people from different parts of an organization gives you a better view of its performance, allows you to better understand the unwritten processes within the organization, and creates allies that can help you understand the context of the company. The concept can also extend to your personal life. While we tend to have friends who think in similar ways, we gain just as much from those who don't. They can shake the complacency in our mindset and force us to reframe personal decisions in a new way. So, who’s your team?

Effective cross-functional collaboration has never mattered more than it does today. As we adopt transformative technologies like AI and adjust to a fast-evolving workplace, we’re faced with an opportunity: to bring our teams together, sharing insights that can shape a stronger path forward. So, how do we make this happen? Start by creating intentional spaces for collaboration. Whether it’s monthly cross-functional meetings or projects designed to bridge teams, structured opportunities help connect the dots between departments. Even if one team could complete a project alone, think about the added perspective—and growth—that comes from inviting others in. Transparency is just as critical. When every team understands not only what they’re working toward but also how it connects to the broader mission, alignment and motivation follow. This clarity inspires teams to contribute their best work and feel part of something bigger. Empowering our teams to work across functions doesn’t just benefit projects; it builds resilient, human-centered organizations where every voice contributes to smarter decisions. What strategies have you found effective for building cross-functional collaboration?

From my new Harvard Business Review article, here’s how to create the second of four pillars that innovative organizations need – capability to forge strategic partnerships: You don’t have to contain yourself to your team or the organization when it comes to innovation. Great innovations can come from collaborations with suppliers, customers, universities, startups, or companies using relevant technology in a totally different way. For example, the jeans company Levi Strauss has been collaborating with Google to figure out what “smart” clothing might accomplish for users like truckers. But doing so needs focused and dedicated work. That means you need to find people within the team to do the long-term work of building those relationships, having speculative conversations, and hunting for partner capabilities which may not be immediately apparent. You don’t want to be Yahoo, which declined to engage with an ambitious early-stage company boasting a different business model: Google. What to do instead? Put specialists in strategic technology partnerships on the lookout. Have them work in collaboration with core business teams who can use these partnerships to make innovation happen. For example, many pharma companies have these types of partnership offices near MIT, and it’s an approach that can be replicated by a broad range of industries. Johnson & Johnson’s university collaborations not only facilitate investments and research partnerships, but through JLabs they also provide lab space and support services for promising start-ups without requiring an equity stake. This can give Johnson & Johnson an inside track with the start-up when the timing is ripe. The fruits of the program have been substantial — as of 2023, 840 incubations of companies in this network had yielded more than 290 deals or partnerships with J&J. (Have you used other methods to forge strategic partnerships? Please add them in the comments!)

Leading across borders is not just about strategy, it’s about adaptability. When I moved to the UK as an Area Manager overseeing operations across the UK, Italy, and Spain, I was stepping into a world of contrasting business cultures. What worked in one country often didn’t translate seamlessly to another. In the UK, efficiency was key. Structured work hours, quick lunches, and firm handshakes defined business interactions. In Spain, negotiations were animated and could stretch for hours; yet the same people who debated over 10 Euros would happily spend 200 on a meal, because trust was built through conversation, not contracts. In Italy, relationships drove business, deals were shaped as much by expertise as by shared values and genuine connections. Navigating these nuances taught me that success in international leadership isn’t about imposing a single leadership style, it’s about understanding, adapting, and aligning teams around a shared vision. What I’ve learned about leading globally: ✔ Cultural intelligence is a leadership skill. It’s not just about etiquette—it’s about understanding decision-making, collaboration, and motivation across different markets. ✔ Influence is built through trust. In international roles, credibility comes from fairness, consistency, and the ability to unify diverse teams. ✔ Adaptability is a competitive advantage. Business operates within cultures, not outside of them. The ability to pivot, listen, and integrate different perspectives is what drives impact. The more adaptable we are, the stronger we lead. How has cultural awareness shaped the way you lead?

#ThrivingToGetWorkDone Post 5 of 9: Aligning Interests and Incentives; Creating Win-Win Situations Aligning interests and incentives is crucial when collaborating with people who don’t directly report to you. It helps to ensure that everyone has a stake in the outcome and is motivated to contribute effectively. Here are two short use cases on how to activate this skill in routine work within the hospital industry: Use Case 1: Aligning Incentives for a New Patient Safety Initiative You’re leading a hospital-wide initiative to reduce patient falls. To ensure buy-in from various departments like Nursing, Housekeeping, and Rehabilitation Services, you propose an incentive program. “For every month that we achieve a 10% reduction in patient falls, the department with the most effective safety measures will receive recognition at our monthly staff meeting, along with a small budget for team development activities.” By aligning the incentives with the goal, you encourage all departments to actively contribute to patient safety, creating a shared sense of responsibility and motivation. Use Case 2: Aligning Interests in a Hospital Outreach Program In another scenario, you’re working on a community outreach program to increase health awareness. You recognize that different departments have varying interests, so you align them by saying, “Our goal is to reach 1,000 community members through this program. For every department that contributes significantly—whether by providing medical expertise, organizing events, or managing logistics—we’ll highlight your department’s efforts in our annual report, which is shared with our board and stakeholders.” By aligning their interests with the broader hospital goals, you ensure enthusiastic participation across the board. #My2Cents: Aligning interests and incentives ensures that everyone is working towards the same goals with the same level of enthusiasm. When people see how their contributions lead to mutual benefits, collaboration becomes natural, and success becomes shared. These posts aim to invoke a better overall environment by sharing practical ways to enhance workplace collaboration and productivity. How do you align interests and incentives in your workplace? Share your strategies in the comments! #Leadership #Teamwork #WorkplaceCulture #Incentives #HealthcareLeadership #ThrivingAtWork #Collaboration #HospitalAdministration