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"China M&A: Reform Plan Promotes Mixed Ownership of State-Owned Enterprises"

Chinese state-owned enterprises (SOEs) have played a significant role in the world's second-largest economy, with over 155,000 SOEs valued at approximately $17.4 trillion at the end of 2013 spanning almost every industry...more

"The US High-Yield Market: Balancing Risk and Return in 2015"

The U.S. high-yield market delivered the third strongest year by volume in 2014, with more than $310 billion of primary issuances, thanks in large part to the most active year in the M&A market since before the financial...more

FCPA Compliance and Ethics Report-Episode 125, The Oscars and Compliance, Part II with Jay Rosen [Video]

In this Part II of my five part series on the Oscars and Compliance, Jay Rosen and I take a look at the pre-Oscar awards and consider how a language assessment should related to your overall compliance risk assessment. ...more

Indiana Department of Revenue Rules Forced Disposition is Nonbusiness Income

In Letter of Finding No. 02-20140306 (Dec. 31, 2014), the Indiana Department of Revenue (Department) determined that income from the sale of two operating divisions of a business pursuant to an order of the Federal Trade...more

Ruling Demonstrates Potential for Inversion Rules to Apply in Inbound Structures

In Private Letter Ruling 201432002 (the “PLR”), the IRS ruled that a foreign-to-foreign “F” reorganization did not implicate the Section 7874 anti-inversion rules. As a result, a foreign corporation (that was 100 percent...more

FCPA Compliance and Ethics Report-Episode 123-Jim Moore on Translations as Preventative Tool in FCPA Compliance [Video]

In this interview, I visit with Jim Moore, EVP of Merrill Brink for a discussion of how language translations can be used as preventative tool in...more

FCPA Compliance and Ethics Report-Episode 122-with Matt Kelly on Alstom, Avon and Petrobras [Video]

In this episode, Compliance Week Editor-in-Chief Matt Kelly and I discuss the Avon and Alstom FCPA enforcement actions and then take a look at the ongoing Petrobras corruption scandal and what it means for Brazil. ...more

Missouri Mergers And Acquisitions

After a rather slow start in 2014, the mergers and acquisitions (M&A) activity picked up considerably during the second half of the year. We look for a busy 2015 as the “chatter” throughout the industry continues. Many...more

"Important but Frequently Overlooked Reporting Requirements for Inbound and Outbound Direct Investment Involving US Entities"

Pursuant to the requirements of the International Investment and Trade and Services Survey Act and related statutes, the U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) collects information on international...more

HSR Filing Threshold Increases to $76.3 Million

The U.S. Federal Trade Commission (“FTC”) announced on January 15, 2015 that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will be raised less than one percent from the...more

FCPA Compliance and Ethics Report-Episode 121-FCPA Year in Review, Part II [Video]

In this episode I review the two Opinion Releases, Esquenazi court decision, DOJ communications via speeches on FCPA enforcement. I end with a look at 2015. ...more

Delaware Corporate Law And Litigation: What Happened In 2014 And What It Means For You In 2015

In This Issue: - Delaware’s Leading Role in Business and Business Litigation - Curbing Stockholder Litigation: Exclusive Forum and Fee-Shifting Provisions - Two-Tiered Poison Pill Targeted at Hedge Fund...more

FCPA Compliance and Ethics Report-Episode 120-Prof. Andy Spalding on the problem of hiring family members under the FCPA [Video]

In this episode I visit with Professor Andy Spalding on his debate with Prof. Matthew Stephenson around the question or hiring family members in compliance with the FCPA...more

FCPA Compliance and Ethics Report-Episode 119-FCPA Year in Review, Part I [Video]

In this episode I begin a two-part review of the 2014 FCPA year. In this episode I review some of the significant corporate enforcement actions. ...more

Why Every Day Is Proxy Season for Public Companies  [Video]

Jan. 9, 2015 (Mimesis Law) -- Historically, the proxy season for public companies ran from January through the spring, but it now has become a year-round concern. In a conversation with Mimesis Law’s Lee Pacchia, Foley...more

Recent Changes to the BEA Foreign Direct Investment Reporting

The U.S. Department of Commerce, through the Bureau of Economic Analysis (the “BEA”), requires certain U.S. entities (such as investment funds or their portfolio companies) to file annual reports of foreign direct investments...more

FCPA Compliance and Ethics Report-Episode 118-the Alstom FCPA Enforcement Action [Video]

In this episode 118, I take a deep dive into the Alstom FCPA enforcement action and its implication for the CCO and compliance practitioner. I also discuss comments from Dick Cassin and the FCPA Professor on the case. ...more

China Commits to Modify Enforcement of Anti-Monopoly Law

On December 19, trade officials from the United States and China wrapped up a three-day trade conference in Chicago. As attendee and U.S. Trade Representative Michael Froman stated, the 25th annual Joint Commission on...more

Investment Law amendment in Vietnam

On 26 November 2014 the National Assembly of Vietnam approved amendments to the 2005 Investment Law and the 2005 Enterprise Law to improve the legal framework for investment in Vietnam. Those amendments will be effective...more

The Glencore giant, the law’s Lilliputians, and the mining and metals markets: Glencore-Rio Tinto II: Can it negotiate the merger...

James Killick, John Tivey, Rebecca Campbell, Jan Jeram and Anthony Elghossain of global law firm White & Case examine the process and the issues that may arise should such a deal come to fruition. The market’s been...more

Takeover Monthly, 2014/10: Current public tender offers under the German Securities Acquisition and Takeover Act

Current offers in the sign of confrontation - ..The two current offers, the mandatory offer to the shareholders of C.A.T. oil AG and the takeover offer for shares of Hawesko Holding AG, are unsolicited offers. Takeover...more

Mining & Metals: Opportunity & Risk— From bust to boom? Positioning for the future

With an ongoing malaise in the mining and metals markets, industry participants have continued to anticipate, identify and respond to risks differently. Some participants have elected to retreat from emerging economies,...more

Corporate & Tax E-Note - December 2014

In this issue: - SEC Crowdfunding Rules Delayed Until October 2015 - Mega M&A Experiencing One of Biggest Booms in History - Some Small Business Owners Say Tax Break Extension Not Enough - 2014...more

FCPA Compliance and Ethics Report-Episode 115-Tom Fox and Matt Kelly on COSO, Bruker Corp, Dallas Airmotive and Alstom [Video]

In this episode Compliance Week editor Matt Kelly and I discuss the COSO 2013 Framework implementation and its changes from the prior Framework. We also discuss the recent Bruker Corp & Dallas Airmotive FCPA enforcement...more

Top 10 Topics for Directors in 2015

In this issue: - Strategic Planning Challenges - Cybersecurity - Assess the Impact of Advances in Technology and Big Data - Shareholder Activism - The Return of M&A - Risk...more

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