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Generally,
a joint venture is another name for a partnership
or other business entity formed typically by two
companies to pursue a common business plan. Because
a joint venture is typically a legal entity, the
documentation creating the joint venture is typically
lengthy and complex.
A strategic
alliance, on the other hand, usually does not
create a separate legal entity, and is more of
a memorandum of good faith understanding to cooperate
on matters that the parties choose to cooperate
on. While strategic alliances are not intended
generally to create material rights, duties and
remedies among the participants, they remain important
for marketing and can be an important selling
tool. While informal from a legal perspective,
they can nevertheless generate mutual benefit
without mutual, long-term commitment. A strategic
alliance is usually easy to document.
Counsel
can help you identify the issues and craft a joint
venture or strategic alliance that reflects the
business realities, delivers the intended legal
consequences and avoids unintended legal entanglements.
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