Joint Venture

News & Analysis as of

MVNO – trends and contracts

Today’s news that the Post Office is to launch a Mobile Virtual Network Operator (MVNO) in partnership with EE has led us to put together a few thoughts about the market and about MVNO contracts....more

Doing Business in Canada: E-Commerce

E-COMMERCE - Canada has a vibrant Internet community. Because of the great expansion of the Internet in Canadian homes and businesses, Canada and its provinces have, in recent years, regulated Internet activity and...more

Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH, C.A. No. 5589-VCP (Del. Ch. June 25, 2014) (Parsons, V.C.)

In this post-trial memorandum opinion, the Delaware Court of Chancery dismissed plaintiffs’ breach of contract claim with prejudice, finding that plaintiffs failed to establish they were parties to the License Agreement at...more

GAO Affirms Timeline for SBA Approval of Joint Venture Agreements

The U.S. Government Accountability Office (GAO) recently affirmed that joint venture (JV) agreements need not be approved by the Small Business Administration (SBA) prior to submission of a proposal for an 8(a) set aside...more

Proposed Implementing Legislation for the Mexican Energy Reform Will Create an Open, Competitive Electrical Power Industry

The Mexican Congress is debating a historic package of legislation to restructure the nation’s electrical power sector. This legislation will create a more open and competitive power industry in Mexico, giving the private...more

Hospital and Health System M&A Series: The Expanding Range of Strategic Alternatives Available in Hospital System Mergers and...

The business of governing acute care health systems has become increasingly complex in recent years as board governance and industry structure have worked to keep up with the pace of reform and consolidation. The sector has...more

The Importance of Planning Joint Venture Exit Strategies

With the Miami real estate market making a resurgence, there is a new rush for companies to come together in a joint venture to acquire real estate and develop projects. With the excitement of a new deal, the joint venture...more

Operator Wins JOA Fight

MDU Barnett Ltd. P’ship v. Chesapeake Exploration Ltd. P’ship is at least three things: - The culmination of an unhappy relationship between an operator and non-operators. - What happens when joint owners’ interests...more

Top Ten Issues when Drafting International Agreements – Part I

Cross-border agreements come in all shapes and sizes, from manufacturing agreements to joint ventures, employment contracts to merger agreements. Each type has its own quirks, but we can boil down the most common legal issues...more

Potential Risks of Healthcare Joint Ventures Between Insurance Companies and Hospitals

Healthcare joint ventures are nothing new. Since the mid-2000’s, physician-hospital ventures have been resurgent, notwithstanding the Office of Inspector General’s skepticism regarding the risk of fraud and abuse when...more

Practical Guidance for Dealing with OFAC’s Recently Released Ukraine Related Sanctions Regulations and the EU’s Ukraine Sanctions

On May 8, 2014, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued regulations to implement three Executive Orders issued by President Obama in March regarding the situation in Ukraine. The...more

“A letter of intent is the invention of the devil [that] should be avoided at all costs.” -- Stephen R. Volk, Esq. regarding the...

A Dallas jury recently reminded us why Mr. Volk lamented letters of intent. Enterprise Products Partners, L.P. is currently appealing that jury’s finding of $319MM in actual damages and $914MM for improper benefits due to...more

Senate Bill No. 35: An Act Concerning Notice of Acquisitions, Joint Ventures and Affiliations of Group Medical Practices

At the end of the Connecticut General Assembly’s 2014 Regular Session, "An Act Concerning Notice of Acquisitions, Joint Ventures and Affiliations of Group Medical Practices" (the "Act") was passed and is awaiting the...more

Gehrig’s Streak Ends And Compliance Week 2014 Is Near

Today we celebrate greatness in two areas. The first is in baseball as on this day in 1939, “New York Yankees first baseman Lou Gehrig benches himself for poor play ending his streak of consecutive games played at 2,130....more

Innovation Health: A joint venture approach to payer-provider integration in Virginia

In 2012, Aetna and Inova, a not-for-profit health system in Virginia, formed a joint venture health plan: Innovation Health. The health plan is an entirely new entity owned jointly by both organizations. Its network...more

Joint Venture Partners And The Company You Keep Under The FCPA

As the father of a teenage daughter I am sometimes, reluctantly, forced to admit that upon rare occasions my parents were right about a few things. One was asking for permission first rather than asking for forgiveness after...more

Why Tax-Exempt Organizations Should Plan for Joint Ventures

Non-profit organizations, which are exempt from federal income tax under Internal Revenue Code section 501(c)(3) (each a “Tax- Exempt Organization”), may find it necessary or beneficial for their operational goals to enter...more

The Ins And Outs Of Joint Venture Agreements

In this presentation: - What is a joint venture? - Advantages and disadvantages of using a joint venture - Starting a joint venture - Step 1: Find the right partner - Step 2: Ensure the JV...more

Can You Have A Partnership Of One And Why The Answer Matters To Joint Ventures

Companies can come in all different shapes and sizes. They can be traditional C corporations, limited liability companies, general partnerships, limited partnerships, S corporations, joint ventures (“JVs”) or various...more

Mexican Energy Reform Progress Report - Two Steps Forward, One Step Back

Finalization of Mexico’s energy reforms is accelerating and specific foreign investment opportunities are emerging, but detailed “Secondary Legislation” will likely be delayed to late April or a special congressional session...more

Digging Down on Joint Ventures and FCPA Compliance

The FCPA is a broad statute. As written, it covers a number of situations, and creates twists and turns in analysis. One of the more challenging areas to navigate is the issue of joint ventures. When you bring...more

Tenth Circuit Looks Past “General Partnership” Labels in Agreements to Determine Whether Certain Investments Constitute...

In SEC v. Shields, No. 12-1438, 2014 U.S. App. LEXIS 3369 (10th Cir. Feb. 24, 2014), the United States Court of Appeals for the Tenth Circuit reversed the district court’s order granting defendants’ motion to dismiss, holding...more

Shifting Sands In Canadian Anti-Bribery And Trade Control Laws Raise The Stakes In M&A Due Diligence

Recent developments in Canadian anti-corruption, economic sanctions, and export control laws are having a significant impact on the due diligence that should be conducted on potential targets in the context of mergers and...more

MOFCOM Publishes Criteria For A Simplified Merger Review

On 11 February 2014, China's merger review regulator, Antimonopoly Bureau at the Ministry of Commerce ("MOFCOM"), published criteria for a simplified merger review, the Interim Rules on Application Criteria of a Simplified...more

Business Focus: Key Issues in Joint Ventures

Introduction. A joint venture (JV) typically consists of an association of two or more people and/or entities with a view to sharing the profit or loss of a business venture in accordance with the JV agreement. Joint...more

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