News & Analysis as of

EBA consults on draft liquidity RTS

EBA is consulting on draft Regulatory Technical Standards (RTS) related to liquidity requirements for cross-border intragroup financial support under stress conditions. These RTS specify the additional objective criteria for...more

EIOPA consults on PEPP

EIOPA has published a survey on the attractiveness of a standardised PEPP. Following previous consultation (see FReD 10 July), EIOPA is seeking further input on what would make the market attractive for providers to offer...more

EBA consults on qualifying holdings information exchange

EBA has launched a consultation on its draft Implementing Technical Standards (ITS) on the procedures, forms and templates that competent authorities in the EU should use when consulting each other on acquisitions and...more

ODRG reports on cross-border implementation

ESMA has published the OTC Derivatives Regulators Group (ODRG) report updating G20 on further progress in identifying and resolving OTC derivatives cross-border implementation issues....more

The globe-trotter's guide to merger control: How to avoid falling into traps

Having a sound knowledge of the intricacies of merger control regimes and thresholds is essential when guiding a complex crossborder M&A deal over regulatory hurdles to successful completion. With global cross-border M&A...more

Deportee Subject to Personal Jurisdiction Under California’s Long-Arm Statute

In Buchanan v. Soto (Filed 11/6/2015, No. D065652), the Court of Appeal, Fourth District, held that a deportee who held an interest in real property within the State of California was subject to personal jurisdiction in...more

Final Trans-Pacific Partnership Text is Released

Yesterday, the U.S. Trade Representative’s office published the full text of the Trans-Pacific Partnership setting up intense discussions in Congress about the agreement’s provisions on intellectual property, agriculture,...more

Cross Border Financing Report 2015, UK

Section 1 – Bank licences - 1.1 What licences or approvals do lenders need to have if lending to a borrower in this jurisdiction if a) the lender is a bank or b) the lender is a not a bank? No licences or approvals...more

Cross Border Financing Report 2015, Hong Kong

Section 1 – Bank licences - 1.1 What licences or approvals do lenders need to have if lending to a borrower in this jurisdiction if a) the lender is a bank or b) the lender is not a bank? Under the Money Lenders...more

Will There Be an APAC Safe Harbor?

On October 5, while the European Union’s highest court was busy striking down its Safe Harbor permitting the cross-border transfer of personally identifiable information, 12 countries reached a consensus on data transfers...more

Cross-Border Investigations Update - November 2015

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of...more

"Prudential Regulators Finalize Margin Requirements for Non-Cleared Swaps"

Federal banking regulators (Prudential Regulators) have finalized much-anticipated rules (Final Rules) relating to initial and variation margin requirements for certain swaps and security-based swaps that are not centrally...more

Australian Tax Update - October 2015

The Chevron decision provides critically important guidance on both the 'old' (Division 13) and 'new' (Subdivision 815-A) transfer pricing laws in Australia. While not dealing specifically with Subdivisions 815-B to D, the...more

Tips for Going Global: Plan Before You Expand

Companies enjoying success in the U.S. often seek global expansion to gain strategic benefits from accessing new markets—new revenue potential, talent acquisition and increased brand awareness. Before replicating your...more

A New OHADA Uniform Act on Insolvency and Restructuring in Africa

A new Uniform Act Organizing Collective Proceedings for Wiping Off Debts dated 10 September 2015 (the “Uniform Act”) has been published in the OHADA Official Gazette on 25 September 2015 and will enter into force on 24...more

Prudential Regulators Release Final Margin Rules for Swaps

On October 22, 2015, the Federal Deposit Insurance Corporation held an open meeting at which it voted to adopt: (i) final rules governing margin and capital requirements for uncleared swaps and (ii) an interim final rule to...more

ESMA Update to the European Parliament on the Extension of the AIFMD Passport to Non-EU AIFMs

On October 13, the European Securities and Markets Authority (ESMA) published the text of a speech made by its chairman, Steven Maijoor, to the European Parliament regarding ESMA’s ongoing work involving potentially providing...more

The Revised EC Regulation on Insolvency Proceedings Seeks to Resolve Practical Concerns

The European Council Regulation No 1346/2000 on insolvency proceedings (the Regulation) was adopted in May 2000 and came into force on 31 May 2002 in order to establish a European framework for cross-border insolvency...more

FTC Unveils Updated Cross Border Consumer Complaint Website

On October 13, the FTC, as part of the International Consumer Protection and Enforcement Network (ICPEN), announced an updated version of ICPEN’s, a website containing cross border consumer complaints and...more

Online Endorsements and “Astroturfing”

Having warned consumers: “Don’t buy into fake online endorsements” last year, the Competition Bureau sent a strong message to the media and marketing industry against astroturfing yesterday.  The Bureau announced that it has...more

OECD Releases Final BEPS Recommendations – Now What?

On Oct. 5, 2015, the Organization for Economic Cooperation and Development (OECD) released a set of final reports on its 15 point action plan to address Base Erosion and Profit Shifting (BEPS). In an accompanying explanatory...more

An Introductory Guide to Arbitration in Asia

International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

Transfer of Employees’ Personal Data from Germany to the United States under German Data Privacy Law

Following the ECJ’s decision in the “Schrems” case which has invalidated the Safe Harbor framework multinational corporations may now face profound privacy law related compliance issues in a multitude of jurisdictions. In the...more

FSB discusses ongoing workplan progress

FSB has met to discuss progress in its ongoing workplan. Its key priorities include: - market liquidity and asset management: encouraging the appropriate stress testing by funds to assess their ability to meet...more

A Perfect Storm for Automotive Patent Disputes?

As the automotive industry rebounds from its recessionary levels to an all time record level of spending on vehicles and healthy profitability, one of the key drivers of the increased vehicles sales has been increased...more

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