In today's fast-moving business environment, companies often find themselves under intense pressure to close complex commercial deals quickly. Whether it's a strategic partnership, a critical supply chain agreement, or a transformative technology deal, the ability to move negotiations forward without sacrificing protections is essential. At the same time, in-house counsel face a recurring dilemma: move too slowly, and the deal may stall or even collapse; move too quickly, and key risks may be overlooked.
The real challenge — and opportunity — lies in navigating the middle path: structuring and negotiating agreements in a way that protects the enterprise while still meeting the business's urgent need for speed.
The Business Imperative of Closing Quickly
Speed matters in commercial transactions for reasons that go beyond efficiency. A delayed contract can mean missed revenue targets, lost market opportunities, impacts to cash flow, or strained relationships with counterparties who expect momentum. For companies competing in crowded industries — technology, healthcare, manufacturing, and beyond — the ability to execute quickly is a competitive advantage. There is a reason for the adage "time kills deals". Moving with appropriate speed and purpose has become table stakes in ensuring deals actually make it over the finish line.
Deal velocity also affects internal credibility. Business leaders want their legal teams to be strategic enablers, not bottlenecks. A contract that languishes for weeks because of unresolved redlines or over-lawyering can create frustration and erode confidence in the legal function. In contrast, when legal gets involved proactively and helps the business close with clarity and confidence, it highlights legal as a true business partner.
Despite even the best of intentions, however, to move quickly and with motivation, complex deals often include obstacles that can slow ad "complicate" the process.
Common culprits include:
- Unclear risk priorities – Without alignment on which risks are "red-line" versus negotiable, attorneys may get stuck in circular debates.
- Over-negotiation of non-critical terms – Time can be wasted on low-impact provisions, while high-stakes terms remain unresolved. It can also just irritate internal stakeholders and the other side.
- Internal misalignment – Delays often stem not from the other side, but from lack of coordination across business, finance, and compliance teams.
- Regulatory uncertainty and new market shifts – Shifting rules and market practice around data, AI, cross-border trade, or industry-specific issues can complicate negotiations and require additional diligence.
Identifying these pressure points early can help legal teams anticipate and remove roadblocks before they derail momentum.
Balancing Speed and Risk
The key to moving deals forward is not cutting corners — it's adopting structures and processes that enable faster, smarter decisions. Strategies that work include:
- Risk-tiering frameworks: Not every provision deserves equal attention. Experienced counsel can help categorize risks into "deal-breakers," "negotiables," and "nice-to-haves," ensuring energy is spent where it matters most.
- Contract playbooks and templates: Pre-approved positions on recurring issues allow lawyers to respond quickly without reinventing the wheel. Playbooks also empower business teams to negotiate within safe parameters.
- Escalation protocols: Establishing clear paths for when and how to escalate sticky issues (to the GC, business unit leaders, or the board) keeps negotiations from stalling in committee.
- Business-aligned negotiation: Skilled attorneys don't just "paper the deal" — they understand the strategic context. By framing legal protections in terms of business goals, they help parties bridge differences faster.
- Practical compromise: Deals are not about winning and losing, but finding middle ground that provides benefits to both parties. This means compromising and leveraging creativity to come up with win-win scenarios — that give both sides comfort while preserving momentum.
When applied thoughtfully, these tools allow companies to move swiftly without compromising their risk posture.
The Role of Experienced Counsel
Striking this balance requires judgment that comes only with experience. Lawyers who have been in-house and lived the business realities know that "perfect" contracts don't really exist, and attempts to reach such pinnacles often lead to delays and ultimately deal failure. They also understand the "real" risks — and how to practically mitigate them without imposing unrealistic demands or creating roadblocks to the deal process.
At OGC, our attorneys bring both legal mastery and business acumen to every transaction. We are former in-house legal and business leaders who understand the pressure of quarterly deadlines, the realities of managing cross-functional teams, and the importance of preserving counterpart relationships while protecting the enterprise. Our model emphasizes results, not billable hours. That means complex issues are addressed with practical, actionable guidance that keeps deals moving — without unnecessary cost or delay.
Closing Thought
In complex commercial transactions, speed and risk protection are not opposing forces. They are twin imperatives of effective deal-making. By adopting thoughtful processes, prioritizing what matters most, and relying on experienced counsel who think like business partners, companies can execute with confidence — moving deals across the finish line quickly while still safeguarding what matters most.
This post was prepared with the assistance of AI technology and reviewed by our attorneys.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
