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Bridging the Week - June 2015 #3

UK Fair and Effective Markets Review Calls for Upping the Standards in UK and Global Fixed Income, Currency and Commodity Markets: The Fair and Effective Markets Review issued 21 recommendations to “restore trust” in...more

Constitutional Court of Azerbaijan Rules on Legality of Loans Denominated in Foreign Currency

One consequence of this move was that loans granted by local banks to local customers in foreign currency became more expensive, because the Azerbaijani Manat was weakened by 25 percent. This raised a question of whether...more

Forex trading probes: what is the legal position of the individual?

Forex trading cases are back in the headlines after record settlements by a group of banks with UK and U.S. authorities. The best coverage is in the FT....more

FBAR Case Rules on Unknown Issues

A recent FBAR decision weighs in on some unknown and uncertain penalty issues relating to failure to file FBARs. These issues include...more

Mexico’s Energy Revolution Series: Mexico's Oil and Gas Exploration and Production

In This Issue: - Introduction - A Monumental Constitutional Amendment - Understanding the New Risk Contracts - Navigating the Regulatory Environment - Investment...more

Methodology for Measuring National Content in Mexican Hydrocarbon Sector - The Three Legal Schemes Impacted in the National Oil...

The "Methodology for measuring national content in Allocations and Contracts for Exploration and Extraction of Hydrocarbons, as well as for the Permits in the Hydrocarbons Industry"was published on Nov. 13, 2014,in Diario...more

Mexico’s Energy Reform Provides Significant Opportunities In Oil And Gas Exploration And Production

Mexico’s new energy legislation, which went into effect on August 12, 2014, will completely restructure the Mexican energy sector, including both hydrocarbons and electricity. This legislation opens up oil and gas...more

Corporate and Financial Weekly Digest - Volume IX, Issue 41

In this issue: - ISS Releases 2015 Draft Voting Policy Changes for Comment - SEC Investor Advisory Committee Releases Recommendations on Changes to Accredited Investor Definition - FINRA Proposes to...more

Scotland: The Succession Event Question

In this note we analyse some of the consequences for sovereign CDS resulting from a vote for Scottish independence. Scotland: The Succession Event Question - A vote for an independent Scotland will have many...more

FATCA: Trapped by the Land of the Free?

The Foreign Account Tax Compliance Act (FATCA) has been billed as the U.S.’s bold effort to go after tax dodgers and cheats. The picture painted is that of greedy rich people secreting their fortunes in offshore accounts and...more

Indiana Supreme Court Refuses To Apply A Company’s Foreign Source Dividend Deduction To Its NOL Calculations

On August 25, 2014, the Indiana Supreme Court issued its decision in Indiana Department of State Revenue v. Caterpillar, Inc., holding that the plain meaning of the Indiana tax statutes prohibited the company from increasing...more

Mexico’s Energy Reform Provides Significant Opportunities in Oil and Gas Exploration and Production

Mexico’s new energy legislation, which went into effect on August 12, 2014, will completely restructure the Mexican energy sector, including both hydrocarbons and electricity. This legislation opens up oil and gas exploration...more

Energy Reform With Respect to Hydrocarbons

This Client Alert has the purpose of briefly analyzing the key provisions of the Hydrocarbons Act (the “Act” or the “HA”) and the Hydrocarbon Revenues Act (the “HRA” or, together with the HA, the “Hydrocarbon...more

Energy Reform With Regards to Electricity

On August 11 2014, a package of reforms to Mexico’s secondary energy laws (the “Energy Reform”) was published. This Energy Reform is based on the amendment of Articles 25, 27, and 28 of the Constitution and the corresponding...more

Issuance of the Mexican Secondary Laws in Connection with the Constitutional Energy Reform

As of Aug. 11, 2014, all the secondary laws pertaining to the Mexican Energy Reform (published Dec. 20, 2013), were published in the Mexican Official Gazette. The scope of the secondary laws published on Aug. 11, 2014,...more

Mexican President Enrique Peña Nieto Promulgates Secondary Oil and Gas Legislation

Yesterday, Mexican President Enrique Peña Nieto promulgated 21 new and amended laws which regulate last December´s historic constitutional energy reform. Among others, the new laws include a Hydrocarbons Law, which governs...more

'Ralls' Decision Doesn't Alter CFIUS Voluntary Reporting Analysis for Foreign Investment in U.S.

A lot of attention has been given to a recent decision by the U.S. Court of Appeals for the District of Columbia (D.C. Court of Appeals) unanimously ruling against President Barack Obama relating to his order stopping Chinese...more

US Supreme Court’s Sleight of Hand in Bankruptcy Jurisdiction

With all attention focused on Executive Benefits, the Daimler decision could represent the real sea change in jurisdiction over non-core actions. Introduction - Recently, much of the bankruptcy bar was focused...more

D.C. Circuit Issues Ruling in Important CFIUS Case

The D.C. Court of Appeals recently issued a landmark decision in Ralls Corporation v. Committee on Foreign Investment in the United States (CFIUS), No. 13-5315, slip. op. (D.C. Cir. July 15, 2014), that could have...more

DC Circuit Requires Committee on Foreign Investment in the United States to Provide Due Process Protections to Investors

On July 15, 2014, the US Court of Appeals for the District of Columbia (DC Circuit) ruled that if the President, pursuant to his powers under the Exon-Florio Amendment to the Defense Production Act of 1950 (DPA), deprives a...more

Ralls Case: How It Will Impact the CFIUS Process

A recent decision by the D.C. Circuit has prompted much speculation about possible changes to the traditionally opaque and secretive national security review process administered by the Committee on Foreign Investment in the...more

Court Orders CFIUS to Increase Transparency but Rejects Review of Presidential Determination

A recent decision by the D.C. Circuit has prompted much speculation about possible changes to the traditionally opaque and secretive national security review process administered by the Committee on Foreign Investment in the...more

D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security...

On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant...more

CFIUS Process and Due Process: Presidential orders blocking transactions on national security grounds – the process, and the...

The President of the United States, acting upon the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”) has the power to block or unwind any transaction – i.e., merger, acquisition, takeover...more

Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process

In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the...more

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