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White Collar Watch - July 2013

In This Issue: - Factors in Forfeiture: Eleventh Circuit Rules in Seizure of Rothstein Ponzi Assets - Health Care False Statement Statute Serves as Backstop for Government In Nearly Failed Prosecution -...more

Compelled Waiver of Foreign Bank Secrecy for Discovery of Records Abroad

There are many branches, agencies, and subsidiaries of foreign banks licensed to conduct banking business here in New York. These foreign-bank offices are often the targets of civil discovery requests seeking production of...more

Don’t Cry for Me Argentine Bondholders: Argentina Seeks Supreme Court Review

Argentina filed a petition for writ of certiorari in US Supreme Court: what Argentina wants, when the Supreme Court will answer, and whether or not Argentina will get its day in the high Court. On June 24, the Republic...more

PCAOB Announces Agreement With China On Production of Audit Work Papers – A Step Forward or Lip Service?

On May 24, 2013, the Public Company Accounting Oversight Board (“PCAOB” or the “Board”) announced that it had signed a Memorandum of Understanding (“MOU”) with Chinese securities regulators that would enable the PCAOB under...more

Court of Appeals Affirms Validity of New York Choice-of-Law Provisions

The New York Court of Appeals has held that where a contract contains a New York choice-of-law provision and is otherwise subject to New York General Obligations Law Section 5-1401, New York substantive law will apply and the...more

Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation? [Video]

Nov. 21 (Bloomberg) -- What did the Hostess Brands Inc. labor unions and management know about the company's imminent failure and when did they know it? That's the first topic for discussion on this week's Bloomberg...more

Registered Share Capital System in Non-Publicly Traded Joint Stock Companies under the Turkish Commercial Code

This article highlights the legal framework introduced by the new Turkish Commercial Code No 6102 on registered share capital system in non-publicly traded joint stock companies....more

General Assembly of Partners Meeting and Decision Quorum in Limited Liability Partnerships under the Turkish Commercial Code

This note outlines General Assembly of Partners Decision and Meeting Quorums, as amended by the new Turkish Commercial Code No 6102, which entered into force on 1 July 2012....more

FBAR Deadline Approaches - Risks Increase

AS the June 30 deadline for filing a Report of Foreign Bank Account (FBAR) approaches the risks of non-compliance increase. A recent Petition to the U.S. Supreme Court illustrates the problem. The case, M.H. v. U.S arises...more

Time for a sharp Grexit?

Business implications of Greece leaving the Euro - would you get paid,and in what currency? What should you do if selling to Greece or if you have assets there? An English lawyer's perspective....more

Iran-Related Investment Bill Clears Committee

On May 2, 2012, the California Assembly Insurance Committee approved a bill that would direct the insurance commissioner to treat a domestic insurer’s investment in a company that has business operations in Iran as a...more

UK Judgment Validates ISDA Master Agreement Performance Suspension Provision

Section 2(a)(iii) of every standard International Swaps and Derivatives Association (ISDA) Master Agreement provides in relevant part that a non-defaulting party does not have to perform so long as any event of default or...more

Attorney Client Privilege for In-House Counsel

The question of attorney-client privilege (herein “the privilege”) for in-house counsel can be a vexing one, yet one that has significant implications for investigations and enforcement actions under the Foreign...more

Country's indebtedness as potential threats in doing business: The DR. CONGO, China and Vulture Funds

Protection against creditor litigation enables China to successfully compete for natural resources around the world and that route need to be followed by the Democratic Republic of Congo...more

The NAFTA, Preemption And Where In the World Are The Reservations?

Earlier, I wrote this post about the exemption from registration found in Section 3(a)(2) of the Securities Act for “any security issued or guaranteed by any bank”. For purposes of this statute, a “bank” generally means “any...more

Aircraft Finance in Aruba

This month marks the first anniversary of the entry into force in Aruba of the Cape Town Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters specific to Aircraft Equipment (together...more

Aircraft Finance in Aruba

This month marks the first anniversary of the entry into force in Aruba of the Cape Town Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters specific to Aircraft Equipment. The Cape...more

ISDA Agreements Between Banks And Mexican Corporation Are Enforceable Despite Illegality Defense Due To Choice Of Law Clause In...

In four related cases, Merrill Lynch Capital Markets AG and Merrill Lynch Capital Services, Inc. v. Controladora Comercial Mexicana S.A.B. De C.V., Index No. 603214/2008 (Sup. Ct., NY County, March 16, 2010), JPMorgan Chase...more

Islamic Finance in Relation to Capitalism & Socialism

Speech at the United Nations to the Ambassadors of the 57 Member States of the Organization of the Islamic Conference on the inherent obstacles to capital formation in classical Islamic law, the Shari'a....more

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