Health Care Law in Indiana, Dec. 20

A message from your Program Chair:
Many attorneys have clients in the health care field, or they have clients that have some business or litigation interaction with health care providers. This program takes a broader and more practical approach to the topic and is designed to provide applicable information for attorneys that do not regularly practice in health care legal matters. It will also be beneficial for attorneys and paralegals that are relatively new to the health care field. As a result, I believe that this program will be useful to a variety of attorneys throughout Indiana. We hope you will join us!

– David E. Jose, Program Chair

* Physician Employment & Contracting
– Including issues relating to compensation, compliance & restrictive covenants

– Including privacy/security/enforcement as well as litigation procedural implications

* Compliance Programs
– Including requirements, operations & recent enforcement issues

* Ethics in Fraud & Abuse

* Professional Licensing & Disciplinary Actions

* Real Estate Transactions
– Including standard issues as well as compliance & privacy/security considerations

* Malpractice Panel
– Including perspectives from plaintiff’s attorney, defense attorney, and legislative initiatives

David E. Jose, Chair
Plews Shadley Racher & Braun LLP, Indianapolis

Gina E. Arnett Thompson
Health & Hospital Corporation of Marion County, Indianapolis

Doriann H. Cain
Barnes & Thornburg LLP, Indianapolis

Schuyler J. File
Hall, Render, Killian, Heath & Lyman, P.C., Indianapolis

Shelley M. Jackson
Plews Shadley Racher & Braun LLP, Indianapolis

Philip J. List
SmithAmundsen LLC, Indianapolis

Ashley N. Osak
Faegre Baker Daniels LLP, Indianapolis

Michael Rinebold
Indiana State Medical Association, Indianapolis

Mark W. Sniderman
Sniderman Nguyen LLP, Indianapolis

Joel D. Swider
Hall, Render, Killian, Heath & Lyman, P.C., Indianapolis

Terry W. Tolliver
Supervising Deputy Attorney General, Indianapolis

Gregg M. Wallander
Hall, Render, Killian, Heath & Lyman, P.C., Indianapolis

6 CLE / .5 E – Tuesday, December 20
9:00 A.M. – 4:30 P.M.

– ICLEF Conference Facility, Indianapolis

– Ice Miller Law Office, Indianapolis
– DeFur Voran Law Office, Muncie
– May Oberfell Lorber Law Office, Mishawaka

– From your home or office computer

– Available statewide after Live Seminar date


ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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The Five Keys to Success in Reverse Auctions: Part 1

Notes on Negotiations
By Marty Latz, Latz Negotiation Institute

Do you know how Walmart has historically negotiated with new potential suppliers? I haven’t personally been involved in these negotiations, but a number of folks have shared their experiences with me.

I’ve been told that Walmart first sends out a Request for Proposal (RFP) to new potential suppliers asking for bids. Walmart then invites the bidders to send their representatives to Bentonville, Arkansas – where Walmart is based – and puts them in adjoining conference rooms. Walmart’s negotiators then walk back and forth between the potential suppliers, working them off against each other, largely on price.

Some of you may say this classic reverse auction is brutal (reverse auctions are where buyers have potential sellers bid for their business). Well, it can be brutally effective, especially if you’re buying commodities and a major differentiator between the suppliers is price.

Of course, many other big box retailers, grocery chains, and buyers of commodities run similar reverse auctions.

What should you do if you’re sitting in Conference Room A and your competitors are in Rooms B, C and D? Here are my first Two Keys to Success in Reverse Auctions (I describe my final Three Keys in my December column).

1.    Prepare a Strategic Plan and Write Down Your Goal
Auctions and reverse auctions are notoriously effective at getting bidders’ egos involved. After all, who doesn’t want to “win”? Actually, no one should want to “win” if by winning you get a deal that doesn’t satisfy your goals and interests.

According to social psychologist Robert Cialdini in his classic book Influence: Science and Practice, in 1973 ABC’s president of prime-time programming Barry Diller paid $3.3 million in an auction for a single television showing of the movie The Poseidon Adventure. The highest amount previously paid for a movie was $2 million for Patton. This $3.3 million payment was so huge ABC expected to lose $1 million on it.

Diller’s comment after he “won” is instructive. “ABC has decided, regarding its policy for the future, that it would never again enter into an auction situation.”

The solution? Prepare a written strategic negotiation plan – before the reverse auction – and identify your goal and where you will stop. Stick with it.

This will minimize the extent your ego and interest in “winning” will outweigh your strategic insights and preset evaluation of true negotiation success.

2.    Investigate Counterpart’s Interests/Options and Creatively Address Them
If you want to be the low-price leader in your industry with small margins and large volume deals – and this can be a very effective business strategy – you will love reverse auctions. Reverse auctions are designed to commoditize sellers so that only price differentiates them.

On the other hand, if this isn’t your business model, make a conscious effort before any reverse auction to investigate your counterpart’s non-price interests and focus on the long-term relationship and partnership.

How much do they value over-the-top customer service? How important is reliability to them? To what extent is your quality, efficiency and ability to consistently deliver important to their profitability? What about timeliness of response or ability to creatively address the inevitable challenges in these relationships?

Find out their crucial interests. Then address them by showing them how your option satisfies their interests to a greater degree than the low-price leader in the next room.

A client who provided laundry services to hotels once told me how he locked up a customer for a long time and prevented future reverse auctions. When his customer had a weekend crisis and called him at home Sunday morning pleading for help, he rallied his troops and worked through the night to satisfy that customer’s needs and interests.

That’s a true partner.

Stay tuned for next month’s column – where I share the final 3 Keys to Success in Reverse Auctions.

