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Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Day 14 of One Month to More Effective Compliance for Business Ventures-Auditing Joint Ventures

by Thomas Fox on

Joint ventures provide many FCPA risks that other types of business relationships do not bring. For instance, the joint venture may interact with foreign government officials or employees of a state-owned enterprise; then...more

Governance & Securities Law Focus: Europe Edition, October 2017

by Shearman & Sterling LLP on

In this newsletter, we provide a snapshot of the principal European, US and selected international governance and securities law developments of interest to European corporates. Please see full Newsletter below for more...more

Day 13 of One Month to More Effective Compliance for Business Ventures-Compliance Terms and Conditions in Joint Venture Agreements

by Thomas Fox on

Numerous US companies have come to FCPA grief for their overseas joint ventures and the continue to be a bane for many companies under the Act. There are some basic compliance terms and conditions which should be considered...more

Asset Management Regulatory Roundup - October 2017 - Issue 8

by Dechert LLP on

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on US-EU equivalence of certain OTC derivative rules; the FCA asset management...more

End and refund of the French 3% tax on distributions

by White & Case LLP on

The French Constitutional Court rules that the 3% contribution on distributions is unconstitutional - On 6 October, 2017, the French Constitutional Court, in its decision (n°2017-660 QPC), held that the 3% contribution on...more

Day 12 of One Month to More Effective Compliance for Business Ventures-Joint Venture Due Diligence

by Thomas Fox on

When you bring two entities together to operate jointly, there are several difficult issues to analyze. For the US company operating under the FCPA, there must be an adequate business justification for a joint venture with a...more

Quarterly Investment Update - 3rd Quarter 2017

by Perkins Coie on

Stock Market Commentary - The third quarter of 2017 brought the devastation of multiple hurricanes, escalating tensions with North Korea, the Equifax breach and more White House drama. Yet, investors focused on positive...more

Day 11 of One Month to More Effective Compliance for Business Ventures-Joint Venture Risks Under the FCPA

by Thomas Fox on

Just as the FCPA enforcement field is covered with actions centering around mergers and acquisitions, there are multiple actions involving joint ventures (JVs). JVs continue to plague many US companies up to this day. In many...more

This Week in FCPA-Episode 72, LIve From SCCE

by Thomas Fox on

In this episode, Jay Rosen and I are joined by Louis Sapirman, CCO at Dun & Bradstreet for a look at the pre-conference events around this year's SCCE 2017 Compliance and Ethics Institute. ...more

Foreign investment review in Canada: “Net benefit” review threshold raised, update on national security reviews

by Dentons on

Foreign buyers of Canadian businesses are less likely to require approval from the Minister of Innovation, Science and Economic Development under the “net benefit to Canada” test as a result of increases in the review...more

Are Your Private Placement Documents Up To Date?

by Dorsey & Whitney LLP on

Over the last few years, many Canadian junior resource companies and startup companies have cut back on their legal spend, not necessarily undertaking a legal review of each new private placement of securities, or limiting...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - October 2017

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a paper from on the proposed draft elements for an international...more

Day 10 of One Month to More Effective Compliance for Business Ventures-Dis-Linking any Illegal Conduct Going Forward

by Thomas Fox on

One of my favorite words in the context of Foreign Corrupt Practices Act (FCPA) enforcement is dis-link. It a useful adjective in explaining how certain conduct by a company must be separated from the winning of business and...more

Investment Management Special Report - 2017-18 Compliance Developments & Calendar for Private Fund Advisers

Introduction - Despite an anticipated de-regulatory push, there are significant new regulatory concerns for investment advisers to address in connection with their annual review of their compliance manuals....more

Revised rule for securities distributions outside of Canada

by DLA Piper on

On June 29, 2017, the Ontario Securities Commission published for comment a revised OSC Rule 72-503 Distributions Outside Canada and its proposed Companion Policy (collectively, the “Revised Rule”). The comment period for the...more

EU Final Draft Technical Standards on the Trading Obligation for Derivatives Published

by Shearman & Sterling LLP on

The European Securities and Markets Authority has published a final Report and final draft Regulatory Technical Standards on the trading obligation for derivatives under the Markets in Financial Instruments Regulation. The...more

Compliance into the Weeds-Episode 57-SOX Reform or Not?

by Thomas Fox on

In this episode Matt Kelly and I discuss the Treasury Department’s recently released A Financial System That Creates Economic Opportunities-Capital Markets report. The report has multiple proposals, including multiple ideas...more

Draft Fintech Law bill introduced in Mexico

by White & Case LLP on

On September 18, 2017, the Ministry of Finance and Public Credit (SHCP) submitted to the Mexican Federal Commission for Regulatory Efficiency (Comisión Federal de Mejora Regulatoria, COFEMER) the draft bill of the Law...more

Economic Nationalism Set to Impact M&A Transaction Approvals Across Europe

by Latham & Watkins LLP on

Growing economic nationalism is threatening to impact M&A across Europe, as governments and regulators take an increasing interest in “foreign” acquisitions of nationally important companies in the name of national security....more

Compliance Man Goes Global-Episode 3

by Thomas Fox on

I welcome you to Episode 3 of Compliance Man Goes Global podcast of FCPA Compliance Report International Edition. As always, I am joined by Timur Khasanov-Batirov, a practitioner who focuses on embedding compliance programs...more

Day 7 of One Month to More Effective Compliance for Business Ventures-Evaluating Pre-Acquisition Risk Factors

by Thomas Fox on

Today I want to look at what you should do with the information that you obtain in your pre-acquisition compliance due diligence. Jay Martin, Chief Compliance Officer (CCO) at BakerHughes, a GE company. suggests an approach...more

Day 6 of One Month to More Effective Internal Controls-Pre-Acquisition Due Diligence

by Thomas Fox on

The compliance component of your mergers and acquisition regime should begin with a preliminary pre-acquisition assessment of risk. Such an early assessment will inform the transaction research and evaluation phases. This...more

FCPA Compliance Report-Episode 352, James Koukios on summer 2017 anti-corruption developments

by Thomas Fox on

In this episode, I have back James Koukios, a partner in the law firm of Morrison and Foerster. We review some of the top FCPA and international anti-corruption cases and issues which have occurred over the summer of 2017....more

Financial Services Quarterly Report - Third Quarter 2017: Global Update: Regulators Focus on Initial Coin Offerings

by Dechert LLP on

Since January 2017, more than $2 billion has been raised through the rapidly growing market for so-called “token sales” or “initial coin offerings” (ICOs). The U.S. Securities and Exchange Commission (SEC) announced on July...more

New EU screening mechanism on foreign investment

by DLA Piper on

The European Commission has proposed to establish a mechanism for screening foreign direct investment into the EU. The new screening mechanism will streamline EU policies when foreign investors acquire strategic assets in the...more

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