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Showing papers in "Hastings Law Journal in 1987"








Journal Article
TL;DR: In this paper, the authors explore the scope of the Federal Rule of Evidence 408.1 and the circumstances under which communications made during settlement negotiations can be admitted into evidence at trial, and discuss other possible sources of protection against admissibility, such as stat-
Abstract: The wise lawyer takes care to understand the scope of the protection the law affords to statements made and acts done in connection with settlement negotiations. This Article, which focuses on settlement negotiations in federal courts, begins by exploring the scope of Federal Rule of Evidence 408.1 I describe how far this rule's promise of confidentiality extends and the circumstances under which it would permit communications made during settlement negotiations to be admitted into evidence at trial. Second, this Article discusses other possible sources of protection against admissibility, especially Federal Rule of Evidence 4032 and stat-

10 citations




Journal Article
TL;DR: The formation of a joint venture enables each parent company to gain instant access to key technology, new markets, distribution systems, cheap production methods, or major customers faster and less expensively than if the corporation attempted a takeover or independent development of these assets.
Abstract: A joint venture is one of the most important mechanisms by which enterprises can cooperate with each other and enter new product or geographic markets, especially in the context of international business. Joint ventures between U.S. and foreign parent companies, known as \"strategic alliances\" in trendier circles,' are currently a fast-growing form of -business venture. A joint venture creates a synergistic effect: each enterprise in a joint venture can make up for its partner's deficiencies and the marriage of the enterprises in a joint venture can create a new entity whose power is greater than the sum of the powers of the separate enterprises. The formation of a joint venture enables each parent company to gain instant access to key technology, new markets, distribution systems, cheap production methods, or major customers faster and less expensively than if the corporation attempted a takeover or independent development of these assets. 2 Because a joint venture may bring together companies with different interests, management styles and goals, it creates a potential risk that the parent companies will not be able to cooperate on a practical level as business partners. 3 Conflicts of interest arising from self-dealing, corporate opportunities, and disclosure may cause friction between parent companies.

8 citations