Multinationals

News & Analysis as of

Court of Appeal Grants Anti-Suit Injunction

In the case of Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more

New Specialized Knowledge Standards Coming for L-1B Transfers

Multinational companies wishing to transfer foreign national employees to the U.S. under the L-1B program will have to show the employee’s “specialized knowledge” by a “preponderance of evidence” under new guidance published...more

The New L-1B Adjudications Policy, Effective August 31

The recently issued U.S. Citizenship and Immigration Services (USCIS) final policy memorandum on L-1B visas clarifies the requirements for a sponsoring multinational organization transferring international personnel to the...more

A Primer on Russia’s New Data Localization Law

Privacy and data security professionals worldwide should circle September 1 on their calendars, as it’s the day Russia’s new data localization law goes into effect – and possibly generates major waves far beyond Russian...more

SEC Adopts Final Pay Ratio Rule

The U.S. Securities and Exchange Commission (SEC) has adopted a final pay ratio rule that implements Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) nearly two years...more

Foreign Corrupt Practices Act (FCPA): Israel Beware – Trends in Enforcement

Intuitively, Israeli companies and their directors would likely assume that their businesses are immune to investigation and the assessment of penalties by US regulators that are separated by a vast ocean and located more...more

SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure...more

What Is Your Case Management Missing? A Look at the Key Functions You Should Expect from Your Case Management Process

We all know how important a Case Management solution is when it comes to collecting and managing incident reports throughout your organization. Not only does it provide you with deeper insights into your employees behavior,...more

What U.S. Multinational Employers Need to Know about Background Checks

Employers often run background checks on their applicants and employees in order to protect the workplace and to assemble a good and trustworthy workforce. For U.S.-based employers with operations overseas, the legal...more

International Tax Alert (US): Tax Court Invalidates Cost Sharing Regulation on Stock-Based Compensation. Now What?

The Tax Court in Altera Corp. v. Commissioner, 145 T.C. No. 3 (2015) has determined that Treas. Reg. §1.482-7(d)(2) requiring related taxpayers to share stock-based compensation (SBC) in a cost sharing arrangement (CSA) is...more

Multinationals in China Should be Aware of Increased Enforcement of Environmental Law, Monitoring Requirements – and Fraud

In the last twelve months the Ministry of Environmental Protection (MEP) in the People’s Republic of China (PRC) has been remarkably vocal about environmental law, monitoring, and fraud, especially under the new environmental...more

Does Trade Facilitation Matter in the Fight against Corruption?

Today’s guest post comes from Evelyn Suarez, Principal, The Suarez Firm. The World Trade Organization’s (WTO) Trade Facilitation Agreement (TFA) may seem to be an odd topic for an anti-corruption blog but it is not. It...more

The Devilish Details of the New Spanish Horizontal Tax Consolidation Regime

What the new horizontal tax consolidation regime may mean for private equity sponsors, multinational groups, financial institutions (and everyone else…). In June 2014, the European Court of Justice (ECJ) ruled that the...more

Canada’s New Extractive Sector Transparency Measures Act and its Implications for Companies Subject to the U.S. Foreign Corrupt...

On June 1, 2015, Canada’s Extractive Sector Transparency Measures Act (“ESTMA” or “the Act”) came into force. Approved in December 2014, but not in force until this month, the Act requires companies in the extractive sector...more

The Key to Fostering Employee Engagement in Workplace Harassment Training

OCEG Chair Scott Mitchell and The Network’s VP of Product Management and Corporate Development, Jimmy Lin, discuss how to foster engagement around areas that affect companies of all sizes, such as workplace harassment...more

Global Tax News - July 2015

EUROPEAN UNION RE-LAUNCHES FORMULARY APPORTIONMENT: KEY POINTS ABOUT THE CCCTB The European Commission has recently released a Communication to the EU Parliament calling for a re-launch of its proposal from 2011...more

Revamping U.S. Taxation of Multinational Corporations?

The Obama administration and top lawmakers are in discussions regarding a potential overhaul of how the United States taxes U.S. multinational corporations. Topics under consideration include eliminating the U.S. approach of...more

How to Succeed in Africa by Choosing Partnership over Corruption

Big opportunities for exporters in Africa - There is no doubt that the continent of Africa is a land rich in opportunities for international businesses. With an abundance of natural resources, some of the world’s fastest...more

Mexico’s Energy Industry - July 2015

On July 15, 2015, the First Tender initially published on December 11, 2014 (First Tender), came to a conclusion when the Comisión Nacional de Hidrocarburos (CNH) conducted the Opening and Presentation of Bid Proposals...more

Sanctions Relief to Expect from the Nuclear Deal with Iran

On July 14, 2015, Iran and the P5+1 countries (China, France, Germany, Russia, the United Kingdom and the United States), with the High Representative of the European Union for Foreign Affairs and Security Policy, finalized...more

Focus on Tax Controversy - Summer 2015

The French 3 Percent Distribution Tax: Claiming a Refund - Since December 2012, French companies have been liable for a 3 percent tax on distributions to their shareholders (3 Percent Tax), but practitioners have widely...more

Brazil: Amid Great Recession, Government Issues Executive Order to Stave Off Unemployment and Reduce Labor Costs

On July 6, 2015, the Brazilian government issued an Executive Order (MP 680/15 and Decree 8.479/15) called Program to Protect the Employment (“PPE”) to slow down the rise of unemployment and the deepening of the recession. ...more

Russia’s data localization requirement will take effect September 1

Russia’s much publicized changes to its data protection rules come into force as of September 1, 2015. These changes are broadly, and vaguely, written and apply to almost anyone handling the personal data of Russian...more

Russia’s data localization requirement will take effect September 1

Russia’s much publicized changes to its data protection rules come into force as of September 1, 2015. These changes are broadly, and vaguely, written and apply to almost anyone handling the personal data of Russian...more

The evolving nature of legal risk: Legal risk, as we once understood it, is changing. Companies need to be prepared to respond...

Over the past decade, many of the legal risks facing companies under US law have narrowed dramatically while others have proliferated. The advent of streaming news and social media means that local issues can become global...more

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