Joint Venture

News & Analysis as of

Government of Canada Approves Pacific NorthWest LNG Project

On September 27, 2016, the Government of Canada approved the Pacific NorthWest LNG natural gas liquefaction and export facility, sending a strong signal that it is committed to growing Canada's role as a global energy...more

Significant Changes to PRC Foreign Investment Laws

On September 3, 2016, the Standing Committee of the National People’s Congress (“NPC”) adopted the Decision of the Standing Committee of the NPC on Revising Four Laws, Including the Law of the People’s Republic of China on...more

Deal Watch: Teva and Regeneron Announce Fasinumab Collaboration

On September 20, Teva Pharmaceutical Industries Ltd. and Regeneron Pharmaceuticals, Inc. announced an agreement to develop and commercialize fasinumab, an investigational NGF antibody currently under development by Regeneron...more

Court Reversed Forfeiture Award Due To Trial Court Not Indicating It Followed The Correct Standard

In Cooper v. Sanders H. Campbell/Richard T. Mullen, Inc., a company filed suit under a promissory note against a former joint venture partner. No. 05-15-00340-CV, 2016 Tex. App. LEXIS 9253 (Tex. App.—Dallas August 24, 2016,...more

China Adopts New Regulatory Regime for Foreign Invested Enterprises

Action Item: China reforms its regulatory regime for managing FIEs by replacing existing MOFCOM approval requirements with a filing procedure nationwide. Beginning October 1, 2016, the incorporation of or a major change to an...more

New Opportunities For All: SBA Expands The Small Business Mentor-Protégé Programs

On July 25, 2016, the Small Business Administration (“SBA”) released a much-anticipated Small Business Mentor Protégé Programs Final Rule that created a new expanded mentor-protégé program, modeled on the existing 8(a)...more

How Can My Unpopulated Small Business Joint Venture Get a Clearance?

When the SBA issued its final rule concerning its new Small Business Mentor Protégé Programs, it adopted a major change for 8(a) and small business joint ventures: no more populated joint ventures. Instead, the rule provides...more

How to Use a Joint Venture to Spur Growth

We’ll never forget Don Vito Corleone’s chilling line: “I’m gonna make him an offer he can’t refuse.” Sure, it made for a good movie, but if you think business is about fighting off opposition at any expense, it’s time to turn...more

Court of Chancery Explains Tolling Law In Fiduciary Duty Case

In addition to explaining the seldom-used doctrines of mutual, running accounts and continuing wrongs as exceptions to the running of the statute of limitations, this decision is important for its review of when a claim of...more

SBA Final Rule on Mentor-Protégé Programs for All Small Businesses Becomes Effective

The Small Business Administration (SBA) issued a long-awaited final rule establishing a new, expanded mentor-protégé program that will allow all types of small businesses to qualify as protégés, while retaining, but slightly...more

Understanding SBA's New Government-Wide Small Business Mentor-Protege Program

OVERVIEW - Small Business Mentor-Protégé Program - Mechanics - Eligibility - Compliance Requirements - Application - All Small Business Joint Ventures - Other Important Rule Changes...more

Conducting Business in Dubai

The growth of international businesses in Dubai has made it a major commercial hub for global institutions and companies. ...more

Inside M&A - August 2016

Recent Enforcement Trends in Divestiture Packages - The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more

Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which...more

Alberta Judge Finds Party in Contempt of Court, Ends Multi-Million Dollar Litigation Case

The Alberta Court of Queen’s Bench recently ended a complex, multi-million dollar litigation between Attila Dogan Construction and Installation Co. Inc. (AD) and AMEC Foster Wheeler Americas Limited (AMEC) regarding a...more

Good Faith and Contract Termination

Deciding whether to terminate a contract, whether at common law for an alleged repudiatory breach or under a specific term in the agreement, is rarely easy. Get it wrong and you may be in breach yourself. In several cases...more

China Plans to Further Open Domestic Private Securities Investment Fund Management Business to Foreign-Owned Manager

On June 30, 2016, the Asset Management Association of China (“AMAC”) released the Q&A Regarding Registration and Filing of Private Funds (No. 10) (“Q&A No. 10”), which confirmed that both wholly foreign-owned and...more

Coming Soon to a Federal Agency Near You... An Expanded Small Business Mentor-Protégé Program

New Small Business Administration Rules Will Increase Eligibility for Large and Small Businesses to Bid Jointly on Set-Aside Contracts, but Not Without Greater Competition - The U.S. Small Business Administration’s...more

Top Issues Facing Automotive Joint Ventures

Joint ventures can help automotive companies expand their businesses. Sometimes forming a JV is the only way for a company to enter a foreign market. Although JVs can take multiple shapes, they generally involve pooling...more

The SBA’s New Mentor-Protégé Program: The Dilemma of Hiring Project Managers

On July 25, 2016, SBA released its long-awaited final rule creating the new mentor-protégé program for all small businesses. Many aspects of the new rule are very exciting and should be beneficial for the small business...more

Archigen Biotech seeks FDA Approval for Rituximab Phase I Clinical Trials

The Korea Herald reports that Archigen Biotech, a joint venture between AstraZeneca UK and Samsung BioLogics, has applied for FDA approval to begin Phase I clinical trials for its rituximab biosimilar, SAIT101. ...more

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

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