Peek Consulting -  Marcy Peek, Attorney-at-Law P:323-337-4831 (United States)
Publications

You can contact Ms. Peek at (323) 337-4831.

Ms. Peek has spoken at some of the most prestigious universities in the world, including Berkeley and Stanford. A frequently published scholar, Ms. Peek has written articles on a variety of topics.  Sample articles and law review publications are included below.  

Also included are articles from government agencies regarding issues in which MS. Peek has specific experience and expertise.

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5 TIPS ON SUCCESSFULLY NEGOTIATING BUSINESS CONTRACTS
By Marcy Peek, Esq. and Nora-Aponte Woodring, Esq.

Every business person enters into dozens of negotiations each year.  These negotiations may be formal, for example, when you are negotiating a Joint Venture Agreement, a Commercial Lease Agreement, or a Confidentiality Agreement.  Many business negotiations are more informal, such as negotiations to purchase office supplies, barter for goods or services, or negotiate a refund for services not performed as promised.
 
In either formal or informal negotiations, here are five strategies to help you successfully negotiate with another party.
  
1. Strive for an Amicable Negotiation, Rather than an Adversarial Negotiation

Many of us view a negotiation as a battle of interests, i.e., them vs. us or he/she vs. me. This notion is not conducive to a successful negotiation situation, and even less, a situation where a long-term business relationship will be fomented between the parties.
 
Remember: the other party -- just like you -- is giving a benefit and getting a benefit simultaneously. 

Most savvy (wise) business people strive to get the best out of the bargain while keeping the relationship going in order to do future business together.

In order to strike a balance between both the best deal and the potential of return
business, there has to be a give and take between the parties.

2. Begin by Knowing Your Bottom Line – What Can You Realistically Give or Get?

Define the goal of the deal you seek.  What do you absolutely need out of the deal -- for example, purchase 20 computers at a wholesale price that will make it profitable for you to sell at a retail price that is competitive? Have a price in mind that will be the absolute highest price you are willing to pay based on the terms (such as features of a product, or services that you require). 
 
Remember: do not disclose your bottom line to the other party.  

As we will discuss in the next Tip, you have to take into consideration that the other
negotiating party will also have a set price of the lowest price at which she or he is willing to make the deal.

3. Put Yourself in the Other Person’s Shoes  

This step cannot be skipped.
 
You have to ask yourself: (1) how much can the other person realistically give, (2) what is most important to the other person, and (3) what terms are of lesser importance?

Remember: the other party is also another human being who is doing business for a living or who represents the interests of an entity in business.

What is the ultimate goal of this individual in negotiating a deal with you, and based on that, what deal are they realistically willing to strike?  

4. Keep Emotions Out of Negotiations

Your ultimate goal is to strike a deal that allows you to conduct your business effectively. The goal is not to battle with the other party.  

Remember: emotions need to be kept out of the negotiation process because depending on what you are displaying, they either make you seem desperate, weak or overly aggressive. 

It is more effective to be firm while amenable to the reasonable expectations of the other party.

5. Don't Be Afraid to Ask

It is imperative that you do not show fear or wishy-washiness when asking for what you desire from the bargain.  

Remember: What is the worst that can happen?  Simply this: that you are told "No."

Be willing and ready to be told "No" and not take it personally (although in some instances, as we will discuss in a later article, you might want to escalate the negotiation up to someone with authority who can say “Yes”). Just like the other party, during negotiations you still hold the ultimate control of saying "No" and walking away.  

If you do not ask, you will never know whether the other party would have been willing to concede.
 
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CHILDREN'S PRIVACY
Published by the Federal Trade Commission
http://www.consumer.ftc.gov/articles/0031-kids-privacy

The Children's Online Privacy Protection Act (COPPA) helps you protect your children's privacy. Enforced by the Federal Trade Commission, COPPA requires websites to get parental consent before collecting or sharing information from children who are under 13 years old.Take advantage of your COPPA rights. Your child's personal information is valuable, and you can do a lot to protect it.


 
Check Out Sites Your Kids Visit. If a site requires users to register, see what kind of information it asks for and determine your comfort level. You also can see whether the site appears to be following the most basic rules, like posting its privacy policy for parents clearly and conspicuously. 

Review the privacy policy. Just because a site has a privacy policy doesn't mean it keeps personal information private. The policy can help you figure out if you're comfortable with what information the site collects and how it plans to use or share it. If the policy says there are no limits to what it collects or who gets to see it, there are no limits.

Ask questions. If you have questions about a site's practices or policies, ask. The privacy policy should include contact information for someone prepared to answer your questions.

Know Your COPPA Rights. COPPA covers sites designed for kids under 13 and general audience sites that know certain users are under 13. COPPA protects information that websites collect upfront and information that your kids give out or post later.

COPPA requires privacy policies. COPPA also requires these sites to post a privacy policy in a spot that's plain to see. The policy must provide details about what kind of information the site collects and what it might do with the information — for example, if it plans to use the information to target advertising to your kids or to give the information to other companies. The policy also should state whether those other companies have agreed to keep the information safe and confidential.

COPPA gives you the right to review collected information. As the parent, you have a right to see any personal information a site has collected about your child. If you ask to see the information, website operators will need to make sure you really are the parent; they may choose to delete the information. You also have the right to retract your consent, and have any information collected about your child deleted.

You Can Be Picky with Your Permission. Websites can request your consent in a number of ways, including by email and postal mail. Before you give consent, make sure you know what information the site wants to collect and what it plans to do with it. And consider how much consent you want to give; it's not an all or nothing proposition. You might give the company permission to collect some personal information, for example, but not allow them to share that information with others.

Report Any Site that Breaks the Rules. If you think a site has collected information from your kids or marketed to them in a way that violates the law, report it to the FTC at www.ftc.gov/complaint.

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Beyond Contract: Utilizing Restitution to Reach Shadow Offenders & Safeguard Information Privacy, Stanford University Press
By Marcy Peek

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Passing Beyond Identity on the Internet: Espionage and Counterespionage in the Internet Age
By Marcy Peek

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Information Privacy and Corporate Power: Towards a Re-Imagination of Information Privacy Law
By Marcy Peek


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