“Congrats: you may have just deal-broken your client out of a federal antitrust investigation and prosecution.”

In a comment to Andy’s post on why saying “deal-breaker” in negotiations is a bad idea, Bruce Godfrey says it might sometimes be a good idea:

loudly rejecting a deal – obnoxiously, even – can be a righteous and client-protecting act.

if counterparty is wearing a wire or is unknowingly bugged by DOJ or other investigators like the SEC, it’s actually a mark of attorney professionalism to break that deal and break it LOUD and UGLY.

Does this really happen? Are there other situations where it might actually be in your client’s best interest to break a deal? Let us know in the comments to Andy’s post.


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