White & Case LLP

Amendments to the Antimonopoly Regulation in Kazakhstan

On 5 May 2015 the President signed the Law of the Republic of Kazakhstan “On Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Natural Monopolies and Regulated Markets” No…more

Anti-Monopoly, Kazakhstan

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And Up to Twenty Years in Prison: The Criminalization of US Customs Violations

The United States’ traditional reliance on only civil penalties against trade violators is changing. During the past several years, the US government has increasingly brought criminal charges against alleged violators, both…more

Anti-Dumping Duty, Corporate Officers, Countervailing Duties, Criminal Penalties, Criminal Prosecution

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Mexico 2016 Tax Reform

The 2016 Tax Bill presented by the President to Congress on September 8, 2015 was approved almost in its original terms by both Chambers of Congress on October 29, 2015 and published in the Official Gazette of the Federation on…more

Income Taxes, Investment Funds, Mexico, Renewable Energy, Tax Code

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Foreign Investment in Multi-Brand Retail Trading in India: Government issues clarifications

In September 2012, the Government of India (GoI) permitted foreign direct investment (FDI) up to 51% of the equity of Indian entities engaged in multi-brand retail trading (MBRT) in India (see our earlier alert of October…more

Foreign Investment, India, Infrastructure, Local Sourcing, Retailers

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Global merger control: Charting a route to port

As investors scour the world for growth, regulators are placing cross-border deals under ever greater scrutiny, and a new regulatory world order is emerging. Understanding it is essential. Merger control: Getting your deal…more

Acquisitions, Antitrust Provisions, Cross-Border Transactions, EU, Gun-Jumping

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M&A Attractiveness Index, EMEA – Finland

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, Finland is now ranked 25th out of a total of 147 countries in terms of its attractiveness for M&A purposes, (i.e., its…more

Acquisitions, Finland, Foreign Investment, Inbound Investments, Investment Funds

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Development and Opportunities in the Turkish Market - December 2012

The Turkish government’s agenda for development is one of the most ambitious in the world. Combined with investor friendly changes in the market, including a new investment incentive regime and new regulation enhancing…more

Financing, Foreign Investment, Public Private Partnerships (P3s), Shareholders

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M&A Attractiveness Index, EMEA – Middle East

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, the Middle East countries of Qatar, Saudi Arabia and United Arab Emirates are ranked 50th, 81st and 28th, respectively, out…more

Acquisitions, Foreign Investment, Inbound Investments, Investment Funds, Mergers

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Important changes to listed companies' and shareholders' disclosure requirements

A new law modifies the existing disclosure requirements applicable to companies trading on an Italian regulated market and companies trading on other EU markets that have elected Italy as a home Member State ("Listed…more

Disclosure Requirements, EU, Financial Statements, Italy, Publicly-Traded Companies

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White & Case’s Japan Seminar Series 2014: Accessing Energy Resources

The 2011 Fukushima nuclear disaster caused Japan to reevaluate its energy policy by placing less emphasis on nuclear energy and more on LNG and renewables. In February 2013, Professor Motoshige Itoh led an independent…more

Energy Policy, Japan, Liquid Natural Gas, Oil & Gas, Renewable Energy

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M&A Attractiveness Index, EMEA – Middle East

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, the Middle East countries of Qatar, Saudi Arabia and United Arab Emirates are ranked 50th, 81st and 28th, respectively, out…more

Acquisitions, Foreign Investment, Inbound Investments, Investment Funds, Mergers

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New UK AML Action Plan – The Increased Role of the Private Sector

The UK Government has just published an Action Plan setting out extensive reform to the anti-money laundering ("AML") and counter-financing of terrorism ("CFT") regime and in particular the filing of Suspicious Activity Reports…more

Anti-Corruption, Anti-Money Laundering, Anti-Terrorism Financing, Banks, Law Enforcement

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UK and EU Law Enforcement Investigatory and Data Sharing Powers: Developments and International Impact

Proposed UK legislation governing UK law enforcement investigatory powers (together with differences in approach by the UK and rest of Europe to law enforcement access to personal data) will have a deep and far reaching impact…more

Data-Sharing, Enforcement Authority, EU, Government Investigations, Law Enforcement

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Mining in Africa – getting in sync with the cycle

With one third of the world’s mineral reserves and two thirds of the world’s diamond production, Africa should have basked in the era of roaring commodity prices and booming optimism. Over the last decade, Africa’s average…more

