Cross-Border

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The Mergers & Acquisitions Review: Eighth Edition: Chapter 17 - Cyprus

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. Prior to...more

Corporate and Financial Weekly Digest - Volume IX, Issue 36

In this issue: - Bylaw of Delaware Corporation Providing for Exclusive Forum in North Carolina Upheld - FINRA Board to Consider Rule Proposals Regarding Private Trading Platforms - CBOE and C2 in...more

Federation of State Medical Boards Releases Interstate Licensure Compact

As previously reported by the team from ML Strategies, one of the many telehealth developments to watch this year has been the Federation of State Medical Board’s (FSMB) Interstate Licensure Compact. On September 5, the...more

Adoption of a new European legal framework applicable to cross-border electronic identification and e-signatures

The European Parliament and the Council adopted on 23 July 2014 a regulation on electronic identification and trust services for electronic transactions in the Internal Market (the "Regulation"). Before that, the Directive on...more

Is Interstate Physician Licensing on the Horizon?

Physician licensing is, and always has been, a matter for the states. But ease of travel from one state to another has long placed a strain on that approach, as physicians and patients alike move easily from one state to...more

Anti-counterfeiting: securing borders

How customs can help you in your battle against fake goods - Smuggling is a common theme in popular literature and films, inspiring clandestine plots and romantic nostalgia. In reality, smuggling fake goods takes a...more

Where in the World is Ediscovery?

“Where in the world is Carmen Sandiego?” That was the question for thousands of kids in the 80’s and 90’s as they searched the digital globe for the sneakiest villains in the computer game industry. Their goal was to...more

The State Department’s Direct Line Program: A Tool to Help You Expand Into New Markets

I recently came across yet another free service provided by the Government that will be helpful to business owners expanding overseas. The program is called “Direct Link” and is administered by the Department’s Bureau of...more

Global HR Hot Topic—August 2014: How to Launch an International HR Policy, Code of Conduct or Benefits Plan

In this era of internationally aligned business operations, multinationals roll out cross-border human resources policies, global codes of conduct and international benefits offerings. But launching these cross-border...more

Federal Appeals Court Says Dodd-Frank Does Not Protect Overseas Whistleblowers

The U.S. Court of Appeals for the Second Circuit has ruled that the Dodd-Frank Act does not protect whistleblowers outside the United States. In Liu Meng Lin v. Siemens AG, Case No. 13-4385-cv (2nd Cir. August 14,...more

Cross-Border Mergers: A Matter of Interpretation

The Companies Court has considered whether it is necessary for shares or other securities to be transferred between group companies as consideration for cross-border mergers in the recent landmark case of Re Olympus UK Ltd...more

Planning for Disputes in Cross-Border Private Equity Deals: Managing Risk (and Getting Some Benefits) with International...

Planning for future disputes is essential to managing the risk of any transaction — but it is ever more so for private equity managers, who are increasingly investing in foreign assets and in industries exposed to sovereign...more

The risk of self-incrimination in cross-border disputes: The Mutual Legal Assistance in Criminal Matters Act (527)

In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more

So Much for Bright-Line Tests on Extraterritorial Reach of U.S. Securities Laws?

In its landmark 2010 decision in Morrison v. National Australia Bank, the Supreme Court articulated what seemed to be a bright-line test for determining the extent to which the U.S. securities laws apply to transactions with...more

China Business Series: Repatriation of Funds out of China

China imposes controls on the inflow and outflow of foreign exchange. Given the involvement of State Administration of Foreign Exchange and various other governmental agencies in the process, repatriating funds from China can...more

FinCEN Enhances Oversight Of Cross-Border Cash Movement

On August 1, FinCEN and its Mexican counterpart announced a series of reporting initiatives designed to improve the transparency of cross-border cash movements. To address U.S. and Mexican law enforcement’s concerns about...more

Manufacturing: Making It Globally - A study by DLA Piper’s Manufacturing Group

Manufacturing is at the core of the UK economy. Despite mixed performance over the past two decades, UK manufacturing is currently strong and growing both in productivity and profitability. Today, over 2.6 million people in...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Summer 2014 - The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Summer 2014 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more

SEC Adopts Certain Final Rules Relating to Cross-Border Security-Based Swap Activities

The U.S. Securities and Exchange Commission (SEC) adopted its final rules on the definition of the term “U.S. person” solely for purposes of certain aspects of cross-border security-based swap activities (Final Rules) on July...more

Southern District of New York Holds in Madoff That the Bankruptcy Code Cannot Be Used to Recover Extraterritorial Transfers

Dealing a major blow to the trustee’s efforts to recover fraudulent transfers on behalf of the bankruptcy estate of the company run by Bernard Madoff, Judge Jed S. Rakoff of the United States District Court for the Southern...more

Current trends in the risk of self-incrimination in cross-border disputes

Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour...more

Are You Selling Or Downsizing A U.S. Business? Plant Closing Liability Relief May Be Coming

A long overlooked and long unenforced provision of ERISA sometimes referred to as the “plant closing rule” has caused a stir in recent years as the U.S. Pension Benefit Guaranty Corporation (PBGC) began aggressively pursuing...more

EU Adopts a Parent-Subsidiary Directive Amendment on Hybrid Loans

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

A Study Analysis and Recommendations on Approaches to First U.S. Acquisitions by Non-U.S. Companies: How Chinese Companies May...

Recently, as the pace of “going global” speeds up, a large amount of Chinese companies have participated in M&A, control investments and substantial minority investments in businesses and properties located outside of China....more

Cahiers de droit fiscal international: Ukraine Cross-border outsourcing - issues, strategies and solutions

Summary and conclusions - Ukraine is experiencing the fast development of outsourcing industry due primarily to IT outsourcing. This is supported by tax incentives introduced for the IT sector. Ukrainian tax...more

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