Cross-Border

News & Analysis as of

Anti-suit injunctions, OW Bunker and ISDA Master Agreements

Anti-suit injunctions, OW Bunker and ISDA Master Agreements SwissMarine Corporation Limited v O.W. Supply & Trading A/S (in bankruptcy) [2015] EWHC 1571 (Comm) - The Commercial Court has recently refused to grant an...more

Guiding Opinions to Promote Healthy and Rapid Development of Cross-Border E-Commerce

The Chinese e-commerce industry is rapidly expanding, and the nation is the world’s second largest online retail market. The business-to-consumer industry in particular is expected to see record growth in the next few years....more

The rise of cross-border antitrust investigations: US, Canada and Mexico enforcers meet to discuss even closer collaboration

Antitrust investigations are no longer limited to a nation’s borders, or even to a region. Enforcers are more and more sharing information and coordinating their investigative efforts as they strive to uniformly enforce the...more

State and Commerce Seek Comments on Proposed Export Control Rules Regarding Electronic Transmissions, Defense Services and Other...

On June 3, 2015, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) and the Department of Commerce’s Bureau of Industry and Security (BIS) published proposed rules amending the International Traffic...more

Letter from America: Non-Us Companies And Executives At Risk From Us RICO Law

More frequently than ever before, American plaintiffs and prosecutors are using U.S. laws to target conduct that has little, if any, connection to the United States. Potential exposure to criminal and civil liability under...more

The FIFA Criminal Case – DOJ’s Extensive Criminal Toolbox

Now that the dust has settled a little on the FIFA criminal case, I wanted to throw my two cents into the commentary pot. Those who focus on whether the FIFA case is a “corruption case,” “an FCPA case” or some other...more

Raising a Drawbridge Objection: Eligibility in Chapter 15 Cross-Border Insolvency Cases

Insolvency like international law can lend itself to aggressive protectionism as parties or countries try to preserve their own interests, like medieval lords surrounded their castles with moats and towering walls to fend off...more

MoFo Global Procurement Quarterly: Spring 2015

In This Issue: - Right to Modify? - International Brands May Trigger Cross-Border Interest in EU Tenders - Q&A with James Koukios - GSA Data Reporting - International IT Companies Face Continuing...more

Discovery in International Litigation: Data Privacy and Best Practices for Global Organizations

In an increasingly global economy, it is only natural to see a rise in complex and high-stakes international lawsuits. As a result, cross-border discovery issues are now commonplace, a staple of international litigation. ...more

FCPA Compliance and Ethics Report-Episode 167-Mara Senn on the Top 10 Practices in a Cross-Border Investigation [Video]

In this episode I visit with noted white collar practitioner Mara Senn who discusses her top 10 best practices when conducting cross-border investigations. ...more

FCPA: Anti-Bribery Provisions

The Foreign Corrupt Practices Act (FCPA) addresses the problem of international corruption in two ways: (1) the anti-bribery provisions prohibit individuals and businesses from bribing foreign government officials in order to...more

Senn on 10 Best Practices in a Cross-Border Investigation – Part II

Today I conclude a two-part series on how to formulate an effective best practices cross-border investigation based upon an interview I did with Mara Senn, a partner at Arnold & Porter LLP, who specializes in white collar...more

Senn on 10 Best Practices in a Cross-Border Investigation – Part I

Today we celebrate a closure for it was on this day in 1935 that probably the best-known baseball player in the history of the game, George Herman ‘Babe’ Ruth, retired. While many of his records were broken with the march of...more

“Forewarned Is Forearmed” – The Rise of Chinese Data-Flow Restrictions

Manufacturers with operations, employees, and/or customers in China must be aware of a long list of China-specific data-flow and content restrictions. Data-flow restrictions in particular affect manufacturers employing or...more

Cross-Border Investigations Update - May 2015

In This Issue: - Recent Prosecutions and Settlements: FCPA Enforcement Trends and Developments: Recent U.S. Foreign Corrupt Practices Act enforcement trends include the growing importance of corporate...more

Traps for the Unwary: A Look at Employees and Benefits in M&A Transactions

Employees drive the success of a company. In fact, in some industries (technology, for example) talent acquisition can be a primary motivation for a transaction. From identifying the target’s key employees, to assessing the...more

The Multi-State Non-Compete Agreement “Drilled Down”

Our February article addressed the options available to the multi-state employer attempting to design its non-compete agreements within the “tangled mess” of the various state laws applicable to agreements for employees who...more

Tax Alert: IRS Untangles Section 163(L) in Cross-Border Hybrid Financing Transaction

“In terrorem” or anti-abuse provisions often receive a lack of judicial and administrative interpretation. Section 163(l) of the Code, enacted in 1997, is no exception, so that even now certain fundamental questions relating...more

It’s 10:00 PM Somewhere. Do You Know Where Your Data Is?

For American companies doing business abroad, it is time—past time, in fact—to consider how and where you are storing your data. If you answered “in the cloud,” you need to do some probing, stat. ...more

Chapter 15 Cross-Border Insolvency Means Comity and Cooperation; Not Necessarily Comedy and Concern

After taking the last train into the small Italian town of Vernazza, my travelling party soon came to realize that our booked inn had given away our rooms and that there were no available rooms in town and no more trains out....more

The Netherlands: Dutch authority signs LoI with authority Isle of Man

Last Wednesday, the director of Supervision Commission Isle of Man and the director of the Dutch Games of Chance Authority (“KSA”) have expressed their intention to join forces by signing a Letter of Intent (“LoI”)....more

Senn Interview, Part I – Investigations Under the FCPA

One of the things that I am questioned on is when to bring in outside counsel for a Foreign Corrupt Practices Act (FCPA) investigation or simply to take a look at an issue that may have raised a Red Flag but is not yet a FCPA...more

Sports, Media and Entertainment Intelligence - May 2015 (Global)

COPYRIGHT - Belgium: Even a world famous painter needs to respect copyright - It has been held that the well-known Belgian painter Luc Tuymans breached professional photographer Katrijn Van Giel's copyright through his...more

Orrick's Financial Industry Week in Review

SEC Proposes Rules to Require Disclosure Regarding the Relationship Between Executive Pay and Company Financial Performance - On April 29, the Securities and Exchange Commission published proposed rules that would...more

Can My U.S. Company Offer Online Second Opinions in China?

This post is the sixth in Foley’s blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the Chinese telemedicine market. As U.S. companies continue...more

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