License to travel: how regulation is benefiting business abroad
Aquila: M&A Looking Up in 2013; "The Negatives Are Built In"
The First Sale Doctrine Under Copyright Law Update - Kirtsaeng v. John Wiley & Sons
On June 29, the European Securities and Markets Authority (ESMA) published its final report (Report) on draft rules (both draft implementing technical standards (ITS) and draft regulatory technical standards (RTS)) relating...more
The Hague Convention could save time and expense on jurisdictional disputes and aims to streamline cross-border enforcement.
On 11 June, the Latvian presidency, on behalf of 27 of the 28 European Union (EU) member...more
Last month, I got to experience what I consider a career highlight: I was invited to speak on “Perfecting the Class Action” at Middle Temple. The spiel I gave would be familiar to readers here (it was a basic description of...more
In This Issue:
- Current Threat Environment
- Current Threat Environment - Strategic Importance
- Asian Data Privacy Regimes At-A-Glance
- Data Protection: Regional temp
On May 6, 2015, the European Commission (Commission) launched an antitrust sector inquiry into the e-commerce sector. This sector inquiry is part of the Commission’s broader Digital Single Market Strategy, which aims inter...more
Hybrid US/European restructurings can lead to unexpected commercial outcomes because of different practices in intercreditor agreements.
The US loan markets continue to attract European borrowers whenever US pricing...more
Discussion and Analysis -
Securities and investment advisory services offered through . . .
That phrase is ubiquitous among small and “independent” financial services firms, regularly appearing in 6-point or...more
In This Issue:
- European M&A Dos and Don’ts for Non-European Buyers
- Current Developments Prospects of a Trade Agreement Between the EU and Japan
- Noteworthy Deals Intel Buys German Chipmaker...more
E-commerce is at the top of the European Commission’s agenda, and recent developments suggest it will remain a priority. Several European Union member states have already taken an active interest in the issue.
In This Issue:
- NYSE Amends "Late Filer Rule"
- CFTC Responds to District Court's Remand Order on Certain Cross-Border Swaps Rules
- Delaware Chancery Court Addresses Proper Purpose for Inspection...more
Reports in 2013 about online business transactions across EU national borders revealed some disturbing facts. According to the 2013 Flash Eurobarometer reports (nos. 358 and 359, 2013), retailer and consumer attitudes...more
With more cross-border trade and foreign investments, businesses may find themselves in more disputes with counterparties before foreign courts or in international arbitration. Where a party chooses—or the parties’ contract...more
The recast Markets in Financial Instruments Directive (MiFID 2), along with its accompanying Regulation (MiFIR), were published in the Official Journal of the EU in June. The new legislation is currently expected to come into...more
In this issue:
- EU DEVELOPMENTS
- European Commission Launches Public Consultation on Proposals to
- Improve EU Merger Control
- ESMA Publishes Final Guidelines on Enforcement of Financial...more
US COMPETITION OVERVIEW -
As President Obama nears the midpoint of his second term, merger activity suffered a slight year-over-year dip but has still recovered moderately from the first years of the global economic...more
OVERVIEW OF M&A ACTIVITY -
The Cayman Islands experienced a significant increase in new company registrations in 2013 compared to 2012; 9,433 new companies were incorporated compared with 8,971 a year earlier. As of 31...more
I GENERAL INTRODUCTION TO THE LEGAL FRAMEWORK FOR M&A -
Since Cyprus’s accession to the EU, the legislation regulating M&A activity in Cyprus has been closely aligned with Europe-wide practices.
On July 8th 2014, the European Union’s Economic and Financial Affairs Council (ECOFIN) adopted an amendment to the Parent-Subsidiary Directive (PSD). This amendment is targeted at cross-border hybrid loans and aims to...more
After years of anticipation, the U.S. Commodity Futures Trading Commission in July 2013 issued more than 300 pages of “guidance” ostensibly to assist market participants in understanding the breadth of the extraterritorial...more
The great majority of private antitrust disputes are resolved through settlements. One of the key challenges for policymakers, practitioners, consumers and businesses is how to efficiently resolve cross-border price-fixing...more
Council of EU Publishes UK Issues Paper on MLD4 -
On November 24, the Council of the European Union published a note (dated November 8, 2013) from the Council Presidency to Council Delegations which includes a UK...more
The directive 2011/83/EU of 25 October 2011 relating to consumer rights (the "Directive") is to be implemented as of December 13, 2013 by Member States in national European jurisdictions, including French jurisdiction, and...more
Differing levels of consumer protection in the laws of the EU member states create barriers to cross-border trade, especially to Internet based distribution systems. These barriers affect likewise businesses and consumers....more
The National Bank of Ukraine (the "NBU") reported on 23 October 2013 that its letter demanding parties to cross-border loan agreements to forecast maximum floating interest rate increases is no longer relevant....more
With global forecasts for trade growth remaining well below the average of the past 20 years, the last article in our Business Across Borders series, written by the Economist Intelligence Unit, and launched today, examines...more
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