Cross-Border Transactions

News & Analysis as of

M&A Team News - January 2016

Here is a look back at the top M&A developments that affected deal-making last year and a look forward to our expectations for 2016....more

Islamic Finance News 2016 Annual Guide

A volatile year for Islamic finance – the only way is up? Once again the close of the year has come around more quickly than we ever thought possible, and it is time again for our annual review and outlook of the Islamic...more

Australian GST Reform: Cross-Border Transactions

The Australian Government has announced three GST reform measures impacting cross-border transactions, and most particularly inbound supplies made from outside Australia. If enacted, the reforms will address the...more

"US Economic Sanctions: New List-Based Programs"

While economic sanctions against Iran, Russia and Cuba have dominated the headlines over the past year, sanctions remain a dynamic component of U.S. foreign policy on other fronts. In 2015, President Barack Obama issued three...more

PilieroMazza Legal Advisor - First Quarter 2016

Business & Corporate Law - REGULATORY ISSUES FOR ACQUISITIONS OF GOVERNMENT CONTRACTS BY NON-U.S. BUYERS - With the uptick in M&A transactions for government contractors, we have seen an increase in cross border...more

"Berau May Expand US Restructuring Options for Foreign Issuers"

A recent decision in the U.S. Bankruptcy Court for the Southern District of New York clarifies that restructuring options under Chapter 11 or Chapter 15 are available to foreign issuers of U.S. debt, even if those issuers...more

"CFIUS Trends Inform Cross-Border Activity"

In a reflection of current M&A activity, Committee on Foreign Investment in the United States (CFIUS) cases have shifted in their geographic and industry focuses over the years, from the United Kingdom and other locations to...more

"European M&A: Multifunctional Stichtings"

The use of “stichtings,” or Dutch foundations, in the M&A context became more widely known outside of Europe in 2015 in connection with Mylan N.V.'s use of a Dutch poison pill defense against Teva's unsolicited offer. The...more

"M&A Techniques in a Complex Environment"

While the headlines in 2015 focused on the “megadeal” transactions over $5 billion (there were at least 137 such deals in 2015, according to Thomson Reuters), many transactions involving cross-border activities required...more

First trial in the financial list over validity of derivatives transactions draws to a close

The trial of the first case to be heard in the new Financial List has finished and we await the judgment from Mr Justice Blair with interest. The case was transferred in the middle of October, shortly after the Financial List...more

MoFo IP Newsletter - January 2016

Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

Intellectual Property and Technology News: Selling Online into the EU? New Obligation to Link to Dispute Resolution Platform

A European Online Dispute Resolution (ODR) Platform has been put in place by the European Commission from 9 January 2016. The Platform is intended to be used by online shops and consumers for settling their disputes....more

Did Utah’s Securities Commission Really Call Out California’s Commissioner?

I recently ran across an article concerning a row between Utah’s Securities Commission and California’s Commissioner of Corporations, E.C. Bellows. Engineering & Mining Journal, Bingham Galena on Trail of California...more

Corporate Dealmakers: Examining Growth Strategies for Different Markets

Cross-border transactions demand cultural sensitivity, patience and understanding. Valuations can be tricky. Due diligence is, almost by definition, harder and more time consuming than domestic planning, with different...more

Prohibition on changing the parties of cross-border loans to be terminated (Ukrainian)

New Resolution No. 996 of the Board of the National Bank of Ukraine (NBU) dated 31 December 2015 (the Resolution) introduces some changes to the existing “anti-crisis” measures introduced by the NBU. Starting from 11 January...more

Prohibition on changing the parties of cross-border loans to be terminated

New Resolution No. 996 of the Board of the National Bank of Ukraine (NBU) dated 31 December 2015 (the Resolution) introduces some changes to the existing “anti-crisis” measures introduced by the NBU. Starting from 11 January...more

European Commission targets cross-border parcel delivery as part of its Digital Single Market Strategy

On 22 December 2015, the European Commission announced its next steps towards completing the single market for cross-border parcel delivery. The Commission’s aim is to enhance price transparency and regulatory oversight of...more

The TPP Agreement and Privacy

The Trans-Pacific Partnership Agreement (the “TPP Agreement”) is a regional trade and investment agreement negotiated by 12 Pacific Rim countries representing 40 percent of the global economy. Canada, the United States,...more

Tax Update: Tax Ruling Transparency in the EU - What You Need to Know

In the wake of the final OECD BEPS reports issued in October, the European Council adopted amendments to Directive 2011/16/EU providing for the automatic exchange of information concerning advance cross border rulings (ACBR)...more

Continuous NBU “anti-crisis” measures (Ukrainian)

New Resolution No. 863 of the Managing Board of the National Bank of Ukraine (“NBU”) dated 4 December 2015 (the “Resolution”) entered into force on 5 December 2015. ...more

Continuous NBU “anti-crisis” measures

New Resolution No. 863 of the Managing Board of the National Bank of Ukraine (“NBU”) dated 4 December 2015 (the “Resolution”) entered into force on 5 December 2015....more

Global merger control: Charting a route to port

As investors scour the world for growth, regulators are placing cross-border deals under ever greater scrutiny, and a new regulatory world order is emerging. Understanding it is essential. Merger control: Getting your...more

Lessons to keep in mind for your next complex global deal

Antitrust assessment by regulators around the world is becoming increasingly more complex and less predictable. And with global M&A activity approaching boom levels, companies need to plan carefully when preparing for their...more

The Evolving Landscape for Finance in Greater China

Hong Kong has long served as a financial center for Asia. Now, as demand for capital in mainland China increases, and Chinese restrictions are easing, the region is poised for greater cross-border activity in the financial...more

Proposed Regulations Nix Foreign Goodwill Exception to Tax on Outbound Transfers

The IRS and Treasury recently issued proposed regulations under Section 367 with bad news for taxpayers. Citing aggressive taxpayer positions, the proposed rules do away with the foreign goodwill exception and restrict the...more

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