Cross-Border Transactions

News & Analysis as of

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

ALFI Response to IOSCO Consultation Report on Good Practices for the Termination of Investment Funds - ALFI responded to the IOSCO Consultation Report on Good Practices for the Termination of Investment Funds which...more

Getting the Deal Through — Electricity Regulation 2017: United Kingdom

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Government policy - Following the EU Referendum held on 23 June 2016, a new prime minister was appointed...more

¿Es Viable un TPP sin Estados Unidos?

El Tratado de Asociación Transpacífico (TPP) es un ambicioso acuerdo de libre comercio con 30 capítulos que abarcan una amplia gama de disciplinas relacionadas con el comercio, imponiendo estándares más estrictos sobre...more

Is the Trans-Pacific Partnership Still Possible Without the United States?

The Trans-Pacific Partnership (TPP) is an ambitious free trade agreement with 30 chapters covering a wide range of disciplines related to trade, imposing higher standards on existing disciplines and incorporating new ones....more

Limited Liability Companies: A Primer for the Canadian Finance Lawyer

The use of limited liability companies in the United States has expanded dramatically over recent years. A limited liability company (LLC) offers its owners protection from liability like a corporation, but with the advantage...more

What Does the Promised Trade War Mean for Companies?

President-elect Donald Trump has promised action that could drastically change the rules for U.S. importers and exporters, foreign shippers to the United States and service providers. Whether and how these promises translate...more

The Future of the U.S.-Canada Trade Relationship in Light of the Election

The United States and Canada enjoy a unique bilateral relationship. That relationship reflects a unique friendship, underpinned by shared geography, similar values, common interests, deep connections and powerful,...more

Decision to Block LinkedIn in Russia Demonstrates Russian Government’s Commitment to Enforce New “Localization” Requirements for...

- Recent amendments to Russia’s data processing rules require that databases used to process personal information of Russian citizens be located in the Russian Federation, even if the data is maintained by foreign...more

LinkedIn Blocked in Russia: Privacy and Trade Law Aspect

The business networking platform LinkedIn is the first major international player to fall victim to the implementation of Russia’s “data localization” law, with effect from September 1, 2015, which requires all parties...more

The Trump Administration: Change By Appointment

The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in...more

Reducing M&A risks related to national security reviews

As national security reviews grow in impact, investors need to be mindful of potential adverse consequences resulting from such reviews International M&A deal advisors are acutely aware of the growing impact of national...more

"Looking Ahead: The U.S. Legal and Regulatory Environment Under a Trump Administration"

Election Day brought an end to a long period of uncertainty that caused market fluctuations and delayed business planning decisions. As we navigate the post-election landscape, many questions remain regarding the potential...more

Brexit Produces New Problems for Enforcing Judgments in Europe

In a highly integrated economy like Europe’s, cross-border litigation is common. Oftentimes, a suit may be brought in a court in one EU country against a defendant with assets in many EU countries, so that a judgment from...more

¿Qué Podría Ocurrir con la Relación Comercial Bilateral México-Estados Unidos Después de las Elecciones?

Los resultados electorales de esta semana en los Estados Unidos requieren de un análisis serio sobre las consecuencias que pudieran llegar a tener las declaraciones realizadas durante la campaña por el nuevo Presidente electo...more

What Might Be Next for U.S.-Mexico Bilateral Trade After the Election?

This week's electoral results in the United States require a serious analysis of the consequences due to some of the statements made by new President-Elect Donald Trump during the campaign, which could impact trade and...more

Britain’s High Court Rules on Brexit

On November 3rd, Britain’s High Court ruled that before the country can leave the European Union, Prime Minister Theresa May must first get approval from Parliament before the process can begin. The Prime Minister had...more

One Step Back, One Step Forward: New Debt-Equity Regulations Narrow Their Focus on Earnings Stripping

Seyfarth Synopsis: On October 13, 2016 the IRS and Treasury Department published over 500 pages of final and temporary regulations under Code Section 385 (the “Final Regulations”). Drafted to curtail tax benefits accrued by...more

CFTC Cross-Border Regulatory Update: New Proposal on Cross-Border Swap Transactions and Other Developments

On October 11, 2016, the Commodity Futures Trading Commission (“CFTC”) unanimously approved a proposed rule on the Cross-Border Application of the Registration Thresholds and External Business Conduct Standards Applicable to...more

The Basics of International Privacy Law for Commercial Litigators, Part 3: Cross-Border Discovery Issues

As explained in Part I and Part II of this series, U.S.-based commercial litigators should be aware that other countries’ privacy laws may affect their cases in unexpected ways. Perhaps the most likely stage for these issues...more

EU Retail News – October 2016

Can retailers find the perfect mix? Retailers are increasingly under pressure to evaluate their business models and, in particular, the mix of their in-store, online and mobile offerings. Just as there are few pure-play...more

"CFTC Proposes Rules to Count Cross-Border Swaps for Swap-Dealer Thresholds and Other Requirements"

The CFTC’s newly proposed rules on cross-border transactions address which swap activities affect swap-dealer thresholds and trigger transaction-level swap requirements. These are the latest in a series of CFTC rulemakings,...more

Asia-Pacific Data Flow

On October 19, the US Department of Commerce and the Personal Information Protection Commission of Japan announced their commitment to expand the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules (CBPR)...more

Orrick's Financial Industry Week In Review

Financial Industry Developments - CTFC Approves Proposed Rules Addressing Application of Certain CEA Regulations to Cross-Border Transactions - On October 11, 2016, the U.S. Commodity Futures Trading Commission...more

CTFC Approves Proposed Rules Addressing Application of Certain CEA Regulations to Cross-Border Transactions

On October 11, 2016, the U.S. Commodity Futures Trading Commission (“CFTC“) unanimously approved proposed rules relating to the application of certain swap provisions of the Commodity Exchange Act (CEA) and CTFC to...more

Financial Services Quarterly Report - Third Quarter 2016: The Shenzhen–Hong Kong Stock Connect

The official announcement of the launch of the long-awaited Shenzhen-Hong Kong Stock Connect was jointly made by the Securities and Futures Commission of Hong Kong (SFC) and the China Securities Regulatory Commission (CSRC)...more

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