International Law & Trade, Commercial Law & Contracts

No More Room at the Counsel Table: Québec Appeal Court Rejects Intervenor Status for Canadian Franchise Association in the Dunkin’...

by Lia Bruschetta, Jennifer Dolman, Éric Préfontaine, Gillian Scott | Osler, Hoskin & Harcourt LLP on 5/24/2013

In a decision released on May 10, 2013, Justice Gascon of the Québec Court of Appeal dismissed the Canadian Franchise Association’s (CFA’s) motion for leave to intervene in ongoing proceedings between Dunkin’ Brands Canada...more

SFO & The Bribery Act: Sector Sweeps, Facilitation Payments & London Listed Companies

by Thomas Fox on 5/24/2013

News reaches us of a private small round table session put together by Transparency International and attended by some from the US FCPA white collar community (we understand Mark Mendelsohn attended) and our very own David...more

EBA Consultation Paper Raises Concerns for CLOs

by Judith Livingstone, Charles Malpass, John Timperio, Jeremy Trinder, James Waddington, Cynthia Williams | Dechert LLP on 5/24/2013

The European Banking Authority (EBA) published a consultation paper on draft technical standards relating to the implementation of CRD IV on 22 May 2013. Of particular concern to participants in the CLO market are the...more

BVI Trusts: VISTA Trusts

by Harney Westwood & Riegels on 5/23/2013

INTRODUCTION The Virgin Islands Special Trusts Act (“VISTA”) came into force on 1 March 2004 and was introduced in order to allow a shareholder to establish a BVI trust over a BVI company which disengages the trustee from...more

The Top 5 FCPA Fallacies

by NAVEX Global on 5/23/2013

In 2010, the number of federal prosecutions for violation of the Foreign Corrupt Practices Act (FCPA) more than quadrupled. The Department of Justice (DOJ) set a new record for fines and penalties – collecting nearly $1B. The...more

CIS Legal Update - May 2013: Russia and the United Arab Emirates Take Measures to Encourage and Improve Investment Security

by Elizaveta Molosnova | Dechert LLP on 5/23/2013

Russia ratified an intergovernmental Agreement with the United Arab Emirates (hereinafter - UAE) on the Encouragement and Mutual Security of Investments (executed on June, 28, 2010) along with the accompanying Protocol...more

DOE Issues Second LNG Export License for Non-FTA Countries

by Sandra Safro, David Wochner | K&L Gates LLP on 5/23/2013

On May 17, 2013, the U.S. Department of Energy (“DOE”) issued an order authorizing the Freeport LNG Terminal (“Freeport”) in Quintana Island, Texas to export liquefied natural gas (“LNG”) to nations with which the United...more

Review Seeks Changes to Australian Franchising Laws - Baker & McKenzie

by Penny Ward | Baker & McKenzie Australia on 5/23/2013

On Friday May 17 2013, the Australian Government released the latest in a long line of Federal and State enquiries into the regulation of franchising in Australia....more

Employers With Share Option Schemes Take Note…

by Richard Cook, James Ross | McDermott Will & Emery on 5/23/2013

A recent decision of the United Kingdom’s First Tier (Tax) Tribunal has provided a timely reminder of the importance for employers of notifying their employees of the requirement to promptly reimburse the employer for income...more

Legal Alert: Supreme Court Unanimously Rules in Favor of Taxpayer, Holds U.K. Windfall Tax Creditable

by Sutherland Asbill & Brennan LLP on 5/23/2013

The United States Supreme Court held Monday in PPL Corporation v. Commissioner (No. 12-43) that a U.S. taxpayer was entitled to claim a foreign tax credit on its share of a “windfall tax” imposed on the taxpayer’s United...more

EU Court Decision Significantly Reduces Cartel Fines in Marine Hose Investigation

by King & Spalding on 5/23/2013

On May 17, 2013, the EU General Court partially annulled a 2009 European Commission decision in the Marine Hose cartel case and significantly reduced the fine imposed on hose manufacturer Parker ITR by nearly 75% from 25.61...more

Renminbi Qualified Foreign Limited Partner: an incremental step toward RMB internationalization in the private equity industry

by Sheppard Mullin Richter & Hampton LLP on 5/23/2013

In a number of incremental steps, the PRC government has been easing restrictions on the cross-border movement of RMB. The latest step for the private equity industry is the Renminbi Qualified Foreign Limited Partner Program...more