Africa, Commodities, Foreign Investment, Infrastructure, Minerals

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FTC Settles with Data Brokers in Sale of Consumer Data Used for Illicit Purposes

On February 18, 2016, the U.S. Federal Trade Commission ("FTC") settled a dispute against LeapLab LLC ("LeapLab") and others ("Co-Defendants") claiming that they knowingly sold consumer social security numbers, bank account…more

Data Brokers, Enforcement Actions, FCRA, FTC, Injunctions

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Potential Circuit Split Creates an Uncertain Future for Whistleblower Protection of Internal Reporting: Asadi v. G.E. Energy (USA), LLC, (5th Cir. Jul. 17, 2013) versus Murray v. UBS Securities, LLC and UBS AG, (S.D.N.Y. May 21, 2013)

The Dodd-Frank Whistleblower Program - The Dodd-Frank Act amended the Securities Exchange Act of 1934 by creating protections and rewards for anyone who provides information that helps the SEC in enforcing the law…more

Conflicts of Laws, Dodd-Frank, SEC, Securities Exchange Act, Whistleblower Awards

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European Commission adopts first two decisions in EU tax probe in push for corporate tax reform

On 21 October, the European Commission (“EC”) adopted its first decisions in its investigation into Member States’ tax rulings. The investigation, which began in June 2013, has also targeted tax rulings given to Apple and…more

Advanced Pricing Agreements, BEPS, Corporate Taxes, EU, European Commission

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M&A Attractiveness Index, EMEA – Middle East

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, the Middle East countries of Qatar, Saudi Arabia and United Arab Emirates are ranked 50th, 81st and 28th, respectively, out…more

Acquisitions, Foreign Investment, Inbound Investments, Investment Funds, Mergers

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AIFMD in Germany: Strategies for non-EU AIFMs Marketing

Summary: - In conjunction with the implementation of the European Directive on Alternative Investment Fund Managers (2011/61/EU) (the “Directive” or “AIFMD”) the German legislature decided to abolish the private placement…more

AIFM, AIFMD, EU, Marketing, New Legislation

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Deadline Approaches – Non-EEA fund managers must consider their options

The Alternative Investment Fund Managers Directive (2011/61/EU) (the “Directive”) and the supplementary level 2 Regulation (EU) No 231/2013 (the “Regulation”) introduce an authorisation regime and centralised rulebook for the…more

AIFM, Alternative Investment Fund Managers Directive, Alternative Investment Funds, EEA, EU

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New Federal Antitrust Law Bill

On February 19, 2014, the Federal Executive Branch of Mexico submitted to the House of Representatives a bill to issue a new Federal Antitrust Law (Ley Federal de Competencia Económica) (the “Bill”) which, if approved, will…more

Antitrust Provisions, Mexico

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Transfer of Personal Data Under Japan's Amended Personal Information Protection Act

I. Article Synopsis - An extensive amendment to Japan's Act on the Protection of Personal Information (Act No. 57 of 2003, the "Act") was promulgated on September 9, 2015 and will become fully effective on a date that is…more

Consent, Exemptions, International Data Transfers, Japan, Personal Data

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Summary of FERC Meeting Agenda - May 2013

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 16, 2013 meeting, pursuant to the agenda as issued on May 9, 2013. Agenda items E-3, E-13, E-17 have not been summarized as they…more

FERC, Geomagnetic Storms, Oil & Gas, Water

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Supreme Court Ruling on Penalties: A Genuinely Commercial Approach

The Supreme Court has clarified and restated the scope of the English law rule against penalties. This important decision will have a far-reaching impact on commercial parties’ assessment of whether contract provisions dealing…more

Breach of Contract, Liquidated Damages, Penalties, Supreme Court of the United Kingdom, UK

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Issues for consideration: EPC contracts and technology licenses in petrochemical projects

In petrochemical projects, the engineering, procurement and construction (EPC) contracts are often negotiated after the technology licenses have been negotiated between the technology licensors and the project owner. Both…more

Construction Contracts, Engineering, Funding, IP License, License Agreements

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Trade Secrets Protection Bill Pending Before the Senate and Judiciary Committee

On July 29, 2015, congressional leaders in both the House and Senate introduced a bipartisan, bicameral legislation to help combat the theft of business trade secrets. The proposed bill, titled the "Defend Trade Secrets Act of…more

Defend Trade Secrets Act, Economic Espionage Act, Pending Legislation, Statute of Limitations, Theft

