News & Analysis as of

Cross-Border Transactions China

Cross Border Investigations Update - July 2017

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including the new Criminal Finances Act 2017, increased regulatory scrutiny of Chinese companies...more

EU Overview in Public Competition Enforcement Review

by WilmerHale on

In the reports from around the world collected in this volume, we continue to see a good deal of international overlap among the issues and industries attracting government enforcement attention. We also see evolution and...more

CFIUS and Real Estate - Renewed focus on national security concerns surrounding foreign acquisitions of U.S. real estate

The expanding influx of foreign investments in U.S. real estate has drawn the attention of three key U.S. Senators amid national security concerns. Senators Ron Wyden (D-OR), ranking member of the Senate Finance Committee;...more

Trump Administration Highlights Limitations of CFIUS Process

In separate public statements last week, two Trump administration cabinet secretaries expressed concerns with the national security review process of the Committee on Foreign Investment in the United States (CFIUS). They also...more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

The Continuing Rise of Chinese Investment in Latin America - Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more

A New Chinese National Intelligence Law Is On Its Way

by Jones Day on

The Standing Committee of the National People's Congress ("SCNPC"), the legislative body of the People's Republic of China ("PRC" or "China"), released a first draft of the National Intelligence Law ("Draft") on May 16, 2017....more

Changes in insurance regulation: China / Hong Kong / Singapore / Indonesia / Vietnam

by Hogan Lovells on

Please find our Asia insurance regulatory tracker for the first quarter of 2017. It includes updates on the new independent insurance regulator for Hong Kong (which will assume its functions on 26 June), new rules on...more

The Fate of Chinese Investment and CFIUS in the Time of Trump

by Garvey Schubert Barer on

Over the last few years the pace of Chinese direct investment in the U.S. has increased at a remarkable rate. In 2016 the $45 billion of Chinese acquisition and expansion in the U.S. was three times the amount in the...more

A Primer on China’s New Cybersecurity Law: Privacy, Cross-Border Transfer Requirements, and Data Localization

China’s new Cybersecurity Law is one of the most important pieces of privacy and cybersecurity legislation we’ll see this year, and companies of all sizes need to be aware of its requirements – regardless of whether or not...more

China's New Cybersecurity Law and Draft Data Localization Measures Expected to Burden Multinational Companies

by Jones Day on

China's new Cybersecurity Law ("new Law") is set to come into effect on June 1, 2017, and introduces sweeping provisions that may have a significant impact on companies doing business in and with China. To provide guidance on...more

China: CIRC Publishes Final Requirements for Collateral in Cross-border Reinsurance Transactions

by Hogan Lovells on

On 9 August 2016, the China Insurance Regulatory Commission (“CIRC“) issued the Notice on Matters Relating to Collateral Provided by Offshore Reinsurers (Draft) (the “Draft Notice“) for public consultation. On 13 March 2017,...more

Governance & Securities Law Focus: Asia Edition, May 2017

by Shearman & Sterling LLP on

In this newsletter, we provide a snapshot of the principal Asian, US, European and selected international governance and securities law developments of interest to Asian corporates and financial institutions. Please see...more

China Capital Controls: Best Practices for Accelerating International Payments

Following the depreciation of Chinese currency RMB and the reduction in China’s foreign exchange reserves, foreign companies and individuals in China have met hurdles in moving their money out of China, and overseas companies...more

New PBOC Circular potentially raises the overseas borrowing ceiling for borrowers in China: but is it a game changer?

by Hogan Lovells on

On 11 January 2017, the People's Bank of China ("PBOC"), China's central bank, issued the People's Bank of China Circular on Matters relating to the Full Bore Macroprudential Administration of Cross-Border Financings ("New...more

Congress Considering CFIUS Reforms to Combat China’s Increased Investment in the U.S.

Recent articles in the Wall Street Journal and the Washington Examiner indicate that Senate leaders from both parties are working to craft legislation that would reform the Committee on Foreign Investment in the United States...more

The flood of inbound M&A and outlook for 2017

by Dentons on

Despite its political turbulence, 2016 was a blockbuster year for inbound mergers and acquisitions in the US. According to Bloomberg, US inbound M&A hit an all-time peak of $586.7 billion, a 35.15 percent hike from 2015. In...more

CFIUS: Recent Developments and Trends

by White & Case LLP on

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

"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

"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

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

by Foley & Lardner LLP on

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

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

by Perkins Coie on

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

International Trade Litigation and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

Globalization and the need to efficiently deploy corporate resources have led many multinational companies to establish global supply networks. Although these efforts often lead to the efficient deployment of capital,...more

The Shenzhen–Hong Kong Stock Connect

by Dechert LLP on

The Securities and Futures Commission of Hong Kong (SFC) and the China Securities Regulatory Commission (CSRC) issued a joint announcement on 25 November 2016 approving the launch of the long-awaited Shenzhen-Hong Kong Stock...more

What Does the Promised Trade War Mean for Companies?

by Perkins Coie on

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

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