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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: Why is it important to negotiate specifics like caps on liability, exclusions, and time periods?

This article posted on our partner site Mondaq.com points out that if this clause is worded too broadly or ambiguously, the courts can interpret it as disproportionately benefiting the party putting...

Blog Bite: What are the consequences of entire agreement clauses?

This article posted on our partner site Mondaq.com discusses the range of legal consequences that entire agreement clauses have. The clause will only have the effect of excluding implied terms if th...

Blog Bite: What contractual provisions are of particular concern to an independent contractor when amending a contract?

This article posted on our partner site Mondaq.com posits that amendments to contractor agreements are rarely, if ever, made for the benefit of the contractor. As such, it is imperative for contract...

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...

Blog Bite: What do some of the provisions in Companies Law for Guernsey mean?

This article posted on our partner site Mondaq.com highlights the provisions in the Companies (Guernsey) Law, 2008, which is intended to assist with understanding specific provisions related to inco...

Blog Bite: What are the clauses of a contract that can have an impact on dispute resolution?

This article posted on our partner site Mondaq.com discusses governing law clauses, jurisdiction clauses and litigation/mediation clauses. The author introduces the clause and explains how they can ...

Blog Bite: What is required for a guarantee to be enforced?

This article posted on our partner site Mondaq.com looks at a judgement where a court found that a company that was owed fees by a director who assured he would pay did not constitute a guarantee. F...

Blog Bite: How can parties avoid violating antitrust laws during the negotiation phase of a joint-venture agreement?

This article posted on our partner site Mondaq.com cautions against prematurely sharing information or integrating personnel before closing a joint-venture agreement. Such practices could be deemed ...

Blog Bite: What part do the courts play in determining the governing law of a contract, if at all?

This article posted on our partner site Mondaq.com discusses how the courts favor leaving the decision of governing law up to the parties. Limits arise only if the contract is illegal (which can in ...

Blog Bite: Can joint ventures legally set fixed prices for products sold within a market, albeit under each of the separate brand names of the joint venture’s members?

This article posted on our partner site Mondaq.com discusses a US Supreme Court decision where the court held that two traditional competitors that form a joint venture can, pursuant to the purpose ...

Blog Bite: How can a mortgage company and title company form a joint venture without risking a violation of the Real Estate Settlement Procedures Act (RESPA)?

This article posted on our partner site Mondaq.com is a guide to the evaluative criteria used by the Department of Housing and Urban Development (HUD) in determining whether a joint venture between ...

Blog Bite: Can a not-for-profit enter into a joint venture with a for profit entity without tax consequences?

This article posted on our partner site Mondaq.com describes some of the considerations for the joint-venturing of a not-for-profit and for-profit entity. This comes to you as a part of Clausehou...

Blog Bite: Is there a way to avoid triggering certain cash-based provisions in a joint venture agreement?

This article posted on our partner site Mondaq.com discusses "swaps" of assets instead of cash consideration between organizations as a creative way to avoid triggering a pre-emptive right or right ...

Blog Bite: How do you incorporate a company in the Bahamas?

This article posted on our partner site Mondaq.com provides a summary of the principal provisions of the International Business Companies Act, which is the statute that governs or the incorporation,...

Blog Bite: What are legal aspects of a joint venture investment in Nigeria?

This article posted on our partner site Mondaq.com discusses the most common form of investment in Nigeria, joint ventures. It is a general guide which encourages careful documentation when drafting...

Blog Bite: What are international companies (ICs)?

This article posted on our partner site Mondaq.com describes International Companies (ICs) and its main features: tax exemption, capital requirements, filing requirements, and meeting locations. Art...
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