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M&A Attractiveness Index, EMEA – United Kingdom

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, the United Kingdom is now ranked fifth out of a total of 147 countries in terms of its attractiveness for M&A purposes…more

Acquisitions, EU, Foreign Investment, Inbound Investments, Investment Funds

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The New European Market Abuse Rules – Looking Towards 2016

Significant changes to the European laws on market abuse are due to come into effect in July 2016. On implementation, the new measures will replace the four current European directives on market abuse. This Insight looks at…more

Benchmark Pricing, Commodities, Criminal Prosecution, EU, Financial Conduct Authority (FCA)

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Department of Labor Proposes New Overtime Regulations

On June 30, 2015, the Department of Labor (the “DOL”) released proposed modifications to its overtime exemptions under the federal Fair Labor Standards Act (the “FLSA”). The proposed revisions increase the minimum salary levels…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Minimum Wage

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EEC Issues Draft Rule on Electronic Pre-Notification Procedure for Shipment by Rail

The Eurasian Economic Commission (the “EEC”) issued a draft decision on July 16, 2013 requiring electronic pre-notification for all goods shipped into the Customs Union (CU) by rail. The draft decision provides for entry into…more

Customs, EU, European Commission, Notifications, Proposed Regulation

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Plunging Oil Prices: Options for Long-term Project Participants affected by the Price Collapse

Plunging oil prices over the past six months have left many participants in long-term energy projects looking at very different deals from the ones they signed. Having hovered around US$115 per barrel in June 2014, prices have…more

Construction Contracts, Construction Industry, Energy Projects, Energy Sector, Force Majeure Clause

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Brazil: the real deal?

As one of the BRICS economies, Brazil has long been touted as one of the world’s most dynamic emerging markets. It is the world’s seventh biggest economy, has a large domestic market thanks to a population of almost 200 million…more

Brazil, BRIC, Emerging Markets, Foreign Investment, Foreign Markets

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M&A Attractiveness Index, EMEA – Turkey

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, Turkey is now ranked 53rd out of a total of 147 countries in terms of its attractiveness for M&A purposes (i.e., its…more

Acquisitions, EU, Inbound Investments, Mergers, Outbound Acquisitions

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Opt-out class actions in the UK – off the blocks, on a mobility scooter

A new opt-out class action regime was introduced into the UK on 1 October 2015 under the Consumer Rights Act 2015 (the "CRA"). Since then, practitioners have been waiting patiently; intrigued to see when the first claim would be…more

Class Action, Competition Appeals Tribunal (CAT), Consumer Protection Act, Corporate Counsel, Durable Medical Equipment

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Global Tax Report - September 2013: Intellectual Property Tax Planning

In This Issue: - United States: Benefits of Intangible Property Migrations - United Kingdom: Innovation: The Name of the Game - Germany: OECD’s Action Plan on Base Erosion and Profit Shifting (BEPS) Within the…more

Erosion, EU, Innovation, Intangible Property, Tax Planning

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Trade in the balance: Europe's new Union Customs Code

The European Union — the world's largest trader of manufactured goods and services — is adopting a new framework of customs rules, the Union Customs Code (UCC). From cutting-edge California mobile devices and Chinese…more

AEO, Asia, Bilateral Agreements, C-TPAT, Classifications of Goods

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Global Tax Report - September 2013: Intellectual Property Tax Planning

In This Issue: - United States: Benefits of Intangible Property Migrations - United Kingdom: Innovation: The Name of the Game - Germany: OECD’s Action Plan on Base Erosion and Profit Shifting (BEPS) Within the…more

Erosion, EU, Innovation, Intangible Property, Tax Planning

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First Circuit: Private Equity Fund May Be “Trade or Business” and Subject to Portfolio Company Pension Liabilities

The First Circuit Court of Appeals has recently held in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312 (July 24, 2013), a case of first impression at the Circuit Court level,…more

Benefit Plan Sponsors, COBRA, ERISA, Investment Portfolios, Pensions

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European Commission’s proposal on banking structural reform - a Volcker Rule for Europe

On 29 January 2014, the European Commission published a legislative proposal for a Regulation on structural reforms to the EU banking sector (the “Proposed Regulation”). The Proposed Regulation advances the recommendations set…more

Banking Reform Bill, EU, European Commission, Financial Regulatory Reform, Foreign Banks

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M&A Attractiveness Index, EMEA – Turkey

