Joint Venture

News & Analysis as of

Banks reflect on guarantees, rejoice on fees

National Australia Bank Ltd v Rose - On 21 July 2016, the Victorian Court of Appeal confirmed that a guarantee and indemnity provided by an individual was invalid on the basis that NAB had not complied with relevant...more

SBA Releases Long Anticipated Final Rule Establishing Governmentwide Mentor-Protégé Program for All Small Business Concerns

On July 25, 2016, SBA published the eagerly anticipated Final Rule establishing a governmentwide mentor-protégé program for all small business concerns. While there are a few departures from the details outlined in the...more

SBA Expands Mentor-Protégé Program and Eliminates Populated JVs

The U.S. Small Business Administration (SBA) recently published its much-anticipated final rule establishing a mentor-protégé program available to all small businesses, not just certain SBA-approved 8(a) contractors as is the...more

When is a Joint Venture a Security?

Parvizian controlled Arcturus and Aschere, buying and selling interests in drilling projects. Each project had a managing venturor which supervised the project. Each venture included a confidential information memorandum,...more

PilieroMazza Seminar: SBA's New Rules on the Limitations on Subcontracting

Overview - - Background - Limitations on Subcontracting - Identity of Interest - Joint Ventures - Size Recertification - Size Protests - Nonmanufacturer Rule Please see full...more

[Event] Nossaman's 3rd Annual West Coast Ambulatory Surgery Center Seminar - September 27th, Los Angeles, CA

Please join us for Nossaman LLP’s 3rd Annual West Coast Ambulatory Surgery Center Seminar. During this one-day program you will learn important ASC industry information, allowing you to stay ahead of the curve and safely...more

Decentralized Autonomous Organizations

A Decentralized Autonomous Organization (DAO) is a computer program, running on a peer-to-peer network, incorporating governance and decision-making rules. DAOs can be programmed to operate autonomously, without human...more

Renewable Energy Update - July 2016

Renewable Energy Focus - Senator Heinrich to introduce energy storage tax credit bill - Greentech Media - Jul 5 - There will soon be an energy storage tax credit proposal in both the House and Senate. Senator...more

Implementation of Policy Allowing Complete Foreign Ownership in E-Commerce Operations Nationwide in China

The Ministry of Industry and Information Technology Issues the First Value-Added Telecom Services License to an E-Commerce Wholly Foreign Owned Enterprise. Background - Historically, foreign investors were...more

Federal Trade Commission Announces Increased Fines

On June 29, 2016, the Federal Trade Commission (FTC) announced significant increases in the maximum civil penalties for violations of 16 provisions of law it enforces, including the FTC Act and Clayton Act. Effective...more

Be Fully Compliant, and Avoid Lawsuits!

Who could dislike the title of this post? It promises to solve all your compliance problems and keep your business out of litigation. Were it only that simple. Of course, it is not. But, when it comes to compliance,...more

Set-Aside Alert - The DOJ's Enforcement of Small Business Regulations

With the Small Business Administration's new limitations on subcontracting rules going into effect on June 30.... Originally published in the Set-Aside Alert on June 10, 2016. Please see full Alert below for more...more

SBA Amended Regulations Enhance Opportunities for Small Businesses

The US Small Business Administration (SBA) has finalized multiple changes to its small business contracting rules, which should increase opportunities for small business prime contractors to partner with other businesses...more

SBA Makes It Easier for Small Businesses To Joint Venture for Federal Contracts

As we blogged Wednesday, this week the Small Business Administration (“SBA”) published a lengthy final rule that implements the long-awaited small business regulation changes mandated by the National Defense Authorization Act...more

On Sale Bar Invalidates Safyral, Beyaz Folate Patent

In Merck & CIE v. Watson Laboratories, Inc., the Federal Circuit found communications between Merck and a potential joint venture partner amounted to a commercial offer to sell that invalidated the Orange Book-listed folate...more

Myanmar’s Scope of Prohibited and Restricted Activities for Foreign Investment – A New Revision

The Myanmar Investment Commission (MIC) issued notification 26/2016 on 24 March 2016 amending the list of activities in which foreign investment is prohibited or restricted, repealing the previous notification that dealt with...more

The How Question in Due Diligence

What is satisfactory due diligence under the Foreign Corrupt Practices Act (FCPA)? That question seems to be more important after the Huffington Post’s story on Unaoil and the subsequent release of the Panama Papers. However,...more

China Merger Control: MOFCOM Mounting Pressure On Failure To Notify Reportable Transactions

China’s MOFCOM continues to actively pursue companies failing to notify deals. Three new fine decisions published on 3 May 2016 illustrate a trend toward enhanced scrutiny and greater severity. Companies are targeted...more

Joe Howell on the PCAOB, Audits and Compliance – Part III

Today, I continue my exploration with Joe Howell about the Public Accounting Oversight Board (PCAOB), its scrutiny of public company auditors and how its work impacts the corporate compliance function. Yesterday, I ended with...more

Eight Principles You Should Know When Negotiating Your Teaming Agreement

As the saying goes, “two heads are better than one.” This statement often applies to government contracting, where contractors frequently work together in joint ventures or prime and subcontractor teams to bid on and perform...more

A Global Phase III Trial for Avastin Biosimilar Has Begun

Samsung Bioepis – the joint venture between Samsung and Biogen Idec – has started a phase III clinical trial for a biosimilar version of Roche’s cancer drug Avastin (bevacizumab). Bevacizumab slows the growth of new blood...more

OHA Says Mentor-Protégé Affiliation Exemption Does NOT Excuse Program-Specific Requirements for SDVOSB Joint Ventures

SBA’s Office of Hearings and Appeals recently issued a surprising decision finding that the mentor-protégé affiliation exemption does not excuse program-specific requirements for SDVOSB joint ventures. OHA agreed with SBA’s...more

U.S. - India Newsletter Vol. 2016, Issue 2

Welcome to the second issue of our newsletter, which features news and articles of interest from Pepper’s U.S.-India Practice. In the first quarter of 2016, we saw a lot of activity in the international data privacy...more

Health Update - April 2016 #2

How to Prepare for "Phase Two" HIPAA Compliance Audits: Tips on Getting Ready for Scrutiny - Editor's Note: Now that the Department of Health and Human Services (HHS) has announced that it is beginning the next round of...more

CSLB Joint Venture Licenses – Providing Contractors With The Means To Expand Their Businesses

California’s Business and Professions Code requires contractors to be licensed by the Contractors State License Board (“CSLB”). The CSLB issues licenses in 44 different classifications which are separated into three...more

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