Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority by McDermott Will & Emery on 5/23/2012 The main developments in antitrust are: 1. Merger Control (Art. 5-bis); From 1 January 2013: The Italian merger control thresholds will be cumulative and no longer alternative (i.e. the combined...more
M&A and Private Equity Update by Akerman Senterfitt on 5/23/2012 This year’s edition reflects relative consistency of national trends with the prior year. While aggregate transaction activity nationally in 2011 was only marginally higher than in 2010, we are pleased that our clients...more
Assessing Risk? ethiXbase is an Invaluable Tool by Thomas Fox on 5/23/2012 Put another way, what is the best one-stop database site for anti-corruption and anti-bribery on a worldwide basis? I think that the answer is will lead you to one resource that I would suggest you take a very hard look and...more
Mergers & Acquisitions Law Report - May 7, 2012: Summary of Required Financial Statements of Businesses Acquired or to Be Acquired by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 Reproduced with permission from Mergers & Acquisitions Law Report, 15 MALR 686, 05/07/2012. Copyright 2012 by The Bureau of National Affairs, Inc. Rule 3-05 of Regulation S-X requires audited financial statements to be...more
The Homestead Act and Doing Compliance by Thomas Fox on 5/21/2012 This drove home to me that what a company really needs to accomplish regarding compliance is to do the day-to-day work in its company to help create and foster a culture of compliance. Recently May 7-11 was designated as...more
Facilitation Payments Under the FCPA [Video] by Thomas Fox on 5/18/2012 A review of the requirements for the facilitation payment exception under the FCPA....more
Door to NASDAQ's New Alternative Listing Options Opens Slowly for Reverse Merger Companies by Pillsbury Winthrop Shaw Pittman LLP on 5/18/2012 On April 18, 2012, the SEC approved a Nasdaq proposal for an alternative to the current $4 per share initial listing bid price requirement on the Nasdaq Capital Market. The alternative will require a closing price of either...more
The End is Nigh? MLB and Fairness in Administration of a FCPA Compliance Program by Thomas Fox on 5/18/2012 Less than three months after he ruled against Major League Baseball (MLB) in the Ryan Braun suspension, Arbitrator Shyman Das was fired by MLB. He had been an approved arbitrator under the MLB Collective Bargaining Agreement...more
Fed Opens the Door to Increased Chinese Investment in U.S. Banking Organizations by Reed Smith on 5/17/2012 On May 9, 2012, the Federal Reserve Board (“FRB”) released three orders approving investments in the U.S. banking market by entities based in China. The investments, which consist of the acquisition of 80 percent of a...more
The Value in Conducting Thorough Background Checks on Executives by Thomas Fox on 5/17/2012 Internet giant Yahoo! has now been forced to undertake another extensive search for a Chief Executive Officer to help salvage its underperforming business. Today it was announced that Scott Thompson would be stepping down...more
JPMorgan Chase and Compliance Risk by Thomas Fox on 5/16/2012 One of area that is an important part of a minimum best practices compliance program under the Foreign Corrupt Practices Act (FCPA) or the UK Bribery Act is risk assessment. Indeed in a recent video podcast on the site...more
Letter to Cicero – Lesson for the Compliance Practitioner from the Roman Republic by Thomas Fox on 5/15/2012 Most people will recognize the name Cicero as that of one of the greatest orators of the Roman Republic. In 64 BC he ran for Consul and was elected, beginning his term in March, 63 BC. In this month’s issue of Foreign...more
The Shelby Mustang and Continued Development of a FCPA Compliance Program by Thomas Fox on 5/14/2012 Carroll Shelby died last week. For anyone who following racing or loved the Muscle Car Era, no light shone brighter that Shelby’s. In 1959 (a little before I started to follow racing) Shelby was the first Texan to win...more
Corporate Hospitality under the FCPA and Bribery Act [Video] by Thomas Fox on 5/12/2012 What guidelines should you follow if you want to engage in corporate hospitality for the upcoming Summer Olympics in London?...more
Federal Reserve Approval of ICBC Acquisition Clears the Way for Chinese Bank Acquisitions of US Banks by White & Case LLP on 5/11/2012 On May 9, 2012, the Board of Governors of the Federal Reserve System (“Board”) issued an order approving the first acquisition of a US bank by a bank organized under the laws of the People’s Republic of China (“ICBC Order”)....more