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, Turkey is now ranked 53rd out of a total of 147 countries in terms of its attractiveness for M&A purposes (i.e., its…more

Acquisitions, EU, Inbound Investments, Mergers, Outbound Acquisitions

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Halliburton Co. v. Erica P. John Fund, Inc.: The US Supreme Court Confirms That Defendants in Securities Fraud Cases May Rebut Alleged Price Impact at the Class Certification Phase

The US Supreme Court’s decision in Halliburton Co. v. Erica P. John Fund, Inc., Slip op., No. 13-317 (Jun. 23, 2014), unanimously held that before certifying a class in a securities fraud case, federal courts must allow…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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EEC Issues Draft Rule on Electronic Pre-Notification Procedure for Shipment by Rail

The Eurasian Economic Commission (the “EEC”) issued a draft decision on July 16, 2013 requiring electronic pre-notification for all goods shipped into the Customs Union (CU) by rail. The draft decision provides for entry into…more

Customs, EU, European Commission, Notifications, Proposed Regulation

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UK Ratification of the Cape Town Convention

It cannot have escaped the attention of anyone involved in the aviation finance industry that the UK is currently in the process of ratifying the Cape Town Convention (being the Convention on International Interests in Mobile…more

Aircraft, Aircraft Equipment, Aircraft Financing, Aircraft Sales, Aviation Industry

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M&A Attractiveness Index, EMEA – Czech Republic

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, the Czech Republic is now ranked 21st out of a total of 147 countries in terms of its attractiveness for M&A purposes…more

Acquisitions, Czech Republic, Foreign Investment, Inbound Investments, Investment Funds

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A brave new world for international leveraged debt - The reshaping of the wider economy has led to increasingly converging and competitive leveraged finance markets

Innovation and collaboration are driving leveraged debt markets - European high yield and leveraged loan markets have a distinctly different feel from 12 months ago. Volumes and values notably dropped over 2015, leaving…more

Chapter 11, Collaboration, Debt, Debt Restructuring, Emerging Markets

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Treatment of senior unsecured debt in European leveraged finance transactions: Court of Appeal confirms no duty to unsecured third party creditors on enforcement

In its recent judgment in PK Airfinance Sarl v Alpstream AG, the Court of Appeal has reaffirmed the existing rule that a security holder upon a distressed sale of security assets does not owe a duty under English law to…more

Aircraft Sales, Appeals, Default, EU, Fiduciary Duty

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UK Ratification of the Cape Town Convention

It cannot have escaped the attention of anyone involved in the aviation finance industry that the UK is currently in the process of ratifying the Cape Town Convention (being the Convention on International Interests in Mobile…more

Aircraft, Aircraft Equipment, Aircraft Financing, Aircraft Sales, Aviation Industry

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Back in the game: The rise of US M&A

US M&A is bouncing back - After a tough few years, acquisitions in the United States have seen a remarkable resurgence - The first half of 2014 saw a great dealmaking revival in the United States. Deal values are…more

Acquisitions, Biotechnology, Buyouts, CFIUS, China

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Global merger control: Charting a route to port

As investors scour the world for growth, regulators are placing cross-border deals under ever greater scrutiny, and a new regulatory world order is emerging. Understanding it is essential. Merger control: Getting your deal…more

Acquisitions, Antitrust Provisions, Cross-Border Transactions, EU, Gun-Jumping

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How prepared is industry for the possibility of a Brexit?

The next structural issue facing the European Union - White & Case commissioned independent research to capture views on how senior in-house legal decision makers and senior managers viewed the possibility of a Brexit and…more

Banking Sector, EU, Euro, Financial Services Industry, Free Trade Agreement

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Recidivism revisited

Court of Justice holds parent companies may be fined for repeat infringements even without being an addressee of the earlier decisions - On 5 March 2015, the European Court of Justice (CoJ) handed down its judgment in…more

Antitrust Investigations, Cartels, EU, Parent Corporation, Recidivism

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EU publishes TTIP negotiating positions for five key sectors to increase transparency

On 14 May 2014, in the run-up to the fifth negotiating round taking place 19-23 May 2014 in the US, the European Commission has published its negotiating position in the ongoing Transatlantic Trade and Investment Partnership…more

Automotive Industry, Chemicals, Cosmetics, EU, Negotiations

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The United States Supreme Court Holds That a Defendant’s Notice of Removal Need Only Include a “Plausible Allegation” That the Amount in Controversy Exceeds the US$5 Million Jurisdictional Threshold

