News & Analysis as of

Cross-Border Transactions

Tracking Trends in CFIUS Review Process Based on Recently Released 2015 Annual Report

Last month, the Committee on Foreign Investment in the United States (“CFIUS”) released its annual report to Congress for 2015 (the “2015 Annual Report”) and its cumulative table summarizing foreign investment activity from...more

Foreign Investment in China: An Introduction

China presents some of the world’s most exciting opportunities, and a unique set of cultural, legal and political challenges. It has a distinct legal regime that in many respects cannot be understood by direct reference to...more

Update: Third Round of NAFTA Negotiations Concludes - Compromise Possible?

by Snell & Wilmer on

The third round of the North American Free Trade Agreement (NAFTA) negotiations among the United States, Canada, and Mexico concluded at the end of September. Similar to the position taken after the second round of...more

Canada Initiates Stakeholder Consultations on a New Trans-Pacific Partnership Agreement

by Dickinson Wright on

On September 30, 2017, Global Affairs Canada announced that it has commenced a consultation process regarding a new Trans-Pacific Partnership Agreement (“TPP-11”). The consultation process is part of a renewed effort to...more

No Comment: Temporary Anti-Inversion Regulation Rejected Under Administrative Procedure Act

On Friday, September 29, 2017, the Federal court for the Western District of Texas struck down the temporary anti-inversion regulation issued under Sec. 7874, which has been charged with preventing the planned $160 billion...more

Latest CFIUS Annual Report Shows Start of Withdraw and Refile Trend

The Committee on Foreign Investment in the United States (CFIUS) recently released the unclassified version of its annual report to Congress for transactions notified to CFIUS during calendar year 2015. While the data...more

10 Takeaways From the CFIUS Annual Report to Congress

by Latham & Watkins LLP on

Calendar Year 2015 CFIUS Report reflects review of transactions for national security risks is generally taking longer, with Chinese investors leading all others. The Committee on Foreign Investment in the United States...more

Yet Another Ruling Deepens the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially

by Jones Day on

The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to a non-U.S. transferee—as is increasingly common...more

Greenhouse gas emissions trading schemes: A global perspective - UK

by White & Case LLP on

EU's trading scheme framework dominates, but Brexit brings uncertainty - As early as 2002, the UK began preparing for international emissions trading. It initiated a pilot emissions trading scheme (UK ETS) in anticipation...more

The Latham FPI Guide: Accessing the US Capital Markets From Outside the United States - 2017 Edition

by Latham & Watkins LLP on

Fabry-Pérot Interferometer, SA is a highly successful non-US company known to the world as FPI. FPI is considering doing a debt or equity offering in the United States. What are the key legal issues it, and its underwriters...more

CFIUS Annual Report Highlights Period of Increased Scrutiny for Foreign Investments

by Hogan Lovells on

In 2015, the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government interagency committee that conducts national security reviews of foreign investments, maintained a heavy case load, reviewing 143...more

President Trump Blocks Foreign Acquisition by Chinese Firm: Isolated Case or Harbinger of Increased CFIUS Scrutiny?

by Baker Donelson on

On September 13, President Trump blocked the $1.3 billion acquisition of U.S. microchip manufacturer Lattice Semiconductor Corp. ("Lattice") by Chinese private equity firm Canyon Bridge Capital Partners Inc. ("Canyon...more

Asset Management Regulatory Roundup - September 2017 - Issue 6

by Dechert LLP on

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on Brexit: Impact on cross-border financial services contracts; cryptocurrency: initial...more

Update: Second Round of NAFTA Negotiations Concludes - Progress Made?

by Snell & Wilmer on

The second round of the North American Free Trade Agreement (NAFTA) negotiations among the United States, Canada, and Mexico concluded earlier this month. While official statements from the countries indicated that all three...more

China’s ‘One Belt, One Road’ Initiative Creates Opportunities and Regulatory Challenges

In a time of shifting opinions on the benefits of globalization, China’s “One Belt, One Road” initiative (OBOR) offers an unexpected bright spot for multinational companies able and willing to participate in this...more

CFIUS Continues to Present an Obstacle to Chinese Acquisitions

by Ropes & Gray LLP on

On September 13, 2017, President Donald Trump issued an Executive Order blocking investment firm, Canyon Bridge Capital Partners Inc. (“Canyon”), from acquiring Lattice Semiconductor Corporation (“Lattice”). President Trump’s...more

At The Bench: 2017 Mid-Year Case Review

Impression Prods. v. Lexmark Int’l, 137 S. Ct. 1523, 581 U.S. ___ (2017) The Supreme Court held that all patent rights are exhausted upon the first sale of a patented product, regardless of where the sale is made or...more

China Imposes Further Guidelines on Chinese Outbound Investments

by Morrison & Foerster LLP on

In response to the rapid decline in China’s foreign exchange reserves in 2016, the People’s Bank of China (“PBOC”), along with the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce (“MOFCOM”)...more

NBU amends currency legislation related to raising loans from IFIs (Ukrainian)

by Dentons on

Following the ongoing liberalisation of the currency control, the National Bank of Ukraine (“NBU”) adopted Resolution No. 88 dated 7 September 2017 (“Resolution”) (effective from 13 September 2017) simplifying the procedure...more

NBU amends currency legislation related to raising loans from IFIs

by Dentons on

The National Bank of Ukraine simplified requirements for raising loans from international financial institutions - Following the ongoing liberalisation of the currency control, the National Bank of Ukraine (“NBU”) adopted...more

Federal Trade Commission Reaffirms Commitment to Enforce EU-US Privacy Shield

by Dechert LLP on

The U.S. Federal Trade Commission (FTC) recently settled enforcement actions against three companies accused of misleading consumers about their participation in the European Union-United States Privacy Shield framework,...more

In Conversation with…GBite Oduneye, founder of Nigerian Capital Markets Forum

by Hogan Lovells on

(a) You have been working in the Nigerian Capital Markets space for about 11 years now - what would you say has kept you attracted to the Market? My mother introduced me to Capital Markets at a very young age. She strongly...more

Courts, Cooperation, and More: Incorporating Case-Specific Provisions in Insolvency Protocols - September 2017

by Jones Day on

In cross-border restructuring cases, interested parties increasingly rely on court-approved insolvency protocols to aid in managing complex insolvencies involving debtors' assets, liabilities, or operations that span...more

Coining it in: ICOs as the New Fundraising Paradigm?

by Latham & Watkins LLP on

Initial Coin Offerings (ICOs) involve issuers offering virtual coins or tokens that are created and disseminated using distributed ledger or blockchain technology. The capital raised from the offer will fund the development...more

Second Circuit’s ruling in United States v. Allen strikes blow to cross-border enforcement efforts

by Dentons on

The Second Circuit’s recent decision in United States v. Allen has created a potentially serious obstacle to the United States’ cross-border enforcement efforts. The court ruled that the Fifth Amendment prohibits the...more

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