Latz’s Lesson:  Reverse auctions can be brutal for those selling anything – and that’s almost all of us. So check your ego at the door and transform them into partnership opportunities based on satisfying true interests.


Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts’ proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Advanced Issues in Real Estate, Dec. 9

ICLEF returns to the stunning and innovative setting of the Alexander Hotel nestled in the heart of downtown Indianapolis on Friday, December 9th for this year’s annual Master Series event.

Leading us once more is Ice Miller’s Philip L. Bayt. We have another solid line up of topics and faculty to lead our discussions this year:

• Tax Increment Finance: The New Deal

• What’s a Landlord To Do? Remedies For a Tenant Default

• High Volatility Commercial Real Estate Loan Regulations: The New Frontier

• Case Law and Statutory Update

• Ethical Considerations in Real Estate Transactions

• Looking Into 2017: Trends in Real Estate Deals (Panel Discussion)

Phillip L. Bayt, Chair
Ice Miller LLP, Indianapolis

Brian C. Crist
Ice Miller LLP, Indianapolis

John P. Higgins
Katz & Korin PC, Indianapolis

Dennis K. McKinney
Retired, formally with the Indiana Supreme Court Disciplinary Commission

Timothy E. Ochs
Ice Miller LLP, Indianapolis

James H. Schwarz
Benesch, Friedlander, Coplan & Aronoff LLP, Indianapolis

Abbe Hohmann
Site Strategies Advisory LLC, Indianapolis

David Compton
Pulte Homes of Indiana, Indianapolis

Joseph P. Hawkins
Senior Corporate Attorney- Duke Realty, Indianapolis

6 CLE / 1 E – Friday, December 9, 8:30 P.M. – 4:15 P.M.

– The Alexander Hotel – City Way, Indianapolis


ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Negotiation Strategies for Kids

Notes on Negotiations
By Marty Latz, Latz Negotiation Institute

As my law school colleague Barack Obama enters the final few months of his presidency, I’ve been thinking about legacies.  As a father, I’ve crafted a short list of negotiation tips, with the hope that my kids might benefit from the most crucial lessons I have learned in the last 25 years of studying and teaching negotiation.

1. Negotiate strategically – not instinctively
It’s never too early to start learning about what the negotiation research and experts recommend. Read it. Practice doing it (on your Mom and me, right?). Then evaluate and track what worked and what didn’t. You will improve.

2. Protect and preserve your reputation
You are already developing a reputation with your friends and classmates. It matters. Be kind, sincere, credible, trustworthy, giving, and a good human being. Apply the Golden Rule.

This will benefit you many times over in negotiations and in life. A reputation for the opposite will make life and negotiations far more difficult.

3. Relationships matter
It’s a small world, and you never know when you might run into someone from your past who could impact your future. They could be an investor in your startup or even be interviewing you for a job.

Don’t burn bridges. Stay true to your principles, of course, and don’t be insincere. But relationships have inherent value. Treasure, nurture and strengthen them.

4. Information is power – so get it!
The biggest mistake many young folks make in negotiations – and many adults too – is to consider the negotiation a forum in which to argue and persuade.

Take the opposite approach. Ask questions and listen deeply to your counterparts.

The Greek philosopher Epictetus said “we have two ears and one mouth so we can listen twice as much as we speak.” Wise advice. Listening will get you information. And information is power.

5. Explore interests underlying positions – find out why
Roger Fisher and Bill Ury in their classic book, Getting To Yes: Negotiating Agreement Without Giving In, explain the fundamental difference between interests and positions. Positions are what you want. Interests are why you want them.

Interests include the motivations, emotions, drivers or hidden agendas behind your counterpart’s positions.

Expert negotiators uncover parties’ core interests – why do they need to close the deal this year, why do they want that new job?

Then seek creative solutions to satisfy those interests.

6. Maximize your leverage – develop a better Plan B
What will happen if you don’t negotiate an agreement – what is your Plan B? This is probably the most powerful element in the negotiation world. The better your Plan B – the stronger your leverage. And vice versa.

Maximizing leverage, however, requires that you figure out your and their Plan Bs and that you take concrete steps to develop a better one. If you’re looking to sell your company, don’t just negotiate with Company A. Find another potential buyer and create an auction. Then negotiate.

7. Employ “fair” objective standards
We all want to be perceived as fair and reasonable. It’s natural. The best way to put a “fair and reasonable” negotiation hat on your head is to use independent, credible standards such as market value, precedent, experts, costs, profit margin, policy, etc.

Why is $20 a fair amount to pay you to mow our lawn? Because our neighbor pays you $25 to mow his, and our lawn is smaller. That’s the market.

8. Consider psychology when making your moves
Parties should get – and feel like they got – something in almost all negotiations. Help them walk away feeling good. How? Design an offer-concession strategy that includes room for you to move when it’s customary.

Your agreements will also then be more secure. Parties that feel screwed over often will find a way to undermine or get out of the deal. That’s a lose-lose.

9. Control the agenda
I know you’re growing up with cool new technological ways to interact. Use them appropriately in your negotiations.

But don’t discount the true power of the in-person meeting. It’s harder to say “no” in person than any other way.

Strategically consider how, when, where, whether, what to discuss, and how long to meet.

10. Don’t give up – persevere
One of the most undervalued negotiation skills is perseverance. Stick to your guns and don’t give up on achieving your goals even if it appears highly unlikely. Many deals close due solely to the parties’ willingness to keep working at it.

Stick-to-itiveness is one of my favorite words.

Latz’s Lesson:  It’s never too early to become a lifelong negotiation learner and to start negotiating strategically based on the experts’ proven research.


Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts’ proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Posted in Negotiation/Mediation Blog0 Comments

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