On December 15, 2014, the US Supreme Court issued its opinion in Dart Cherokee Basin Operating Co., LLC, et al. v. Owens.1 Writing for the 5 – 4 majority, Justice Ginsberg held that a defendant’s notice of removal pursuant to…more

CAFA, Class Action, Dart Cherokee Basin Operating Co. v. Owens, Diversity Jurisdiction, Jurisdiction

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EU Court limits the scope of environmental liability for new owners of polluted land

The Court of Justice of the European Union (the “CJEU”) has shed light on the application of the “polluter pays” principle in the context of the EU’s Environmental Liability Directive. The judgment, handed down on 4 March 2015…more

Bona Fide Purchaser, Contaminated Properties, Discharge of Pollutants, Environmental Liability, Environmental Remediation Costs

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France’s Highest Court, the Cour de cassation Validates Asymmetrical Jurisdiction Clauses

In its widely published decision of 7 October 20151, France’s highest court, the Cour de cassation has adopted a clear stance in favour of validating conditional and asymmetric forum selection clauses. The case involved…more

Apple, Cour de Cassation, Forum Selection Clause, France, International Litigation

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Overview of the Key Amendments into Legislation on Rehabilitation and Bankruptcy

On 13 November 2015, the Law of the Republic of Kazakhstan “On Introduction of Amendments and Supplements to Certain Legislative Acts of the Republic of Kazakhstan on the Issues of Rehabilitation and Bankruptcy” (the “Law”) was…more

Bankruptcy Reform, Creditors, Insolvency, Kazakhstan, New Amendments

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Significant concerns from EU Data Protection Authorities may delay the EU-US Privacy Shield

EU Data Protection Authorities met in Brussels last week to deliver their eagerly anticipated opinion on the proposed EU-US Privacy Shield. They set out significant criticisms of the current proposals, dealing a blow to those…more

Article 29 Working Party (WP29), Data Protection Authority, EU, EU Data Protection Laws, EU-US Privacy Shield

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Tecnimont SPA v. J&P Avax: France’s highest court reinforces the legal status of arbitration rules

Last week, the French Cour de Cassation issued its long-awaited decision in the Tecnimont matter. It quashed a decision of the Reims Court of Appeal which had set aside an ICC award on the basis of lack of independence of the…more

Arbitration, Arbitration Agreements, EU, ICC

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2015 Half-year in review M&A legal developments

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on their…more

Acquisitions, Board of Directors, Breach of Contract, Commercial Leases, Companies Law

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France’s Highest Court, the Cour de cassation Validates Asymmetrical Jurisdiction Clauses

In its widely published decision of 7 October 20151, France’s highest court, the Cour de cassation has adopted a clear stance in favour of validating conditional and asymmetric forum selection clauses. The case involved…more

Apple, Cour de Cassation, Forum Selection Clause, France, International Litigation

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US Department of Labor Accepts Petition to Investigate Peru’s Alleged Noncompliance with US-Peru FTA Labor Commitments

On September 25, 2015, the US Department of Labor (DOL) announced its acceptance of a petition filed by the International Labor Rights Forum and seven Peruvian labor organizations concerning the alleged failure of the Government…more

DOL, ILRF, International Labor Laws, Labor Law Violations, Noncompliance

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Steps Companies May Take to Comply with Revised Document Retention Requirements

Federal Rule of Civil Procedure 37(e) sets forth the requirements for the retention of electronically stored information ("ESI") and the corresponding sanctions available to remedy the loss of ESI. New amendments to Rule 37(e)…more

Adverse Inference Instructions, Corporate Counsel, Discovery, Document Retention Policies, Duty to Preserve

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PSC Regime: Register of People with Significant Control for Sponsor controlled companies

From 6 April 2016 most UK companies and LLPs will be required to keep a register of people with significant control (“PSCs”). The rules are aimed at increasing transparency over ownership and control of UK companies and LLPs and…more

Companies Act, Controlling Stockholders, Financial Sponsors, Investors, LLPs

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CFPB: The Quarterly Review - April 2016

If the first quarter is any indication, 2016 is going to be a busy year for the CFPB and market participants alike. The CFPB Speaks - Regulation by enforcement - On March 9, during his prepared remarks to…more

Automotive Loans, Banks, CFPB, Consumer Complaint Database, Corporate Counsel

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No-Action Relief from CFTC Rule 3.10(c)(3) Clearing Requirement

