Cross-Border Transactions

News & Analysis as of

Combative French Plaintiff Obtains Extended Jurisdiction Over Cross-border Online Marketplace Sales

On 21 December 2016, the European Court of Justice (ECJ) handed down an interesting interpretation of jurisdictional issues in cross-border competition law and online sales. The ECJ ruled that courts of a Member State have...more

Cross-border Trade Secrets Protection - Coincidence or Collaboration?

The US and the EU passed new trade secret laws within 30 days of each other. If you are engaged in cross-border business you are now subject to dual enforcement -- but also common protections in both jurisdictions. What can...more

To Obtain Data Abroad, Government Just Googles It

As technology companies expand globally they increasingly are storing customer electronic data in servers outside the United States. To keep apace, the Justice Department has become more creative in adapting existing legal...more

AML Rules for Payment Industry Proposed by European Union Regulators

The Joint Committee of the European Supervisory Authorities (ESA) issued on February 10, 2017 draft rules regarding certain anti-money laundering (AML) and counter-terrorism steps for Member States of the European Union (EU)....more

CFIUS: Recent Developments and Trends

The past year has ushered in significant transformations in the cross-border M&A and US political landscapes, including a number of emerging developments and trends that have affected the review process of the Committee on...more

The Article 50 process: What happens now?

Last night the Article 50 Bill, which allows the Prime Minister to begin withdrawal talks under Article 50, was approved by the House of Commons. In this blog, we briefly outline the expected next steps and timeline....more

SEC Issues No Action Letter Regarding Canadian Companies’ Registration of Rights Offerings on MJDS Form F-7

In December 2015, the Canadian Securities Administrators (CSA) announced an amended regime for a prospectus-exempt rights offering in Canada. This amended regime allows certain public companies in Canada to conduct a...more

"Navigating the Challenges of Chinese Acquisitions of US Insurers"

Chinese investment in the U.S. insurance industry continued steadily in 2016, notwithstanding efforts by the Chinese government to impose new restrictions on outbound M&A. (See "Regional Focus: Asia.") Examples of such...more

2016 Year End Review: Money Laundering Opinions of Note

The federal courts continued in 2016 to produce a stream of cases pertaining to money laundering. We focus on three below because they involve analysis of basic issues that frequently arise in money laundering litigation....more

"Business Tax Reform All but Certain in US, Europe"

United States - The prospects for business tax reform in the United States were greatly enhanced by the 2016 election results. Reform under Republicans, who control both the White House and Congress, could dramatically...more

Singapore to permit third party funding of international arbitrations

Singapore is poised to become the first jurisdiction in Asia to introduce legislation permitting the use of third party funding in support of international arbitrations and related proceedings.? This follows the passing of...more

The Financial Report, Volume 6, Number 2

Discussion and Analysis - Last week, Mary Jo White delivered her “farewell address” to The Economic Club of New York upon the completion of her term as the 31st Chair of the Securities and Exchange Commission. Her...more

Reverse Cross Border Merger Could Become Popular as UK Companies Restructure in Advance of Brexit

Reverse cross border mergers could become a popular device for UK companies seeking to maintain and preserve “passporting” or other EU rights. The mechanism of a reverse cross-border merger (in this context whereby a UK...more

"Regional Focus: Asia"

A number of economic and political factors, both domestic and international, influenced M&A and capital markets activity worldwide in 2016. Skadden attorneys Christopher W. Betts, Will H. Cai, Z. Julie Gao, Bradley A. Klein,...more

"Regional Focus: Europe"

Skadden attorneys James A. McDonald, Elizabeth Robertson and Robert W. Stirling in London; Pascal Bine and Olivier Diaz in Paris; and Matthias Horbach and Stephan Hutter in Frankfurt provide insights on the developments...more

The Government's Article 50 Bill: small, but of mighty constitutional importance

On 26 January 2017, the Government published its European Union (Notification of Withdrawal) Bill (the "Bill") to empower the Prime Minister to notify the EU, under Article 50 of the Treaty on the European Union, of the...more

New Approach for the Assumption of Options in M&A

A Canadian SEC reporting company that looks to acquire a company with outstanding equity grants in the United States will frequently need to address the question: What alternatives are available for the assumption of the...more

CFIUS and the New Trump Administration: Your Top Ten Questions Answered

One of the themes of the Trump campaign was the need for enhanced national security. Although the Committee of Foreign Investment in the United States (CFIUS) is not mentioned in Mr. Trump’s 100-day plan, it is highly likely...more

"House Bill to Shake Up CFTC Rulemakings"

Less than two weeks into the new congressional session, the U.S. House of Representatives passed by a vote of 239 to 182 the Commodity End-User Relief Act1 (the Bill or House Bill), marking the first step by the new...more

CFIUS: President-elect Trump’s Potential Big Stick for China and Foreign Trade

On the campaign trail, President-elect Trump adopted a contentious approach towards foreign trade, focusing on Chinese “theft of American trade secrets” and suggesting, at times, potential isolationism for U.S. businesses....more

"Agencies Release Updated Guidelines for IP Licensing and International Enforcement and Cooperation"

On January 13, 2017, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued revised Antitrust Guidelines for the Licensing of Intellectual Property...more

When is a merger a cross-border merger?

The High Court recently had to consider whether a transaction to merge several UK companies and a Dutch company into a UK company fell within the scope of the Companies (Cross-Border Mergers) Regulations 2007....more

2016 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...more

May Day: What we now know about Brexit

For those who have been listening carefully to the UK Government in recent months, today's speech by Prime Minister Theresa May will be a confirmation that the UK Government has recognised the logical consequences of the...more

The Financial Report, Volume 6, Number 1 - January 2017

As we enter our sixth year of publication, I am reminded of the old curse (or is it a blessing?), “may you live in interesting times.” Before our next edition is published, a new President will be seated in the Oval Office...more

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