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Blog Bite: What are the consequences of the SBA’s proposed rules establishing a government-wife mentor-protege program for small businesses?

This article posted on our partner site Mondaq.com discusses how the SBA issued proposed rules that would establish a government-wide mentor-protege program for all small business types. These propo...

Blog Bite: How can joint venture partners ensure the duty of good faith applies to their commercial endeavour?

This article posted on our partner site Mondaq.com explores the doctrine of good faith and how parties may achieve some measure of certainty as to how it might apply in a legal landscape in which th...

Blog Bite: Are joint ventures riskier than other contracting structures?

This article posted on our partner site Mondaq.com critically examines the claim that joint ventures are riskier than other contracting structures. It concludes that they are not, provided that part...

Blog Bite: What is the threshold test that a joint venture has been formed for the purpose of triggering affiliation from the tax perspective?

This article posted on our partner site Mondaq.com talks about how businesses may desire to jointly solve problems under a mentor-protege definition, that, under specific rules, might trigger a defi...

Blog Bite: What should a Swiss business keep in mind when considering establishing a joint venture in China?

This article posted on our partner site Mondaq.com looks at the growing relationship of Switzerland to Asia by means of a free trade agreement that creates prospects for growth through mergers and a...

Blog Bite: What must be considered when entering a joint venture agreement?

This article posted on our partner site Mondaq.com identifies primary concerns for a firm considering entering a joint venture agreement viz. non-competition, confidentiality, liquidation clauses in...

Blog Bite: What are the types of company formations in Russia?

This article posted on our partner site Mondaq.com details the various types of business entities in Russia and regulatory issues which may arise in a joint venture. Some joint venture proposals may...

Blog Bite: What are the considerations in allowing for a joint venturer to partially or fully exit (i.e., transfer ownership to a third party)?

This article posted on our partner site Mondaq.com discusses how time restrictions for sale, approval mechanism, allocation of risk among other things, are considerations for the entry and exit of n...

Blog Bite: What is a mechanism for encouraging parties not to default?

This article posted on our partner site Mondaq.com describes mechanisms for disincentivizing default and managing the default and remedy process. This comes to you as a part of Clausehound's excitin...

Blog Bite: Why is an operating agreement important for protecting the joint venturer’s individual interests?

This article posted on our partner site Mondaq.com talks about how joint venturers may be found jointly and severally liable to their counterparties. Joint venturers should proactively plan for the ...

Blog Bite: Who oversees and/or does all the work in operating a joint venture?

This article posted on our partner site Mondaq.com speaks to questions like, how important is setting out the individual and joint responsibilities? Who measures the success? How important is it tha...

Blog Bite: Do the exchanges in a joint venture agreement ever constitute a security interest?

This article posted on our partner site Mondaq.com points out the effect the Personal Property Securities Act (PPSA) can have upon documentation for joint ventures. For example, its broadened defini...

Blog Bite: What’s the best approach for more than one not-for-profit organization to combine efforts?

This article posted on our partner site Mondaq.com sets out discusses the various structures non-profit organizations can use to combine activities. This comes to you as a part of Clausehound's exci...

Blog Bite: Are there implied fiduciary duties in a joint venture agreement?

This article posted on our partner site Mondaq.com discusses implied fiduciary duties into joint venture agreements, specifically the duties to act in good faith and to not misuse venture revenues. ...

Blog Bite: What considerations should be taken when including a non-competition clause in a Chinese joint venture agreement?

This article posted on our partner site Mondaq.com discusses whether a non-competition clause in a joint venture agreement is permissible under China's 2008 Anti-monopoly Law. Citing a number of rea...

Blog Bite: How can a firm ensure that sensitive information shared with its joint venture partner is not abused?

This article posted on our partner site Mondaq.com advises businesses on how they can insulate themselves from competitors (or opportunistic joint venture partners) seeking to poach employees or sol...

Blog Bite: Can third parties who have not signed a contract be bound to its terms?

This article posted on our partner site Mondaq.com discusses a recurring problem of parties purporting to bind third parties to a contract. The author makes it clear that merely mentioning an indivi...

Blog Bite: What marketing strategies should joint ventures avoid in order to retain the protection of the exclusionary provisions for joint ventures under the CCA?

This article posted on our partner site Mondaq.com states that joint ventures risk foregoing their limited exceptions under the Competition and Consumer Act (CCA) by agreeing to engage in joint pric...

Blog Bite: What key considerations should parties keep in mind when structuring joint ventures?

This article posted on our partner site Mondaq.com sets out considerations for parties attempting to set up a joint venture. Summarily, parties should maintain detailed documents, ensure frequent an...

Blog Bite: How does the inclusion of an expressed duty of good faith in a contract affect parties in a joint venture agreement in the UK?

This article posted on our partner site Mondaq.com states that the inclusion of an expressed duty of good faith can have several consequences to parties of a joint venture agreement. Parties will li...

Blog Bite: What should be kept in mind when considering establishing a joint venture in China?

This article posted on our partner site Mondaq.com notes the difficulty of establishing successful joint ventures in the Chinese market and suggests some best practices like being sensitive and open...

Blog Bite: Are parties to a joint venture agreement have obliged to act with good faith to each other?

This article posted on our partner site Mondaq.com relies on a recent judicial holding to illustrate that parties of a joint venture agreement may have an implied obligation to act with good faith. ...

Blog Bite: What can a company do to recover its assets if the other party to a joint venture agreement declares bankruptcy?

This article posted on our partner site Mondaq.com advises that a business seeking to recover assets placed into a joint venture following the bankruptcy of the other parent company should carefully...

Blog Bite: What factors affect the way in which a business must structure a joint-venture in order to ensure optimum performance?

This article posted on our partner site Mondaq.com lays out an algorithmic approach to entering a joint venture agreement and considerations or priorities at each stage of the decision-making proces...

Blog Bite: What is the value and structure of a change-of-control clause in a joint venture company undergoing group restructuring?

This article posted on our partner site Mondaq.com looks into the problems involved in corporate group restructuring in joint venture companies. Change-of-control clauses are used to protect unwante...
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