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The Delta Report – Derivatives Newsletter: September 2016

In this issue of The Delta Report, we bring you further updates on developments in the global derivatives space. In Europe, the focus is on Brexit and the newly-released EU final regulatory standards on the valuation of...more

Opportunities in challenging markets: Sale-and-Leaseback, Build-to-Suit and other new Real Estate deal structures in the UAE

Against a backdrop of lower oil prices and reduced government spending, real estate markets across the UAE have softened in recent times, resulting in tightened liquidity and contracted asset values. However, challenging...more

A Major Change to the Foreign Investment Regime in China

The current Chinese foreign investment laws were enacted decades ago. Under these laws the approval process is typically time-consuming and burdensome for a foreign investor. In an attempt to streamline the regulatory...more

European Supervisory Authorities Opines on Final Draft Technical Standards on Uncleared Derivatives

The Joint Committee of the European Supervisory Authorities published an Opinion on the European Commission's proposed amendments to the final draft Regulatory Technical Standards on risk mitigation techniques for uncleared...more

Orrick's Financial Industry Week in Review

Financial Industry Developments - OCC Discusses Marketplace Lending - On September 13, 2016, Comptroller of the Currency Thomas J. Curry discussed marketplace lending's risks and associated policy questions. He...more

Wells Fargo Week: Part V – Compliance is the Answer

I want to end this week’s review of the Wells Fargo scandal by considering what is at issue and what is at stake in this imbroglio. Unlike a Foreign Corrupt Practices Act (FCPA) violation, Wells Fargo paid the relatively...more

China Amends Its Foreign-Investment Laws, Officially Reforming Its More Than Three-Decade-Old Foreign-Investment Approval Regime

On September 3, 2016, the Twelfth National People’s Congress Standing Committee passed amendments to the current four main foreign-investment laws in China: Law of the People's Republic of China on Chinese-Foreign Equity...more

FCPA Compliance Report-Episode 280-Tim Hedley and Rich Girgenti on their new book The New Era of Regulatory Enforcement [Video]

In this episode, authors Tim Hedley and Rich Girgenti discuss their new book The New Era of Regulatory Enforcement. ...more

Claim For Fraudulent Wire Transfer Under Commercial Crime Policy Found to be Covered, Although Denial Not In Bad Faith

Principle Solutions Group, LLC, an information technology company, lost $1.717 million when it became the victim of a fraud scheme for which it sought coverage under the terms of a commercial crime policy issued by Ironshore...more

New Foreign Investment Control of UK Critical Infrastructure Projects

Changes will align the UK’s policy framework for ownership and control of critical infrastructure with other major economies. On 15 September 2016, the UK Government announced its delayed approval of the proposed...more

Orrick's Financial Industry Week in Review

Financial Industry Developments - Agencies Publish Study on Banking Activities and Investments under Dodd-Frank - On September 8, 2016, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance...more

Singapore: Asia Pacific’s Debt Restructuring Hub?

Earlier this year the Committee to Strengthen Singapore as an International Centre for Debt Restructuring (the “Committee”) published, and the Singapore Ministry of Law accepted, recommendations aimed at enhancing Singapore’s...more

Russian Legislation Update: 18 July – 4 September 2016

Welcome to the most recent issue of our Russian Legislation Update, covering the period of 18 July – 4 September 2016. In this issue: - Corporate - Banking - Anti-Money Laundering - Subsoil - Public-private...more

Inbound M&A in Japan: On the Rise

Japan is rapidly shedding its reputation as a country and economy closed off to foreign investment—and M&A dealmakers have been at the forefront of the inbound transaction resurgence....more

EU & Competition Law Update

New EU rules for online selling taking shape - The recent Communication from the European Commission on cross-border e-commerce is likely to have a significant impact on online trading within the European...more

Japan steps into Brexit debate with a message to the UK and the EU

The Japanese government has stepped into the Brexit debate with an unprecedented warning to the EU and the UK, saying that Japanese inbound investment into the UK could be put at risk by Brexit particularly if withdrawal...more

Structured Thoughts: News for the financial services community, Volume 7, Issue 9

Updating Unregistered Structured Note Programs: How Frequently? - For some types of securities offering programs, we have “black letter law” that instructs issuers how frequently the program documentation should be...more

Secured creditors may vote during receivership upon reduction of secured claims

On 25 July 2016, the White & Case team obtained, at the Supreme Court of the Russian Federation (the "Supreme Court"), a declaration that a secured creditor has the right to reduce, at its discretion, the amount of a secured...more

Reforming China’s Legal Administration of Foreign Direct Investments: A Shift from the Substantial Review and Approval System to...

As of October 1, 2016, the current substantial examination and approval process required by the approval authorities (Approval Authorities, i.e., the Ministry of Commerce (MOFCOM) or its local counterparts) for the...more

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

Investment Funds Update - Europe - Legal and regulatory updates for the funds industry from the key asset management centres and...

FCA Chief Executive Comments on FCA Mission and Brexit - The FCA has published a speech by Andrew Bailey, FCA Chief Executive, at the FCA's 2016 annual public meeting on 19 July 2016. Mr Bailey stated that the FCA...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

EMIR – Exemption for Danish Pension Schemes and Endorsement of Margin Requirements for Uncleared Derivatives - ESMA issued its opinion exempting certain Danish pension scheme from central clearing under EMIR on 3 August...more

New Countries Eligible for Italy's White List

In the Official Gazette No. 195 of 22 August 2016, the Italian Government published the Ministerial Decree of 9 August 2016 (the "Decree") that amended the list of countries and territories "allowing an adequate exchange of...more

Making it big in Asia

Entrepreneurs dreaming of success in Asia-Pacific have several reasons to be optimistic that their hopes may one day translate into reality. Asia is seeing rapid growth in both output and consumption—creating a promising...more

Tigers subdued - Asia-Pacific's investment flows put the region center stage in determining the overall health of the global...

Asia-Pacific is the world's dominant region for attracting cross-border investment and trade, with foreign direct investment (FDI) inflows running into the hundreds of billions of dollars and the region accounting for 40...more

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