Controlling the Negotiating Process

It is important that you control the negotiating process. One example of a company trying to control the process surrounding its negotiating position is that Bank of America tried to keep cases pending against it from landing with U.S. District Judge Jed Rakoff, in the hopes of avoiding another confrontation with the judge over the bank's handling of the Merrill Lynch takeover. Bank of America sent a letter to U.S. District Judge Denny Chin that asked that about 15 civil shareholder lawsuits pending before him be assigned randomly and not handed to Judge Rakoff.