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The Double Whammy: Cubist’s Recent FCPA Disclosure

In the FCPA enforcement world, corporate disclosures of potential violations carrying significant messages. Cubist Pharmaceuticals (Cubist) disclosed in a Form 10-Q that its subsidiary, which it acquired last year...more

Stampeding for the Exits: Pharmaceutical Companies and the Recent Wave of Inversions

Actavis, Pfizer, Medtronic, Abbvie and Salix have all recently announced plans to merge with foreign competitors and reincorporate in the U.K. or Ireland – a strategy commonly known as an “inversion” (Pfizer’s merger plans...more

Corporate Inversions Showing No Signs of Slowing Down

In a corporate inversion, a U.S. corporation (typically the parent of an affiliated group) becomes a wholly owned subsidiary of a foreign corporation (through a merger into the foreign corporation’s U.S. subsidiary) or...more

Inside M&A - Summer 2014

“Commercially Reasonable Efforts” Diligence Obligations in Life Science M&A" - More than 80 percent of all deals in the pharmaceutical, medical device and biotech industries include an earnout structure that provides...more

Inversion Transactions Likely to Continue and Expand into Other Markets and Industries

During recent months there has been a surge in cross-border M&A activity in which U.S. and non-U.S. companies combine in so-called inversion transactions. Examples of these transactions are Endo International’s acquisition of...more

China Conditionally Approves Thermo Fisher/Life Technologies Merger: MOFCOM Continues to March to Its Own Drumbeat

The January 2014 conditional clearance decision by the Chinese competition authorities regarding the acquisition by Thermo Fisher Scientific Inc. (“Thermo Fisher”) of Life Technologies Corporation illustrates some of the key...more

Outward Bound

As Chinese companies have matured, they’re eagerly looking to the U.S. as a source for technology innovation, talent and market penetration, says Jackie Liu, a partner in Morrison & Foerster’s San Francisco office. Until...more

You cannot trade a customer file which does not comply with the French Data Protection Act

On June 25, 2013, the French Supreme Court rendered a corner-stone decision for all agreements dealing with personal data. In 2008, a company sold its electronic customer file to its successor in business. It quickly...more

Securing Patent Value for Israeli Medical Technology Companies

Israel is a leader in medical technology and life sciences innovation. Though the life sciences industry in Israel is young, it is growing fast: in the last 15 years the industry has expanded from just over 180 life sciences...more

Antitrust and Competition Newsletter - June 2013

Competition and Innovation: Application of European Competition Law to a Rival’s Demand for Access to a Competitor’s Data - The Internet has given rise to information-based businesses that create value by accumulating...more

Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0

What exactly is the '"best" solution for an international business needing to handle and transfer personal data across borders? This has become an increasingly important and common question as business becomes more...more

China Life Sciences Health Industry Client Briefing – April 2013 (May 15, 2013)

Pharmaceuticals, Medical Devices, Health Care & Life Sciences - ..Drugs - Approval of Innovative Drugs and Key Sector Generic Drugs to be Expedited (Shanghai Securities Journal 2013-04-23): Given the...more

The Rise of Mobile Payments – Impact on M&A Activity in 2013

What’s involved? - A recent study by Juniper Research predicted that the total value of mobile payments for digital and physical goods, money transfers and near field communications transactions – short-range wireless...more

M&A in the United States: What Chinese Cleantech Companies Need to Know about

China’s investments in the U.S. have increased rapidly and will continue to grow in order to acquire advanced technology, real estate, market channels and other assets. With solar module oversupply continuing through 2013 and...more

China Life Sciences Health Industry Client Briefing – January 2013 (February 21, 2013)

In This Issue: Li Keqiang Comments from the 12th Plenary Meeting of the Medical Reform Leading Group (USCBC 2012-01-06) – January 6, 2013; MOH Announces Roadmap for Medical Reform (USCBC 2012-01-10) – January 10, 2013;...more

Transaction Monitoring Under the FCPA [Video]

Transaction monitoring was mentioned in a couple of significant enforcement actions of 2012. I think that it will move to becoming a best practice in FCPA compliance programs. This video will explain how transaction...more

CFIUS Annual Report Shows Increase in Notified Transactions in 2011

The Committee on Foreign Investment in the United States (CFIUS) recently released the unclassified version of its annual report to Congress for transactions notified to CFIUS during the calendar year 2011. Most notably, the...more

China Life Sciences and Health Industry Client Briefing – September 2012 (October 4, 2012)

In This Issue: • Merck-Simcere Joint Venture Starts Business in Pudong (Shanghai Daily 2012-09-13) – September 14, 2012 • Pfizer Joint Venture Set to Hire 600 Staff (Bloomberg News 2012-09-14) – September 14,...more

Impact of the EU Cookie Directive on US Companies

A number of national enforcement agencies recently indicated they are going to start actively enforcing 2009/135/EC Directive (the “EU Cookie Directive”). If a US company has business operations in an EU member country, or...more

Life Sciences Health Industry China Briefing - June 2012 (July 20, 2012)

In This Issue: - China's Compulsory License Rule Has Drug Companies On Edge (Law360 2012-06 12) — June 14, 2012 - Beijing to Carry out Pilot Project of Separation of Dispensing from Prescription: Medical...more

China's MOFCOM Grapples With Open Source Issues In Google-Motorola Deal

This past February the US Department of Justice (“DOJ”) and European Commission (“Commission”) cleared Google Inc.’s acquisition of Motorola Mobility Holdings Inc. without any conditions. In contrast, on May 19, 2012 the...more

China Conditionally Clears Western Digital’s Acquisition of Hitachi’s Hard Disk Drive Business

Recently China’s Ministry of Commerce (MOFCOM) approved Western Digital’s proposed acquisition of Hitachi’s hard disk drive business on a conditional basis. Containing the most comprehensive clearance conditions ever imposed...more

Congratulations Double Down Interactive

Davis Wright Tremaine LLP was happy to advise Double Down Interactive in its recent $500,000,000 sale to International Game Technology (IGT), one of the largest designers, developers and manufacturers of gaming...more

Taiwan Antitrust Newsletter Q1 2012

LCS & Partners is a leading full-service law firm in Taiwan and the Greater China Region. LCS & Partners has been preeminent in representing domestic and foreign clients in all areas of competition law in Taiwan. We have...more

M&A in United States: What Chinese Companies Need to Know about Exon-Florio Review in the Clean Technology and Other Business...

China’s investments in the United States have increased rapidly and will continue to grow in order to acquire market channels, advanced technology and other related assets. The clean technology business sector has become very...more

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