Conducting Audits: Financial And Compliance Teams

by Michael Volkov on 5/23/2013

Companies with existing compliance programs are starting to focus on the importance of monitoring, auditing and improving their compliance programs....more

FDIC Division Director James R. Wigand Testifies on Cross-Border Resolution Plans

by Jeffrey M. Werthan | Katten Muchin Rosenman LLP on 5/22/2013

On May 15, James R. Wigand, Director, Office of Complex Financial Institutions of the Federal Deposit Insurance Corporation (FDIC) testified before the U.S. Senate Subcommittee on National Security and International Trade and...more

MoFo BioMeter - Volume 2, Issue 2: May 2013 - Flat BioMeter Value and Decline in Deal Volume are Hallmarks of Q1

by Anelia V. Delcheva, Stephen B. Thau | Morrison & Foerster LLP on 5/22/2013

The Morrison & Foerster BioMeter for the first quarter of 2013 shows a flat quarter for BioMeter value and a decline in dealmaking activity. A small number of large deals dominate an otherwise quiet quarter. In the...more

Closing Your Business in Colombia

by Marcela Cristina Blanco | Michael Diaz Jr. - Diaz Reus International... on 5/22/2013

In Colombia, as in many other countries, closing down or dissolving a business is often more complicated than setting up a new one. Although there is a lot of information related to setting up a company in this country, there...more

District Court Judge Enjoins Standards-Essential Patent Owner From Enforcing ITC Exclusion Order

by Christopher Higgins, Jay Jurata, T. Vann Pearce, Jr., Matthew Poppe | Orrick, Herrington & Sutcliffe LLP on 5/22/2013

In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing commitments by initiating a U.S....more

HM Treasury Rethinks the UK Tax Treatment of Fee Rebates

by David Gubbay, Daniel Hawthorne, Mark Stapleton | Dechert LLP on 5/22/2013

In a Written Ministerial Statement made in UK Parliament on 21 May 2013, Treasury Economic Secretary Sajid Javid MP announced the Treasury’s intention to make a crucial and very welcome clarification to the recent HMRC Brief...more

What A Tax Attorney Can Do for You: Understand How Apple, Inc. Legally Does Not Pay Income Tax

by Anthony Diosdi | Moskowitz LLP on 5/22/2013

When Apple Inc., disclosed that it has not paid any corporate income tax over the past 4 years, it got the government’s attention. Hailed before the Senate, Apple is confident in their tax position because, it is legal. ...more

Cannot Say Enough – Customs' Enforcement Efforts – Antidumping And Countervailing Duty Laws

by F. Gordon Lee | Nossaman LLP on 5/22/2013

In September 2011 we published an article entitled Enforcement of Antidumping and Countervailing Duties – Know the Products You Import. ...more

What Are The Essential Elements Of A Corporate Compliance Program?

by Thomas Fox on 5/22/2013

Can you synthesize and reconcile the world’s leading laws, regulations and commentaries on the best practices an anti-bribery and anti-corruption compliance program. ...more

Lessons from Ralph Lauren: Designing Better Ways to Manage Third Party Risk

by NAVEX Global on 5/21/2013

Trying to avoid the unusually strict import controls in Argentina and facilitate faster clearance of its products through customs, a subsidiary of Ralph Lauren Corp. was found to have bribed local officials between 2005 and...more

Cloud Computing: U.S. Export Controls Reach for the Sky

by Burt Braverman | Davis Wright Tremaine LLP on 5/21/2013

Cloud computing is widespread and growing at a rapid pace in corporate information management because it generally is less expensive and more efficient than using internal corporate resources....more

Responding to Investor Concerns Regarding Human Rights Impacts

by Sarah A. Altschuller | Foley Hoag LLP - Corporate Social... on 5/21/2013

Increasingly, companies will face explicit demands from investors, especially members of the socially responsible investor community, that they provide detailed disclosures regarding internal processes and procedures to...more

An Inspired Choice – Ethical Leadership Under Difficult Circumstances

by Thomas Fox on 5/21/2013

I am attending Compliance Week 2013 through Wednesday. As usual Matt Kelly and the Compliance Week team have put together a first rate program for the event....more

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International Law & Trade › Commercial Law & Contracts