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Cannabis companies: Think twice about ‘Alternative Public Offerings’

by Thompson Coburn LLP on

As many cannabis industry watchers know, one of the primary challenges still facing cannabis businesses is access to capital, as we have discussed previously on Tracking Cannabis. Heavy regulation in the industry and...more

European Commission Consults on Conflicts of Law Rules for Securities Ownership

by Shearman & Sterling LLP on

The European Commission has published a consultation paper on conflicts of law rules for securities ownership, addressing so-called third party effects of transactions in securities and claims. The consultation relates to the...more

Sea Change in Nazi-looted Art Claims? The HEAR Act is Put Into Action

by Sullivan & Worcester on

Two pending cases have invoked the new law - A recent article in the New York Times highlights the change that the recent passage of the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 has had on disputes about...more

The US and EU finalize a Covered Agreement on insurance and reinsurance regulation

by Dentons on

On January 13, 2017, the US Treasury reported to Congress that Treasury and the US Trade Representative (USTR) had successfully concluded negotiations with the EU on a Covered Agreement (the Agreement) that would presumably...more

Investigatory Powers Act 2016 cast into doubt by new EU ruling

by White & Case LLP on

The Court of Justice of the European Union (the "CJEU") has ruled that EU Member States cannot pass laws that require communications service providers to carry out general and indiscriminate retention of communications data...more

The CJEU Gives the UK Government Another Brexit Dilemma

by Hogan Lovells on

In yet another key case dealing with the balance between citizens’ privacy and the ability of the state to intrude into it, the Court of Justice of the European Union (CJEU) has ruled on the compatibility with European Union...more

Supreme Court Day 4: in the end, it is about where to start

by Hogan Lovells on

Today was the final day of the Supreme Court hearing of the Article 50 case (R (Miller and Ors) v Secretary of State for Exiting the European Union). The Court heard submissions from the Scottish and Welsh governments as well...more

Road Map to Europe II - Bridging the Documentation Gap Between the US and Europe in Venture Capital Transactions

It's a common issue: a US venture capitalist and a European company agree on the commercial terms of an investment transaction and think that the hard work is done but quickly find themselves at an impasse over the way the...more

A Sovereign Thumb on the Scale: Appeals Court Defers to China’s Interpretation of Its Own Laws To Dismiss Antitrust Suit

The Second Circuit recently set aside a $147 million verdict against two Chinese companies accused of conspiring to fix the price and supply of vitamin C sold to U.S. buyers. In re Vitamin C Antitrust Litigation. The panel...more

WSGR Persuades Second Circuit to Overturn $150 Million Judgment Against Chinese Vitamin C Manufacturers

On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price...more

Comity Over Competition in Vitamin C Antitrust Litigation

Forced to choose between the competing concerns of international comity and United States antitrust law in In re: Vitamin C Antitrust Litigation, a unanimous panel of the Court of Appeals for the Second Circuit decided this...more

Withholding Tax Contrary to EU Law: The Brisal Case

On 13 July, the Court of Justice of the European Union (CJEU) released its decision in the Brisal case (C-18/15). The Brisal case has potentially far reaching implications for European Union (EU) businesses that either...more

Bongs and Busts – the Danger of State Cannabis Laws to Non-U.S. Citizens

by Garvey Schubert Barer on

Seattle, Washington, where I practice, is one of the most popular tourist destinations in the U.S. Its natural beauty and cosmopolitan vibe are two of its biggest attractions. But increasingly, Cannabis Tourism has been a...more

Chemical Industry: Significant Changes to Toxic Substances Control Act (TSCA) Require Attention

by Shipman & Goodwin LLP on

On June 22, 2016, President Barack Obama signed into law, effective immediately, the first substantive amendments to the Toxic Substances Control Act (TSCA) since it was enacted forty years ago. The new public law, known as...more

FCPA Compliance and Ethics Report-Episode 263-Profit Disgorgement Issues in FCPA Enforcement Actions

by Thomas Fox on

In this episode I visit with Miller & Chevalier lawyers Marc Bohn and George Hani on the recent IRS determination that profit disgorgement is not tax deductible and the Graham decision which limited profit disgorgement claims...more

Corporate and Financial Weekly Digest - Volume XI, Issue 24

SEC/CORPORATE - DC Circuit Court Rejects States’ Challenge of Blue Sky Preemption Under Regulation A+ - On June 14, the Federal Court of Appeals for the District of Columbia (the DC Circuit) rejected challenges...more

2nd Circuit Again Declines to Apply Alien Tort Statute to Corporate Activities Abroad

A recent U.S. Court of Appeals for the Second Circuit ruling is an important decision for corporations with foreign operations. In 2011, the U.S. Court of Appeals for the Second Circuit, in Kiobel v. Royal Dutch Petroleum...more

HEAR Act Introduced by Sen. Ted Cruz to Create Federal Standard for Holocaust Art Claims

by Sullivan & Worcester on

Among the many challenges that litigants over Nazi-looted art face in the United States is a lack of uniformity. Statutes of limitations vary from jurisdiction to jurisdiction, and interpretations of jurisdictional laws like...more

Petrobras Rulings on SLUSA Preemption and Brazilian-Law Damages

In re Petrobras Securities Litigation continues to produce interesting developments – this time on SLUSA preemption and Brazilian law. On March 12, 2016, the U.S. District Court for the Southern District of New York held...more

English High Court Rejects Challenge to Arbitral Award on Basis of Apparent Bias

by Morgan Lewis on

A recent case raised an interesting issue regarding the relationship between English law, which suggested there was no apparent bias, and the International Bar Association Guidelines on Conflicts of Interest in International...more

Blog: #Brexit & Sovereignty – Has Parliament Really Given Its Sovereignty Away?

by Cooley LLP on

As a matter of UK law, Parliament is sovereign. No other body has higher standing. Parliament can make any law it likes. The only thing it can’t do is bind its successors. When the UK joined the European Community (as it...more

A Quick Take on Justice Scalia’s Legacy on Antitrust Law

The late Justice Antonin Scalia was not the biggest fan of antitrust law. As he famously quipped during his Senate confirmation hearing: “In law school, I never understood [antitrust law]. I later found out, in reading the...more

The U.N. Convention on Contracts for the International Sale of Goods Trumps the UCC

VLM Food Trading International, Inc. (“VLM”), a Montreal-based supplier of foods, sold frozen potatoes from time to time to Illinois Trading Company (“IT”), a United States company located in Illinois. After nine successful...more

State Statute Of Limitations For Recognition Of Foreign Judgments Held Not Preempted By FAA

by Carlton Fields on

National Aluminum Co., Ltd. (“NALCO”) prevailed in arbitration held in India against Peak Chemical Corp. in 2005. Ultimately, the award was affirmed on appeal by an Indian court in February 2012. When earlier this year, NALCO...more

European Court of Justice Rules that a Scottish Law Establishing Minimum Unit Pricing for Alcoholic Drinks May Violate EU Law

by McDermott Will & Emery on

On 23 December 2015, the Court of Justice of the European Union (ECJ) – Europe’s highest court – ruled that a Scottish law establishing minimum unit pricing for alcoholic drinks may violate European Union law. The case...more

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