Joint Venture

News & Analysis as of

Recent Changes to the Tax Matters Partner Designation May Prove Costly to the Unwary

One choice all joint venture devotees face in negotiating each new venture is who to designate as the tax matters partner. Recent changes to the law make this decision much more important and may prove costly to those who are...more

"M&A Techniques in a Complex Environment"

While the headlines in 2015 focused on the “megadeal” transactions over $5 billion (there were at least 137 such deals in 2015, according to Thomson Reuters), many transactions involving cross-border activities required...more

Guide To Doing Business in Australia and New Zealand (Mandarin version)

This publication has been prepared to provide an overview to foreign investors and business people who have an interest in doing business in Australia and New Zealand. The material in this publication is intended to provide...more

Day Two Notes – JP Morgan Healthcare Conference, San Francisco

It was another interesting day at JP Morgan, the healthcare conference that never disappoints. Surprising declarations of war and peace, partnering that really works and strong growth stories all were heard today....more

District Court Explains When Suit Is Direct Or Derivative In The Alternative Entity Context

Whether a claim is direct or derivative often determines if it will survive a motion to dismiss. Who would get the benefit of a recovery is one test applied to make that decision. But in the context of a partnership, that...more

Legal Issues Business Leaders Need to Know in 2016

A compilation of time-sensitive and trending legal and regulatory issues that general counsels and business leaders should be aware of in 2016. ...more

"4th Antitrust Set" of amendments

On 5 October 2015 the President of the Russian Federation signed the Federal Law No. 275-FZ "On Amending the Federal Law "On Protection of Competition" and Other Legal Acts of the Russian Federation", so-called the "4th...more

Notable Small Business Provisions in the National Defense Authorization Act for 2016

This is a brief summary of some of the provisions of the National Defense Authorization Act (NDAA) that will affect small businesses. Definitely a nutshell version of the NDAA, which is published online, and a tad more...more

2015 Digital Media Year in Review

Yes, it's that time of year again. Nostalgia and reflection time—taking a look at this past year in digital media. Nearly one year ago, Manatt Digital Media CEO Peter Csathy made several predictions for TechCrunch in an...more

How to Get in on the Offshore Fund Flow to the U.S.

A recent report estimates that foreign investors are expected to spend more than $70 billion on U.S. commercial real estate in 2015. Another report states that nearly a quarter of all recent commercial real property sales in...more

VA Proposes Significant Changes to Its VOSB/SDVOSB Verification Program

On November 6, the Department of Veterans Affairs (VA) issued a proposed rule amending its regulations governing the VA’s verification program for veteran owned small businesses (VOSBs) and service-disabled veteran owned...more

Court Affirmed Finding Of No Fiduciary Duty Because No Joint Venture Existed

In Stutz Rd. Ltd. P’ship v. Weekley Homes, L.P., plaintiffs sued a defendant for breach of fiduciary duty based on duties owed pursuant to an alleged joint venture. No. 05-12-01752-CV, 2015 Tex. App. LEXIS 11440 (Tex....more

European merger control: Well-oiled machine or spluttering engine?

Commissioner Margrethe Vestager was in a celebratory mood when she addressed an audience in Brussels in March 2015 as the EU merger control body celebrated its 25th anniversary: "There is reason to celebrate because the...more

New Audit Rules for Partnerships

Last week, President Obama signed into law the Bipartisan Budget Act of 2015.  Buried in this budget bill is an entirely new procedure for how partnerships are audited.  Specifically, it would repeal the  much maligned TEFRA...more

SBA Size Protest Reminds Us That There is an Exception to Every Rule

The Small Business Administration (“SBA”) recently issued a favorable decision on behalf of a firm client in a size determination case, and we wanted to share information from that decision with you. While the decision is...more

No Good News for Small Businesses in Recent GAO Decision

The Government Accountability Office (GAO) recently released a decision in the matter of FedServ-RBS JV, LLC, B-411790, October 26, 2015, that offers little assurance for small companies seeking to form SBA-approved joint...more

New Flexibility for Joint Ventures Using Tax-Exempt Bond-Financed Property

On October 26, 2015, the IRS released final regulations under Sections 141 and 145 of the Internal Revenue Code concerning the use of property financed with tax-exempt bond proceeds. The bulk of the new regulations fill a...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

Tips for Going Global: Plan Before You Expand

Companies enjoying success in the U.S. often seek global expansion to gain strategic benefits from accessing new markets—new revenue potential, talent acquisition and increased brand awareness. Before replicating your...more

SBA Approval of 8(a) Joint Ventures – What Is Required Beyond the Regulations?

Over the past several months, our firm has been approached by Section 8(a) companies throughout the country who have been advised by their SBA district offices that their 8(a) joint ventures would not be approved by the SBA....more

Maximizing Your Time As A Small Business

OVERVIEW - - Why size matters - Toolbox for maximizing your time as a small business (“SB”) - Tools that work - Tools you might think work, but generally do not - Tool of the future? -...more

Observation 3.0: Frequently Asked Questions and Answers on the Volcker Rule and the Implications for Foreign Banks Investing in...

1. Question: What is the Volcker Rule, and when does it take effect? Answer: The Volcker Rule was enacted into law as section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank...more

Opportunities for Banking Entities Under the Joint Venture Provision of the Volcker Regulations

Under the Volcker Regulations (Regulations), banking entities are sharply restricted in their ability to invest in and sponsor entities that are treated as “covered funds.” During the rulemaking process, the Volcker Agencies...more

Ninth Circuit Rejects Irrational Market Allocation Claim

In Stanislaus Food Products Co. v. USS-Posco Industries, No. 13-15475 (9th Cir. Oct. 13, 2015), the Ninth Circuit affirmed a defense summary judgment in a case alleging that U.S. Steel and its joint venture conspired to...more

"MOFCOM Cracking Down on Failures to Notify Qualifying Mergers, Acquisitions and Joint Ventures"

China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change...more

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