Morgan Lewis

Deadline for Filing BE-10 Approaches for Private Funds and Private Fund Managers

Most private funds or their managers will be required to file a BE-10 with the US Department of Commerce by May 29th. This year marks the return of the BE-10, the five-year benchmark survey of US direct investment abroad…more
| Finance & Banking, International Law & Trade, Securities Law

DOL’s Proposal To Expand Fiduciary Definition Would Bring Many Service Providers Into Scope

As we previously reported, the US Department of Labor (DOL) released its reproposed rule “Definition of the Term ‘Fiduciary’; Conflict of Interest Rule—Investment Advice” on April 14. The initial deadline for comments on the…more
| Health, Insurance, Labor & Employment Law

DOJ: Companies Need Not Expend Exorbitant Fees to Get Full Cooperation Credit

During an FCPA panel event, the Chief of the US Department of Justice’s Fraud Section advised companies to conduct “targeted” FCPA investigations, dismissing the suggestion that companies must spend hundreds of millions of…more
| Administrative Law, Business Organizations, Criminal Law, International Law & Trade, Government Contracting

Trade Bills Continue to Forge Ahead to the Finish Line

On May 14, the Senate passed customs reauthorization trade preference legislation and gave an affirmative cloture vote for the Trade Promotion Authority Act and the Trade Adjustment Assistance program. As part of a…more
| Elections & Politics, Government Contracting, International Law & Trade

Department of State Releases June 2015 Visa Bulletin

Cutoff dates for EB-3 Philippines retrogress by two and a half years, cutoff dates for EB-2 India advance by five and a half months, cutoff dates in EB-2 China advance by one year, cutoff dates for EB-3 China advance by four…more
| Labor & Employment Law, Immigration Law

Customs-Trade Partnership Against Terrorism Officially Opening to Exporters

US Customs and Border Protection will open enrollment to exporters for the first time next week. On May 17, exporters will be eligible to participate in the Customs-Trade Partnership Against Terrorism program (C-TPAT)…more
| Commercial Law & Contracts, International Law & Trade

Venezuelan Employers Must Immediately Put Outsourced Employees on Payroll

The grace period for implementation has expired. Venezuelan employers were required to incorporate outsourced employees into their payroll as of May 7 to meet the deadline for the 2012 Organic Law of Labor and Workers…more
| Commercial Law & Contracts, Labor & Employment Law, International Law & Trade

Collective Consultation Obligations: Restoring the “Establishment” Test

Court clarifies the threshold for triggering collective consultation obligations. On 30 April, the European Court of Justice (ECJ) issued its decision on whether the UK Employment Appeals Tribunal (EAT) was right to…more
| Civil Procedure, Conflict of Laws, Labor & Employment Law, International Law & Trade

US/Cuba Relations: What You Need to Know About Protecting US Brands in Cuba

Recent developments justify reconsidering companies’ trademark protection options. Although US sanctions that generally prohibit US exports to Cuba as well as other transactions that involve Cuba largely remain in effect,…more
| Communications & Media Law, Intellectual Property, International Law & Trade

Reviewing the First Foreign Economic Espionage Cases

The Economic Espionage Act of 1996 (EEA) provides for the criminal prosecution of the theft or misappropriation of trade secrets. The statute was enacted to protect and promote national and economic security by filling in gaps…more
| Intellectual Property, International Law & Trade, Military Law

Has the SEC Become the "Whistleblower’s Advocate"?

The SEC Chair discusses the whistleblower program’s achievements and importance and how the agency will fight to ensure that whistleblowers continue to be heard…more
| Civil Rights, Labor & Employment Law, Securities Law

Informed Compliance Period Comes to Its Imminent End for Importer Security Filing

CBP will be increasing enforcement of violations effective May 14, 2015. On May 14, the informed compliance period for Importer Security Filing (ISF) will come to an end and Customs and Border Protection (CBP) will move…more
| Commercial Law & Contracts, International Law & Trade

SEC Proposes Pay Versus Performance Rules

On April 29, the Securities and Exchange Commission (SEC) issued a release1 that includes proposed rules to implement requirements imposed on the SEC under Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer…more
| Business Organizations, Securities Law

Fleshing Out Creditor Derivative Standing in Delaware

The Court of Chancery issues a liberal ruling on creditor derivative standing and more obsequies for the “zone of insolvency.”…more
| Bankruptcy, Business Organizations, Civil Procedure, Business Torts, Securities Law

Further Amendments to Bank of Russia’s Basel III Requirements Published

Several changes have been made to the requirements applicable to subordinated debt instruments issued by Russian banks…more
| Finance & Banking, International Law & Trade
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