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Business within the Lines: Structuring Teams and Joint Ventures with Small Businesses to Compete Effectively for Government Contracts

Event | 11.04.14, 11:00 AM EST - 1:30 PM EST

Address

Crowell & Moring
1001 Pennsylvania Avenue, NW, Washington, DC 20004

When competing for business with the federal government today, small business status can be the “Golden Ticket” for threshold eligibility for a government contract or provide a competitive edge to securing a government contract as either a prime or subcontractor. However, when relationships are formed between a small business and another contractor (large or small), preserving that prized status is challenging, yet essential to maintaining that competitive advantage. Players of all sizes must understand when and how companies or individuals will be considered “affiliated” for size purposes in order to structure the proposed business relationship to maximize synergies, but avoid affiliation and loss of small business status. This is a true balancing act. Many of the rules and requirements are counter-intuitive, but a small business finding itself on the wrong side of the affiliation line could jeopardize its ability to compete for valuable business opportunities. 

Please join us for a panel of lawyers experienced in the areas of the requirements of the U.S. Small Business Administration for practical advice on how to structure strategic, yet compliant subcontracts and joint ventures designed to preserve small business status.  Topics include:

  • Understanding the affiliation spider-web
  • Financing and equity interests – how much is too much?
  • Negative control is still control
  • Spin-offs, friends, and family
  • Allocation of work share
  • When and how are joint ventures permissible?
  • Common pitfalls in proposals and agreements
     

Please join us after the panel discussion for cocktails and networking, co-sponsored by Wells Fargo, to continue the discussion with our panel and industry peers.

For more information, please visit these areas: Corporate and Transactional, Government Contracts

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.