In a global economy, coopetition has replaced pure competition and pure cooperation, where potential competitors find solutions for promoting common short-term and mid-term goals while pursuing long-term competitive strategies. Where permitted by competition and antitrust laws, strategic alliances require well-conceived structures, clearly stated purposes, measurable goals and contingency plans.
We advise businesses on many forms of strategic alliances, including joint ventures, supply-chain management, procurement and outsourcing relationships, R&D, OEM and ODM manufacturing, co-branding, licensing and distribution agreements. Our insights into the permutations of common themes in successful alliances inform our advice on structure, alternatives and strategies.
Joint ventures and other investments with roughly equal control demand very carefully planned special corporate governance considerations. In the typical 50-50 joint venture, the parties will need to address questions of shareholder democracy, fiduciary duty, subordinate roles of the representatives of each party as employees owing a duty of loyalty to the Company and a duty of accountability to the representatives of the owners, and individual owners, for potential breach of duty, and suitability of alternative dispute resolution mechanisms. We have experience in developing such corporate governance mechanisms, in rebalancing imbalanced mechanisms and in resolution of disputes between parties interested in rapid growth and financial leverage and those interested in conservative growth and financial controls.
© Copyright 2004-2008 Bierce & Kenerson, P.C.SM.
Attorney Advertising.
Privacy Policy | Disclaimer | Copyright Notice | Site Map