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Continued attention in both the popular and academic press regarding negotiation and the related concepts of influence and persuasion is nothing short of astonishing. The topics on which we focus in this article, however, are rarely-if ever-vetted in such outlets. We venture, with some measure of caution, into the dark side of negotiation: those tactics that may be duplicitous, unethical, and unprincipled. Such tactics provide a quintessential moral hazard, as they are both brutally effective and rarely illegal. It is not our intent to provide a treatise on unsuitable behavior. Rather, our objective is to establish that no one need be victimized by such behaviors, as all of these tactics are avoidable. It is in this spirit that we provide some guidelines on self-defense in a negotiation context to avert and attenuate the consequences of these behaviors.

Whether they know it or not, every person is a salesperson. Too often, individuals neglect this covert reality and suffer because of it. This article stresses the importance of putting your best face, and foot, forward in order to "sell".

We believe that the practice of threat as a negotiation tactic is essentially without merit. While its risks are outsized, its benefits are few, if any. This renders threat utterly bankrupt as a strategy. Herein, we explore the drawbacks of threat as a negotiation tactic, and offer a series of practice pointers relevant to threat and its potential defenses.

Although women are making slow inroads onto the boards of the Fortune 500, those who have arrived are gaining influence at a good clip. The percentage of women sitting on, and heading, crucial committees - such as audit, compensation, and nominating and corporate governance - is increasing markedly.

In recent years, the entire fabric of corporate governance, certainly in the United States, has dramatically changed. With the passage of what has colloquially become known as SOX (the Sarbanes-Oxley Act of 2002), US-based corporations have operated under stricter governance guidelines than at any previous time, especially as regards the structure of boards of directors and financial oversight of the corporation. A now perennial governance "hot button" issue not addressed by SOX is concern over continually rising executive compensation. Until the 2006 adoption of new compensation disclosure guidelines by the Securities and Exchange Commission (SEC), it had been nearly 15 years since federal attention had been devoted to compensation guidelines or regulations. Beginning with 2007 filings, US corporations must now include a Compensation Disclosure and Analysis (CD&A) section. The intent behind the CD&A is to provide investors access to clear explanations of executive compensation and the philosophy that underlies compensation. As often happens, this good intent is accompanied by several unintended risks that may mitigate the effectiveness of the CD&A.

Alan B. Graf, Jr., is executive vice-president and chief financial officer at FedEx Corp. FedEx Corp. is comprised of multiple operating companies, with the core companies being FedEx Express, FedEx Ground, FedEx Freight, and FedEx Kinko's. Collectively, FedEx provides transportation, e-commerce, and business services globally. The Memphis, Tennessee-based corporation moves more than 5.5 million packages daily, serving more than 215 countries and territories. The corporation is comprised of more than 250,000 employees and contractors worldwide and maintains approximately 663 aircraft and over 71,000 ground vehicles. Graf joined FedEx Express, the predecessor to FedEx Corp., in 1980 as a senior financial analyst and has held a variety of management positions in the Finance division during his tenure with FedEx. His current responsibilities involve oversight of corporate global financial functions, including financial planning, treasury, tax, accounting and controls, internal audit, and corporate development. Graf is responsible for the financial activities of the corporation's core operating companies and also serves on FedEx Corp.'s Executive Committee, which is charged with the planning and implementation of FedEx Corp.'s strategic business activities. A native of Indiana, Graf graduated from the Kelley School of Business, Indiana University, with both a bachelor's and Master of Business Administration degree. He remains active with the Kelley School of Business, where he serves on the Dean's Advisory Council and was honored with membership in the Academy of Alumni Fellows in 2004. Graf holds three board memberships that include NIKE, Inc., Kimball International, Inc., and Mid-America Apartment Communities, Inc. He also serves on the Advisory Board for the University of Memphis Tiger Cubs.

Eliza Hermann is vice-president of Human Resources Strategy at BP plc, based in London, England. Her career in the energy business began in 1986 when she joined Amoco Corp., where she earned a series of promotions in the international oil business, which exposed her to markets ranging from Argentina to Azerbaijan. She was a member of the team involved in the successful integration of Amoco when BP acquired the company in 1998. During the past several years at BP, she has served as manager, Strategy and Business Transformation-Global Aromatics, leading a team responsible for strategic planning and business development in the company's petrochemical segment and, more recently, as VP of human resources for BP's global gas, power, and renewables segment. Throughout her career, Hermann has traveled extensively, with particular focus on Asia, Western Europe, North America, South America, Russia, and the republics of the former Soviet Union. Hermann holds an MBA degree from the Kelley School of Business, Indiana University, and a BA degree in social and behavioral sciences from John Hopkins University. She serves on the board of directors of Brightpoint, Inc., where she is chairperson of the Compensation and Human Resources Committee, as well as a member of the Corporate Governance and Nominating Committee.

Ronald W. Dollens recently retired from the positions of CEO and president of Guidant Corp., an Indianapolis-based medical technology manufacturer. Dollens was appointed CEO and president of Guidant when the company was formed as a split-off of Eli Lilly and Co. in 1994. During his 10 years of leadership at Guidant, the firm grew at an average of 18% per year, from just under $900 million in sales in 1994 to $3.7 billion in 2003. Today, Guidant employs more than 12,000 and is an industry leader in cardiovascular technology.