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A SWISS PRINCIPAL MODEL CASE STUDY: RESTRUCTURING A MULTINATIONAL CORPORATION THROUGH TERRITORIAL OPTIMIZATION

The Swiss Principal model has become an effective means to optimize the structure of multinational companies on a regional basis, maximizing efficiencies by restructuring EMEA-area procurement, distribution and sales...more

M&A Update: Treasury Department Proposes To Expand Anti-Inversion Rules

The Treasury Department, in its Fiscal Year 2015 Revenue Proposals (the “Green Book”), has proposed to significantly tighten Section 7874 of the Internal Revenue Code, effective January 1, 2015, reducing the ability of a U.S....more

Shifting Sands In Canadian Anti-Bribery And Trade Control Laws Raise The Stakes In M&A Due Diligence

Recent developments in Canadian anti-corruption, economic sanctions, and export control laws are having a significant impact on the due diligence that should be conducted on potential targets in the context of mergers and...more

China’s Simplified Merger Review Program May Significantly Reduce Wait Times For Certain Global Transactions

MOFCOM announces simplified merger-review program that could accelerate antitrust clearance from Chinese authorities for many transactions. MOFCOM estimates as many as 60% of notified transactions will qualify and receive...more

Highlights From 2013 And Implications For 2014

During 2013 shareholder activism continued to surge and impact corporate-decision making. The Delaware courts also handed down several significant rulings during the year. ...more

The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Best Efforts [Video]

Latham & Watkins partner David Walker explains the M&A term best efforts, a common provision in an acquisition agreement that describes how hard a party needs to work to make good on its commitments. For additional...more

The M&A Word of the Day™ from the Book of Jargon® – Global Mergers & Acquisitions Is Inversion [Video]

Latham & Watkins partner Diana Doyle explains the M&A term inversion, an acquisition transaction in which a target corporation from one jurisdiction (e.g., US) is acquired by a corporation from another jurisdiction. For...more

Dealmaker's Dish: Corporate Dealmaker Update [Video]

James D. Rosener, Pepper partner and head of the firm's International Practice Group and managing partner of the New York office, was recently featured at The Deal Economy 2014 conference in New York and participated in their...more

Proposed Regulations On Imported Built-In Losses Include Some Controversial Aspects

Proposed Regulations (REG-161948-05, 9/6/13) dealing with the importation of built-in loss properties under Sections 334(b)(1)(B) and Section 362(e)(1) are designed "to prevent erosion of the corporate tax base through the...more

The Challenge for Boards

Public company boards have experienced real turbulence for the better part of five years. Some of this turbulence is the product of internal dynamics — the need to improve liquidity, strengthen balance sheets and cut costs....more

Inside M&A - Fall 2013

M&A Corporate Governance: Oversight of the Board’s Financial Advisors - Recent decisions in the Delaware Court of Chancery highlight the need for increased oversight of financial advisors by corporations engaging in...more

What Does the Government Shutdown Mean for New York and New Jersey Businesses?

What Does the Government Shutdown Mean for New York and New Jersey Businesses? by Dan Brecher on October 2, 2013 The federal government officially entered a partial shutdown as members of Congress failed to reach an...more

The U.S. Announces Penalty Rates for Swiss Banks Involved in Tax Probe

The U.S. Announces Penalty Rates for Swiss Banks Involved in Tax Probe by Joseph M. Donegan on September 16, 2013 The Department of Justice unveiled a new program designed to both encourage Swiss banks to cooperate with...more

Changes in Russian Banking Laws: Acquisition of Bank’s Shares; Banking Groups and Banking Holdings; Risk Management

On 2 July 2013 the President signed Federal Law No. 146-FZ amending the Law on Banks and Banking Activity, the Law on the Bank of Russia and a number of other Russian laws. Following the Strategy for the Development of the...more

Could Your Old iPhone Be Worth Big Bucks?

Could Your Old iPhone Be Worth Big Bucks? by Bob Marsico on September 6, 2013 Apple Inc. is scheduled to introduce two new iPhone models this month. To offset the cost of a new device, the company is also introducing a...more

The Mergers & Acquisitions Review - Seventh Edition: Chapter 16: Cayman Islands

I OVERVIEW OF M&A ACTIVITY - Despite signs of a stabilising economy, the Cayman Islands witnessed a 1 per cent decrease in new company registrations in 2012 compared to 2011; 8,971 new companies were incorporated...more

Further Revisions Proposed to Canada’s Foreign Affiliate Dumping Regime

The “foreign affiliate dumping” rules (the FA dumping rules), which came into force in 2012, have had a significant impact on foreign-based multinationals with Canadian subsidiaries and on acquisitions by non-resident...more

Terminating an Employee Without Damaging Your Company’s Reputation

Terminating an Employee Without Damaging Your Company’s Reputation by Gary S. Young on August 23, 2013 Recently, the termination of an AOL employee made the news headlines. The controversy was occasioned when Chief...more

Court Rules NJ Charities Must Follow Donor’s Wishes or Return Money

Court Rules NJ Charities Must Follow Donor’s Wishes or Return Money by Christine M. Vanek on August 21, 2013 The Appellate Division of the New Jersey Superior Court recently clarified what happens when a charity...more

A Price Worth Paying? [Video]

A Price Worth Paying? is a new drama film that demonstrates the need for boards of directors to monitor all risks affecting their companies and to react in the right way when a crisis strikes. The movie focuses on the...more

Board Of Directors And Doing Business In China Under The FCPA

The case of GlaxoSmithKline PLC (GSK) is still resonating across the corporate globe....more

Foreign Affiliate and Other Tax Changes Proposed

On July 12, 2013, federal Finance Minister Jim Flaherty released legislative proposals (the Proposals) affecting certain international tax rules in the Income Tax Act (Canada) (the ITA) and the Regulations under the ITA. The...more

Asia: Corporate Newsletter - July 2013

Effect of regulatory non-compliance on suitability of listing - Under the Listing Rules, a listing applicant must be considered by the Hong Kong Stock Exchange (SEHK) as suitable for listing before it can be listed....more

"Hong Kong Public M&A: Time for a New Approach?"

For any potential bidder considering the acquisition of a listed company, issues such as ease of transaction execution, the ability to respond to a competing offer, timetable and cost will be of great importance. The chosen...more

Getting the Deal Through - Mergers & Acquisitions - 2013: Ukraine

1 Types of transaction: How may businesses combine? Mergers - In accordance with Ukrainian law, mergers may be performed in two ways: as a consolidation and as a joining. Both types of merger entail...more

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