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New Circular to Relax the Filing Process for Foreign-Invested Real Estate Enterprises

In June 2014, the Ministry of Commerce (“MOFCOM”) and the State Administration of Foreign Exchange (“SAFE”) jointly promulgated the Circular Concerning Improvement of Filing Process for Foreign Invested Real Estate...more

Global Briefing: The Intersection of International Investment and Trade

International dispute systems adopted two decades ago have emerged over time as central components of legal, political, and economic development in Latin America. Two distinct systems – international investment and trade –...more

US China Trade–Developments In Trade, IP, Antitrust And Securities

Dear Friends, There have been major developments in the trade, policy, US Exports to China, CFIUS, Chinese Antidumping, US/Chinese antitrust, and securities areas....more

China’s (Shanghai) Pilot Free Trade Zone: Widening the Outbound Investment Pipeline

The launch of the China (Shanghai) Pilot Free Trade Zone (FTZ) last September attracted a lot of attention both inside and outside of China. Since then, the lack of progress implementing stated goals for the FTZ as a...more

Focus on Private Equity - July 2014

In This Issue: - Latin American Private Equity on the Rise - Tax Considerations When Acquiring Non-U.S. Portfolio Companies—Mitigating Subpart F Inclusions - Private Equity Funds at Higher Risk of...more

State Council Released Opinions on Promoting Fair Competition and Maintaining Regular Order in the Market

The Opinions put forward nine articles of guidelines: general requirements; broadening market access; strengthening market supervision; establishing credit basis for market supervision; improving supervision and enforcement;...more

MOFCOM to Confirm Relaxation of Registered Capital Contribution Requirements for FIEs

On June 17, 2014, the Ministry of Commerce (the “MOFCOM”), the major regulator of foreign investment in China, issued the Notice on Improving Foreign Investment Review Administration (the “MOFCOM Notice”) to make it clear...more

Doing Business in Canada: Foreign Investment & Mergers

INVESTMENT CANADA ACT - Non-Canadians who acquire control of an existing Canadian business or who wish to establish a new unrelated Canadian business are subject to the federal Investment Canada Act (ICA). In either...more

MOFCOM’s Pilot Program for Reviewing and Approving Foreign Investment Projects

The People's Republic of China Ministry of Commerce (“MOFCOM”) recently implemented a pilot program to optimize the procedure for reviewing and approving foreign investment projects by central MOFCOM. Effective May 28, 2014,...more

A new test for Mexico’s structural changes: antitrust reform – key points in one chart

Mexico’s President Enrique Peña Nieto has signed a bill formalizing the implementation of important amendments to the Mexican Constitution that primarily cover telecommunications, media and antitrust....more

Emerging Companies - Germany

"INVEST" - Changes in the Government backed program for venture funding - Last year the German Government introduced a program to support venture seed and pre-seed investments into innovative start-ups from private...more

EU Commission Sends Statement of Objections to Three Banks in Cartel Investigation

On May 20, the European Commission announced that it has sent a statement of objections to Credit Agricole, HSBC and JP Morgan for their suspected participation in the euro interest rate derivatives (EIRDs) cartel. The...more

Orrick's Financial Industry Week in Review

EU Commission Sends Statement of Objections to Three Banks in Cartel Investigation - On May 20, the European Commission announced that it has sent a statement of objections to Credit Agricole, HSBC and JP Morgan for...more

French Decree Extends List of Foreign Investments That Must Obtain Prior Authorisation

The French Government issued a decree on 14 May 2014 amending key provisions of the French Monetary and Financial Code dealing with foreign investments. The decree extends the list of investments for which foreign investors...more

China to Relax Governmental Approvals for Outbound Investment

On December 2, 2013, the State Council issued the Circular Concerning Catalogue of Investment Projects Requiring Government Approval (2013 Version)(the “2013 Catalogue”) and introduced new changes[1] to governmental approvals...more

EU State aid rules and the UK's nuclear future

EU law states that the granting of aid by an EU Member State in favour of a particular undertaking is prohibited if it distorts or threatens to distort competition and affects trade between EU Member States....more

Reform of the Audit Market in the EU – Implications For Borrowers and Loan Documentation

A legislative package for the reform of the audit market in the EU has this month been approved by the EU Parliament and adopted by the Council of the European Union. Listed companies will need to change the firms that audit...more

Private Equity Investors Are Not Immune to Antitrust Risks in the EU

Earlier this month, the European Commission imposed fines totaling nearly EUR 302 million on producers of underground and high-voltage power cables, based on allegations that the producers had engaged in illicit market...more

Cartel Fines: Liability of Private Equity Funds

The European Commission has held Goldman Sachs jointly and severally liable for a cartel infringement committed by Prysmian, an Italian cable maker formerly owned by Goldman Sachs’ private equity arm. The decision is a stark...more

Global Investigation of Manipulation of Benchmark Foreign Exchange Rates Focuses on Chat Group of Top Bank Traders

Competition authorities around the world are investigating whether banks manipulated WM/Reuters rates, which are used as a benchmark for foreign exchange (“FX”) rates for trillions of dollars of investment transactions. ...more

Survey: 28 Reasons Why The Typical Compliance Officer’s Week Leaves Dangerously Little Time for Corporate Ethics Training

I just downloaded and read the annual Cost of Compliance survey compiled by Thomson Reuters Accelus. It’s very interesting reading for those of us in the ethics and compliance industry. In my last blog post about the ERC...more

Red Notice Newsletter - March 2014

This month on the anticorruption front, a New York court orders two former Siemens executives to pay record civil penalties in a bribery case involving the company’s Argentina business; Canada prosecutes former executives...more

FTC, PIRG complaint reports highlight consumer dissatisfaction with debt collection industry

The FTC released its annual Consumer Sentinel Network Data Book on February 27, 2014, providing national and state-by-state data on consumer complaints received by the FTC, all U.S. and Canadian Better Business Bureaus, the...more

Commitment To Compliance: The Compliance Committee

Sunday was the 69th anniversary the most iconic photo of World War II, at least from the American perspective. Of course it was the raising of the American flag at Mt. Suribachi on Iwo Jima. To say that one photo cannot...more

C’Mon Man Or The End Of The World?

It’s the end of the world as we know it,It’s the end of the world as we know it,It’s the end of the world as we know it, and I feel fine - The above lyrics came from REM and they reflect how I generally feel about law...more

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