Cross-Border

News & Analysis as of

Cross-Border Investigations Update - May 2015

In This Issue: - Recent Prosecutions and Settlements: FCPA Enforcement Trends and Developments: Recent U.S. Foreign Corrupt Practices Act enforcement trends include the growing importance of corporate...more

Traps for the Unwary: A Look at Employees and Benefits in M&A Transactions

Employees drive the success of a company. In fact, in some industries (technology, for example) talent acquisition can be a primary motivation for a transaction. From identifying the target’s key employees, to assessing the...more

The Multi-State Non-Compete Agreement “Drilled Down”

Our February article addressed the options available to the multi-state employer attempting to design its non-compete agreements within the “tangled mess” of the various state laws applicable to agreements for employees who...more

Tax Alert: IRS Untangles Section 163(L) in Cross-Border Hybrid Financing Transaction

“In terrorem” or anti-abuse provisions often receive a lack of judicial and administrative interpretation. Section 163(l) of the Code, enacted in 1997, is no exception, so that even now certain fundamental questions relating...more

It’s 10:00 PM Somewhere. Do You Know Where Your Data Is?

For American companies doing business abroad, it is time—past time, in fact—to consider how and where you are storing your data. If you answered “in the cloud,” you need to do some probing, stat. ...more

Chapter 15 Cross-Border Insolvency Means Comity and Cooperation; Not Necessarily Comedy and Concern

After taking the last train into the small Italian town of Vernazza, my travelling party soon came to realize that our booked inn had given away our rooms and that there were no available rooms in town and no more trains out....more

The Netherlands: Dutch authority signs LoI with authority Isle of Man

Last Wednesday, the director of Supervision Commission Isle of Man and the director of the Dutch Games of Chance Authority (“KSA”) have expressed their intention to join forces by signing a Letter of Intent (“LoI”)....more

Senn Interview, Part I – Investigations Under the FCPA

One of the things that I am questioned on is when to bring in outside counsel for a Foreign Corrupt Practices Act (FCPA) investigation or simply to take a look at an issue that may have raised a Red Flag but is not yet a FCPA...more

Sports, Media and Entertainment Intelligence - May 2015 (Global)

COPYRIGHT - Belgium: Even a world famous painter needs to respect copyright - It has been held that the well-known Belgian painter Luc Tuymans breached professional photographer Katrijn Van Giel's copyright through his...more

Orrick's Financial Industry Week in Review

SEC Proposes Rules to Require Disclosure Regarding the Relationship Between Executive Pay and Company Financial Performance - On April 29, the Securities and Exchange Commission published proposed rules that would...more

Can My U.S. Company Offer Online Second Opinions in China?

This post is the sixth in Foley’s blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the Chinese telemedicine market. As U.S. companies continue...more

SEC Proposes Title VII Regulatory Framework for Non-US Dealers Transacting in the United States

The U.S. Securities and Exchange Commission (the “SEC”) reproposed rules addressing the application of certain requirements under Title VII of the Dodd-Frank Act (the “Reproposal”) to non-U.S. persons dealing in...more

International Dealers and Issuers Offering Securities to Canadian Investors – New Developments in “Canadian Wrapper Exemptions”:...

On March 23, 2015, the British Columbia Securities Commission (BCSC) adopted BC Instrument 51-512 – Certain Private Placements (BCI 51-512), which provides certain disclosure exemptions in the case of securities offered to...more

Increased Activity Seen Under the California Transparency in Supply Chains Act Is Your Company Prepared?

In April 2015, the California Department of Justice began, for the first time, to send letters to companies regarding compliance with the California Transparency in Supply Chains Act. The Act, effective January 1, 2012,...more

U.S. Brand Holders Anticipating Business in Cuba Can and Should Protect Trademarks

As we noted in our Client Alert on December 18, 2014, President Obama has announced that he will take steps to ease regulations that have largely prevented U.S. companies from conducting business in Cuba for more than 50...more

Taking Care of Employees Assigned Abroad

This article is the third in a series addressing employer considerations when beginning or acquiring cross-border operations. So your company is expanding and, for the first time, you'll be sending key employees...more

Blog: The Trade Agreements Act and Sales of Medical Devices to the U.S. Government

Does your company sell medical devices to the U.S. Government, either directly or through a reseller or distributor? Are those devices or supplies manufactured at least partly in a country other than the U.S.? ...more

Data Privacy Challenges & Considerations for Cross-Border Ethics & Compliance Investigations

What investigators need to know—and do—to adhere to data privacy laws relating during ethics and compliance investigations. Investigations of potential misconduct can be taxing for any organization. But for...more

How to Conduct Internal Investigations Outside the United States

Think of a U.S.-headquartered multinational when it receives an allegation of serious misconduct at one of its overseas operations. Maybe the company whistleblower hotline just got a tip that a secretary in the Buenos Aires...more

Navigating Non-Competes When a Worldwide Presence Is the New Norm

Businesses that compete globally are once again reminded of the need to avoid overreaching when requiring employees to sign non-compete agreements. Earlier this year, the Court of Appeals for the Eighth Circuit affirmed a...more

The Financial Report - Volume 4, No. 7 • April 2015 (Global)

Discussion and Analysis - Last week, the Securities and Exchange Commission proposed to amend SEC Rule 15b9-1 under the Securities Exchange Act of 1934, which exempts certain broker-dealers from membership in a...more

Forced Heirship and International Estate Planning

Should you have the ability to choose who inherits your assets, and whether or not to disinherit certain family members? Or should your closest family members have a right to some of your property in the event of your death?...more

People matter: cultural challenges in cross border e-discovery

As U.S. litigators and U.S. courts begin to gain some level of comfort with advanced e-discovery practices, new challenges have emerged in the form of cross-border discovery. While most U.S. attorneys are aware that there are...more

In Cross-Border Contamination Case, Court Holds That CERCLA Displaces Federal Common Law Public Nuisance Claim

In yet another recent case involving the intersection of CERCLA and state law, the United States District Court for the Eastern District of Washington held that CERCLA legislatively displaced federal common law public...more

Like Cheese, Foreign Prenups Don’t Travel Well

It’s not uncommon for out-of-state attorneys to call California attorneys asking them to “just approve and sign a prenup.” The caller has drafted a premarital agreement in another state or country that he or she hopes will be...more

313 Results
|
View per page
Page: of 13

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×