January 19, 2017This 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.
January 05, 2017This 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 the doctrine is not defined in statute nor applied according to a consistent test in common law.
August 11, 2016This article posted on our partner site Mondaq.com critically examines the claim that joint ventures are riskier than other contracting structures.
August 10, 2016This 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 definition of an 'affiliated business'.
February 17, 2016This 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 acquisitions in a variety of industries.
September 09, 2014This article posted on our partner site Mondaq.com identifies primary concerns for a firm considering to enter a joint venture agreement viz. non-competition, confidentiality, liquidation clauses and defining the scope of the business opportunities.
April 28, 2014This 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.
March 12, 2014This 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 new joint venture members.
March 12, 2014This article posted on our partner site Mondaq.com describes mechanisms for disincentivizing default and managing the default and remedy process.
March 12, 2014This article posted on our partner site Mondaq.com speaks to questions like, how important is setting out the individual and joint responsibilities?
March 12, 2014This article posted on our partner site Mondaq.com talks about how joint venturers may be found jointly and severally liable to their counterparties.
January 28, 2014This 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.
October 23, 2013This article posted on our partner site Mondaq.com sets out and discusses the various structures non-profit organizations can use to combine activities.
October 08, 2013This 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.
August 25, 2013This 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.
August 19, 2013This 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 solicit clients.
July 22, 2013This 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 individual or entity in a contract is insufficient to legally bind the individual or entity.
July 14, 2013This 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 pricing, joint advertising, and/or selling to a single customer.
June 11, 2012This 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.
June 11, 2012This article posted on our partner site Mondaq.com notes the difficulty of establishing successful joint ventures in the Chinese market, suggests some best practices, and to avoid the common practice of non-compliance with the law through maintaining comprehensive legal documentation on matters like ownership and management.
February 20, 2012This 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.
September 29, 2011This 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 draft the relevant contractual provisions to secure themselves against creditors' claims that their interests were prejudiced.
March 24, 2010This 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 process.
October 14, 2008This 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 unwanted changes and improve the position of the joint venture partner.
June 06, 2006This article posted on our partner site Mondaq.com cautions against prematurely sharing information or integrating personnel before closing a joint-venture agreement.
March 28, 2006This 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 of the venture, set a fixed price for products sold under each of the joint venture's members brand names.
December 01, 2004This 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 a mortgage company and title company is a 'sham controlled business arrangement'.
May 14, 2004This 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.
March 29, 2000This 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 of first refusal in a joint venture agreement.