CFTC grants no-action relief regarding the application of the exemption in CFTC Rule 3.10(c)(3) to swaps that are not subject to a clearing requirement. On February 12, 2016 the Commodity Futures Trading Commission ("CFTC")…more

Brokers, CFTC, CPOs, CTA, Dodd-Frank

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European Court of Justice says the European Stability Mechanism (ESM) is compatible with EU law

In a judgment handed down today, in a preliminary reference from the Irish Supreme Court, in Thomas Pringle v The Government of Ireland, Ireland and the Attorney General (Case C-370/12), the Court of Justice of the European…more

European Stability Mechanism

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Transposition of the Concession Directive in France

France transposed the European directive 2014/23/EU of the European Parliament and of the Council dated 26 February 2014 on the award of concession contracts (the “Concession Directive”) through the “ordonnance n° 2016-65” dated…more

Competitive Bidding, Concession Agreements, EU, France, Grantors

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Russian law on the priority of the RF Constitution over resolutions of intergovernmental human rights bodies

On 15 December 2015, Federal Constitutional Law No. 7-FKZ dated 14 December 2015 "On amendments to the Federal Constitutional Law 'On the Constitutional Court of the Russian Federation'" (the "Law") prepared pursuant to…more

Constitutional Courts, European Court of Human Rights, Human Rights, Intergovernmental Agreements, International Treaties

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European Commission adopts first two decisions in EU tax probe in push for corporate tax reform

On 21 October, the European Commission (“EC”) adopted its first decisions in its investigation into Member States’ tax rulings. The investigation, which began in June 2013, has also targeted tax rulings given to Apple and…more

Advanced Pricing Agreements, BEPS, Corporate Taxes, EU, European Commission

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CLO Risk Retention: Late-Season Predictions

For college football fans, the regular season is drawing to an end, which means it is time for the pundits to start breaking out the bowl game predictions. Of course the experts never get it fully correct (who could have…more

Collateralized Debt Obligations, Dodd-Frank, Risk Retention

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The Perils of Not Showing Up: Default Judgment Entered Against Two Former Siemens Executives for Record US$1.46 Million in Combined Civil FCPA Penalties

On February 3, 2014, Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York issued a default judgment in U.S. Securities and Exchange Commission v. Sharef, et al. against two former Siemens AG…more

Civil Monetary Penalty, Default Judgment, Enforcement Actions, FCPA, SEC

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Back in the game: The rise of US M&A

US M&A is bouncing back - After a tough few years, acquisitions in the United States have seen a remarkable resurgence - The first half of 2014 saw a great dealmaking revival in the United States. Deal values are…more

Acquisitions, Biotechnology, Buyouts, CFIUS, China

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US Significantly Expands Sanctions Targeting North Korea

On March 16, 2016, the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) expanded sanctions on North Korea (the DPRK) pursuant to Executive Order 13722 (EO 13722). This action implements in part…more

Economic Sanctions, North Korea, OFAC, SDN List, U.S. Treasury

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Advocate General gives opinion on the meaning of “establishment” for the purpose of collective redundancy consultation

Advocate General Wahl has given an opinion on the meaning of the word “establishment” in Article 1(1)(a)(ii) of Directive 98/59/EC (the Collective Redundancies Directive), for the purpose of calculating whether the threshold…more

Collective Redundancies Directive, Employer Liability Issues, UK

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2015 Half-year in review M&A legal developments

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on their…more

Acquisitions, Board of Directors, Breach of Contract, Commercial Leases, Companies Law

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FTC Announces Annual Changes to HSR Thresholds (2016)

On January 21, 2016, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds…more

Acquisitions, FTC, Hart-Scott-Rodino Act, Mergers, Threshold Requirements

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Focus on the practical consequences of the ECJ’s Gazprom decision

Arbitral tribunal, state court – who is allowed to decide? Where a dispute concerns conflicting decisions made by courts of EU Member States one of the first things that springs to mind is “Council Regulation (EC) No…more

Arbitration, EU, European Court of Justice (ECJ), Jurisdiction, Member State

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Plunging Oil Prices: Options for Long-term Project Participants affected by the Price Collapse

Plunging oil prices over the past six months have left many participants in long-term energy projects looking at very different deals from the ones they signed. Having hovered around US$115 per barrel in June 2014, prices have…more

Construction Contracts, Construction Industry, Energy Projects, Energy Sector, Force Majeure Clause

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