Cross-Border

News & Analysis as of

The Long and Winding Road of Arbitration in India - Examining 20 Years of the Indian Arbitration and Conciliation Act of 1996

India cannot sustain its quest for global credibility and endeavor to be an attractive destination for foreign investment if it is believed to be an unreliable venue for enforcing foreign arbitration awards. Many...more

Court of Appeal of Alberta Allows Sharing Self-Incriminating Evidence Given in Securities Proceedings with Foreign Authorities

For many years, there has been a growing concern in Alberta and elsewhere as to what might happen when the subject of a compelled examination under Alberta securities law faces potential scrutiny in other jurisdictions; can...more

Our 2016 Resolutions for eDiscovery, Part 1

As we welcome the new year, it’s time for many of us to make resolutions. After consulting our crystal ball, here are our suggestions for ways to handle the new normal counsel will face in 2016....more

Developments relating to Category 3 Offerings under Regulation S

One of the more vexing problems under Securities and Exchange Commission (SEC or the Commission) Regulation S involves its application to U.S. companies desiring to go public outside the United States. As is well known,...more

EU Directive On Cybersecurity Agreed

On 18 December 2015, the agreed text of the Network and Information Security Directive (the NIS Directive) was released. With cybersecurity firmly established as a key business risk, the introduction of specific laws in this...more

The EU General Data Protection Regulation – Europe Adopts Single Set of Privacy Rules

On December 15, 2015, following four years of close, sometimes contentious, review, the EU institutions agreed upon the text of the General Data Protection Regulation (the “GDPR”). One of the most important EU legislative...more

Commission publishes green paper on retail financial services

The Commission has published a Green Paper seeking views on how to improve choice, transparency and competition in retail financial services to the benefit of European consumers and how to facilitate true cross-border supply...more

Q&A on the proposed regulation on cross-border portability of content and its application to your company

The EC has presented its proposal and draft regulation on ensuring the cross-border portability of online content services in the EU. This briefing note contains: (i) a detailed Q&A on material detail contained in the...more

John Lennon and Communicating Across Cultural Boundaries

Yesterday was the 35th anniversary of the death of John Lennon. I was tempted to write this was truly the day the music died but even as I considered it I realized that Lennon’s music no more died on this date in 1980 than...more

Debt Collection in Ohio by Unregistered Foreign Entity

If you are a business owner who is seeking to collect upon a debt in another state in which your business is not registered, the answer may be as simple as filing a civil suit in the state in which the debt was created! At...more

SEC Announces Katherine Martin as Associate Director in Office of International Affairs

On November 30, the SEC named Katherine Martin as Associate Director in its Office of International Affairs. In her new role, Martin will “oversee the development of the SEC’s policy on cross-border regulatory matters,...more

Financial Entity Update: CFTC’s Proposed Margin Rules for Uncleared Swaps – Cross-Border Matrix

The CFTC issued its proposed framework for applying its CFTC Margin Rules to cross-border activities on June 29, 2015 (CFTC Cross-Border Proposal). The CFTC Cross-Border Proposal contains a limited exclusion from the CFTC...more

EBA consults on draft liquidity RTS

EBA is consulting on draft Regulatory Technical Standards (RTS) related to liquidity requirements for cross-border intragroup financial support under stress conditions. These RTS specify the additional objective criteria for...more

EIOPA consults on PEPP

EIOPA has published a survey on the attractiveness of a standardised PEPP. Following previous consultation (see FReD 10 July), EIOPA is seeking further input on what would make the market attractive for providers to offer...more

EBA consults on qualifying holdings information exchange

EBA has launched a consultation on its draft Implementing Technical Standards (ITS) on the procedures, forms and templates that competent authorities in the EU should use when consulting each other on acquisitions and...more

ODRG reports on cross-border implementation

ESMA has published the OTC Derivatives Regulators Group (ODRG) report updating G20 on further progress in identifying and resolving OTC derivatives cross-border implementation issues....more

The globe-trotter's guide to merger control: How to avoid falling into traps

Having a sound knowledge of the intricacies of merger control regimes and thresholds is essential when guiding a complex crossborder M&A deal over regulatory hurdles to successful completion. With global cross-border M&A...more

Deportee Subject to Personal Jurisdiction Under California’s Long-Arm Statute

In Buchanan v. Soto (Filed 11/6/2015, No. D065652), the Court of Appeal, Fourth District, held that a deportee who held an interest in real property within the State of California was subject to personal jurisdiction in...more

Final Trans-Pacific Partnership Text is Released

Yesterday, the U.S. Trade Representative’s office published the full text of the Trans-Pacific Partnership setting up intense discussions in Congress about the agreement’s provisions on intellectual property, agriculture,...more

Cross Border Financing Report 2015, UK

Section 1 – Bank licences - 1.1 What licences or approvals do lenders need to have if lending to a borrower in this jurisdiction if a) the lender is a bank or b) the lender is a not a bank? No licences or approvals...more

Cross Border Financing Report 2015, Hong Kong

Section 1 – Bank licences - 1.1 What licences or approvals do lenders need to have if lending to a borrower in this jurisdiction if a) the lender is a bank or b) the lender is not a bank? Under the Money Lenders...more

Will There Be an APAC Safe Harbor?

On October 5, while the European Union’s highest court was busy striking down its Safe Harbor permitting the cross-border transfer of personally identifiable information, 12 countries reached a consensus on data transfers...more

Cross-Border Investigations Update - November 2015

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of...more

"Prudential Regulators Finalize Margin Requirements for Non-Cleared Swaps"

Federal banking regulators (Prudential Regulators) have finalized much-anticipated rules (Final Rules) relating to initial and variation margin requirements for certain swaps and security-based swaps that are not centrally...more

Australian Tax Update - October 2015

The Chevron decision provides critically important guidance on both the 'old' (Division 13) and 'new' (Subdivision 815-A) transfer pricing laws in Australia. While not dealing specifically with Subdivisions 815-B to D, the...more

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