Companies often look to enter new geographic or product markets through joint ventures or strategic alliances rather than by acquisitions or organic growth. Joint ventures and strategic alliances can allow the parties to benefit from their respective technologies, geographic presence and core competencies without the costs of internal development or external acquisition, while mitigating some of the risks of "going it alone."
We represent clients in the formation of domestic and international joint ventures and strategic alliances in a variety of industries, including telecommunications and cable, media, financial services, manufacturing, food and beverage, healthcare and pharmaceuticals. Our clients have included parties with financial resources or technical expertise teaming with a local partner to access a new market, as well as incumbent businesses seeking external partners to provide growth capital or access to cutting edge products and technology. We have also advised clients in numerous technology pooling and joint development agreements, where the parties combine their existing intellectual property or R&D efforts to develop and exploit new products and technologies. We also advise on structural and tax planning issues, and assist clients in developing workable governance mechanisms for the venture or alliance. We are well-versed in the antitrust and competition law issues raised by such alliances when the parties are actual or potential competitors in other markets.
Unfortunately, even with the best documentation and preparation, studies show that over 60% of joint ventures and strategic alliances ultimately "fail." As part of our practice, we have worked with clients to analyze the most common root causes of such failures so that we can help increase the likelihood of success and lay the groundwork for an orderly exit if necessary.