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Ten things to consider when you do a leveraged finance deal in Germany

European Leveraged Finance Alert Series: Issue 2 - As forecasted in our 30 January 2017 publication "European leveraged debt fights back," we expect 2017 to be a year where high yield bonds and covenant light "term loan...more

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

Enforcement of the 2016 Financial Information Published by Issuers Subject to the Transparency Law - In accordance with the Luxembourg law of 11 January 2008 on transparency requirements for issuers, the CSSF monitors...more

5 Ways to Brexit–Proof Your Existing Contracts

Companies should be reviewing their existing contracts — at least those which may still apply at the point of Brexit — and amending the standard terms of business they propose to use from now on, to account for when the UK...more

Supreme Court Rules In Life Technologies Corp. V. Promega Corp.

On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of...more

New Guidance from the DOJ on Your Compliance Program

The U.S. Department of Justice (DOJ), Criminal Division, Fraud Section, recently released new guidance associated with its Guide to the U.S. Foreign Corrupt Practices Act. The guidance, entitled Evaluation of Corporate...more

Litigation Alert: The Supreme Court Reverses Federal Circuit Ruling on Extraterritorial Patent Infringement

In an opinion that will likely give peace of mind to businesses shipping products from the U.S. abroad, Justice Sonia Sotomayor, writing for a unanimous Supreme Court, reversed the Federal Circuit in Life Technologies v....more

U.S. Tax Reform – Border Adjustment Proposal: Current Status, and How Your Company May Be Affected

On 24 June 2016, the Republican Speaker of the U.S. House of Representatives, Paul Ryan, and House Ways and Means Chairman Kevin Brady released a sweeping "Blueprint" proposal to reform the U.S. tax code. A critical component...more

Horse-trading Your Way to a Better Compliance Program

On this day in 1836, Colonel William Barrett Travis issued his now famous call for help on behalf of the Texan troops defending the Alamo. It has gone down as one of the great cries for freedom-loving peoples everywhere. The...more

Your Daily Dose of Financial News

FinCEN is extending its campaign to press title insurance companies to reveal the real buyers behind shell companies that pay cash for high-end real estate deals in select cities around the country....more

Orrick's Financial Industry Week In Review

Financial Industry Developments - New York Department of Financial Services Promulgates First-in-the-Nation State Cybersecurity Regulation - On February 16, 2017, the New York Department of Financial Institutions...more

What to do if you suspect your EB-5 project is in trouble

Managers and Investors in EB-5 Investment Funds should regularly monitor their investments in EB-5 Projects and be ready to take protective actions if their EB-5 Projects show signs of trouble. It is vitally important...more

Article 29 Working Party Releases Procedures, Template Complaint Form for Privacy Shield Complaints

On February 20, 2017, the Article 29 Working Party released procedures and a template complaint form for implementing the EU-US Privacy Shield. The procedures govern the functioning of the informal data protection authority...more

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

Central Bank Signs Off on CP86 with a Location Rule Compromise - The Central Bank published its Third Consultation and Feedback Statement on CP86 on 19 December 2016. While the multi-location rule was abandoned, the...more

The future is now – the law on robots

The European Parliament (EP) is the first legal institution in the world to have initiated work of a law on robots and artificial intelligence (AI). It refers in particular to robots with the capacity to be trained and make...more

Claimants' Guide to Antitrust Competition Litigation in EU

Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more

New cybersecurity watchdog suggests greater compliance challenges ahead for overseas companies in China

Developments this month continue to signpost a more challenging compliance environment ahead for non-Chinese technology companies and those operating online in China. The Chinese Government's continued scrutiny over...more

Court of Appeal confirms the conventional operation of extension of time provisions

The Court of Appeal in Carillion Construction Limited v EMCOR Engineering Services Limited [2017] EWCA Civ 65 has confirmed that the industry-wide practice of awarding extensions of time running contiguously from the previous...more

When Will Shareholders Force Boards to Do Compliance?

Today we honor one of the most iconic moments of World War II (WWII) and one of the most famous photographs of all time, that of the Marines raising the US flag on Mount Suribachi on the island of Iwo Jima. Marine...more

Belgian Retail Newsletter: FLEMISH REGION: Drastic reform of the Flemish permit landscape

INTRODUCTION - For many years, various Flemish real estate projects (including retail, industrial, etc.) were subject to one or more permits: a building permit for the urban planning aspects, an environmental permit for...more

Trump Wants to “Tweak” NAFTA

After meeting with Prime Minister Justin Trudeau in early February, President Trump said he plans to “tweak” the North American Free Trade Agreement (NAFTA) with Canada. Before this announcement, it was unclear whether the...more

Who Will Bear the Brunt of a NAFTA Renegotiation?

President Trump's plans to renegotiate the North American Free Trade Agreement (NAFTA) give rise to a number of questions about the future of trade between the United States, Mexico and Canada. While such a move might...more

Court of Appeal confirms relevance of communications subsequent to an alleged contract

Contract negotiations necessarily involve much toing and froing between the parties, but at what point does the contract become final? When can you stop taking further exchanges into account and what is the effect of "subject...more

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

AMF Consultations - Corporate Finance Advice and Intermediation in Miscellaneous Assets - The Autorité des Marchés Financiers (the “AMF”, the French financial markets authority) has recently launched two public...more

Parallel Universes: Antitrust Leniency and the FCPA Pilot Program

The world of science fiction can be exhilarating. If you ever read The Foundation Trilogy or Martian Chronicles, you know what I mean. The concept of parallel universes has always been an intriguing idea where believers can...more

First ‘Trial of the Century’ and the SQM FCPA Enforcement Action – Part II

Today I conclude my two-part series on the recent Foreign Corrupt Practices Act (FCPA) enforcement action involving the Chilean chemicals and mining company Sociedad Química y Minera de Chile (SQM), which agreed to pay a...more

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