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Antitrust Liability And Subsidiary Companies

In Tesco Stores Ltd & ors v Mastercard Inc & ors [2015] EWHC 1145, 24 April 2015, Mastercard was unsuccessful in attempting to strike out the claimants' antitrust claim in relation to the setting of multilateral interchange...more

Is It All Now Transparent? UK Supreme Court Case on Delaware LLCs Leaves Open Questions on Entity Classification for UK Tax...

The UK Supreme Court delivered an unexpected final judgment on 1 July 2015 in the long-running case of Anson v Commissioners for Her Majesty’s Revenue & Customs [2015] UKSC 44. Reversing the decisions of the Upper Tribunal...more

Keep Calm and Sip Some Sparkling Wine

Many who enjoy champagne have noticed that their favorite cuvée has quietly changed its label. Many of the world’s bottles of bubbly now indicate that they contain “sparkling wine” when they used to be “champagne.” Those who...more

Cross-Border Activities: Benefits of Filing “Protective” Returns

With the increasing focus by the Internal Revenue Service (IRS) on offshore activities, it is important to understand the tax return and information return filing obligations that may be associated with such activities....more

Benchmarking Bribery & Corruption: Compliance Progress & Frustration

In 2014 I wrote about the Kroll and Compliance Week 2014 Anti-Bribery and Corruption Benchmarking Report, subtitled Untangling the Web of Risk and Compliance. I found the 2014 Report to be extremely relevant and engaging,...more

Russian Legislation Update

In This Issue: - Undesirable organizations - Banking - Employment/Court Practice: a Company’s CEO and Members of the BOD - Excerpt from Undesirable Organizations: On 23 May 2015 the Russian...more

U.S. Perspective on Intercompany Cross-Border Loans – Follow Best Practices and Avoid Unintended Consequences

When funds are moved through a corporate group, whether to fund an acquisition or the working capital needs of an affiliate, the transfers may be recorded as book-entry advances and not documented or documented at a later...more

New UAE Commercial Companies Law: Key Developments

Following the publication of the new Federal Law (No.2 of 2015), the new Commercial Companies Law (NCCL), in the Federal Gazette in March 2015, the NCCL comes into effect today. While the NCCL replaces the previous...more

CBP Offers to Negotiate With Foreign Customs on Exporters' Behalf

On June 18, 2015, U.S. Customs and Border Protection (CBP) announced in the Federal Register that it would be accepting “requests for assistance” from exporters who are dealing with valuation or classification issues with...more

New UAE Commercial Companies Law: Overview

Federal Law No. 2 of 2015 (the New Commercial Companies Law, (NCCL)) was issued and contained in Federal Gazette No. 577 with the publication date of 31 March 2015. As such the new law comes into effect three months from the...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Luxembourg Infrastructure Investment Vehicles - New Brochure - The Association of the Luxembourg Fund Industry (ALFI) has issued new technical guidelines regarding “Luxembourg Infrastructure Investment Vehicles”,...more

Anti Bribery Compliance Tactics Learned Behind Bars | 6 Ways to Protect Your Front-Line Employees from Temptation (Part 1)

If you encountered Richard Bistrong at a cocktail party, your first instinct would likely be to comment on his fashionable glasses or his experience running marathons, rather than to ask about his time in prison. As Richard...more

Tax Newsletter - March/April 2015 (China & Hong Kong)

In This Issue: The People's Republic of China: - China Tightens Tax Control Over Cross-Border Intercompany Payments - China Provides Further EIT Incentives For Integrated Circuit Industry - Expansion of...more

SEC Division of Corporation Finance Issues New C&DIs Relating to New “Regulation A+”

On June 23, the Securities and Exchange Commission’s Division of Corporation Finance issued new Compliance and Disclosure Interpretations (C&DIs) relating to the recently expanded Regulation A, commonly referred to as...more

Canadian Wrapper Exemptions Implemented as Rules

The Canadian securities regulators have finalized rule changes that would enable foreign issuers (including governments) to make private placement offerings to permitted clients in Canada as part of a global offering without...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Corporate Governance for Investment Firms - The Central Bank has issued a consultation paper regarding the appropriate corporate governance requirements to be applicable to investment firms. The relevant paper, CP 94,...more

Ruling of First Impression: Employees Working Abroad Do Matter for Thresholds of Corporate Co-determination in Germany

In a February 16, 2015, decision from the Regional Court of Frankfurt a. M. (ref.: 3-16 O 1/14), the court determined that employees working outside of Germany have to be taken into account when determining whether or not the...more

Government Contracting Abroad: Beware Compliance Risks

On June 16, 2015, IAP Worldwide Services Inc., a private defense and government contracting company, agreed to pay $7.1 million to settle criminal charges of the U.S. Foreign Corrupt Practices Act (FCPA) related to bribing...more

Formation of Private Equity and Venture Capital Funds

The Cayman Islands has long been the most prominent offshore jurisdiction through which to structure offshore private equity and venture capital funds. Why the Cayman Islands? The attractions for international...more

WCO publishes guide to customs valuation and transfer pricing

The challenges faced by multinational enterprises (MNEs) in navigating the interface of transfer pricing and customs valuation rules is not a new phenomenon. However, due to a marked increase in recent years of the number of...more

Blog: Should You Invest in Foreign Patent Protection?

If you run a tech company, should you invest in foreign patent protection? On one hand, worldwide patent protection can be incredibly valuable, especially for a product with a worldwide market. On the other hand, obtaining...more

"Mutual Fund Recognition Scheme Further Opens China’s Financial Markets"

The liberalization of China’s financial markets continues at a rapid pace. For April and May 2015, the combined average daily value of trade on China's stock exchanges1 was around US$150 billion, compared to around US$40...more

Deadline Approaching for Submission of 2014 BEA Surveys of U.S. Direct Investment Abroad and Foreign Direct Investment in the U.S.

The Bureau of Economic Analysis (BEA) of the U.S. Commerce Department is conducting its quinquennial (every five years) survey of investment in foreign entities. The BE-10 Benchmark Survey (BE-10 Survey) is the most...more

"HKEx Will Proceed With Formal Consultation on Weighted Voting Rights"

On 19 June 2015, the Stock Exchange of Hong Kong Limited (HKEx) published conclusions to its concept paper on weighted voting rights (Concept Paper), announcing that it will proceed with conducting a formal consultation...more

Another Dubious Assertion Concerning Section 2115

I have often written about numerous provisions of the California Corporations Code that expressly apply to foreign corporations meeting specified tests. The most famous, but not the only, statute of this breed is Section...more

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