Cross-Border

News & Analysis as of

Advertising Law - July 2016 #4

Sen. Franken Hits Pause on Pokémon GO - After the Pokémon GO app was downloaded approximately 7.5 million times in the United States alone in its first week of release, Sen. Al Franken (D-Minn.), the chairman of the...more

EU Retail News - July 2016

BREXIT – THE NEXT STEPS - Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past –...more

Unitization: Specific Considerations for LNG Export Projects

Unitized Gas to LNG Export - A number of global LNG export projects – existing, under construction and planned – process (or will process) natural gas produced from unitized gas fields. Gas produced from unitized gas...more

FTC Steps Up Activity on APEC Cross-Border Privacy Certification: Issues Warning Letters to 28 Companies Claiming Certification

The Federal Trade Commission (FTC) has issued warning letters to 28 companies that claim to be certified participants in the Asia-Pacific Economic Cooperative’s (APEC) Cross-Border Privacy Rules (CBPR) system on their...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

AIFMD – ESMA Updates Q&A on the Application of the AIFMD - ESMA updated its questions and answers on the application of the AIFMD on 3 June 2016. The new content includes a new question and answer on requirements...more

Brexit: Some Potential Implications For Employers

On June 23, 2016, the people of the United Kingdom—(more precisely, the island of Great Britain, comprising England, Wales Scotland and Northern Ireland) voted, pursuant to a referendum called “Brexit,” to leave the European...more

Brexit: What You Need To Know - Financial Services

The loss of the ability to undertake business on a passport basis could be one of the most significant impacts on the financial services industry in the UK. The UK’s current EU membership allows a range of authorised...more

Cross-Border Financing Transactions between China and the U.S.

PLA today posts materials prepared by Norm Page, Chair of DWT’s China Practice and Adjunct Professor at the East China University of Political Science and Law, regarding cross-border financing transactions between China and...more

"China and the Foreign Corrupt Practices Act"

Recent U.S. Department of Justice (DOJ) policies on corporate crime prosecutions, coupled with the Chinese government’s robust anti-corruption campaign, are proving challenging for U.S. corporations with business operations...more

FTC Approves Final Order Prohibiting Misrepresentation about Vipvape’s Participation in Privacy or Security Program

On June 29, 2016, the Federal Trade Commission (FTC) announced it had approved a final order resolving the complaint against Vipvape, a manufacturer of hand-held vaporizers. The complaint alleged Vipvape misrepresented its...more

FTC Approves Final Order Prohibiting Misrepresentation about Vipvape’s Participation in APEC Cross Border Privacy Program

On June 29, 2016, the Federal Trade Commission (FTC) announced it had approved a final order resolving the complaint against Vipvape, a manufacturer of hand-held vaporizers. The complaint alleged Vipvape misrepresented its...more

Choice of Law Principles in Cross-Border Privilege Disputes: Whose Law Applies?

The Attorney-Client Privilege and Work Product Doctrine in the United States and Abroad - The attorney-client privilege and work product doctrine are important and well-known concepts to nearly every lawyer in the...more

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

Blog: It’s #Brexit (for now). Where next for UK & non-EU regulated firms?

To the surprise of many, the UK has voted to leave the European Union by a narrow margin. Financial services businesses in the UK, and those that were planning to come here, now need to decide what (if anything) to...more

Energy Newsletter - June 2016

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization - Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today...more

UK Financial Regulatory Developments - June 2016 #8

ESMA updates EMIR Q&A - ESMA has updated its Q&A on EMIR. The new questions address: - the clearing obligation, specifically about the self-categorisation needed to establish which counterparties belong to which...more

New Rules (and Prohibitions) to Promote E-Commerce in Europe

Anyone who has gone through the experience of purchasing a product or a service online in Europe has gone through at least one of these experiences, or all of them: a message informs you that a product or service is not...more

CFTC Adopts Final Rules Regarding the Cross-Border Application of Its Swap Margin Requirements

On May 24, 2016, the U.S. Commodity Futures Trading Commission (“CFTC”) adopted a final rule defining the cross border application of its margin requirements for uncleared swaps. The final rule covers all swap dealers and...more

New FASB Tax Withholding Rules Give Companies (Particularly Multinationals) More Flexibility

As part of its Simplification Initiative, the FASB recently adopted Accounting Standards Update (ASU) 2016-09, Improvements to Employee Share-Based Payment Accounting, which impacts how companies (both public and private)...more

UK Financial Regulatory Developments - June 2016 #3

Treasury publishes AML supervision report - Treasury has published its anti-money laundering (AML) and counter terrorist finance (CTF) supervision report for 2014-2015. The report stresses the importance of preparing...more

New EU e-Commerce rules are set to facilitate online buying and selling in the single market

On 25 May 2016, and following an in-depth sector inquiry and consultation period, the European Commission (“EC”) published proposals for a set of new e-Commerce rules. The EC believes that this three-pronged strategy will...more

CFTC Issues Final Rules Regarding the Cross-Border Application of its Uncleared Swaps Margin Requirements - June 2016

On May 24, 2016, the Commodity Futures Trading Commission (“CFTC”) in a much anticipated action approved the issuance of final rules (“Final Rules”) regarding the cross-border application of its uncleared swaps margin...more

European Competition Law Newsletter – June 2016

Resale Price Maintenance is Just as Bad Online - Two recent UK cases have demonstrated once again that any form of resale price maintenance (RPM) in relation to online sales will be treated just as harshly as RPM...more

UK Financial Regulatory Developments - June 2016 #1

Insurance Europe reiterates PRIIPSs concerns - Insurance Europe has published a paper articulating its detailed concerns over the RTS produced by the European Supervisory Authorities in support of the Key Information...more

CFTC Finalizes Cross-Border Margin Rules for Uncleared Swaps

On May 24, 2016, the Commodity Futures Trading Commission (CFTC) adopted final rules (cross-border margin rules) that specify how its recently issued uncleared margin rules apply to cross-border transactions. Chairman Timothy...more

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