News & Analysis as of

Due Diligence Jurisdiction

Torres Trade Law, PLLC

Forced Labor Due Diligence and Annual Reporting Requirements: Is Your Company in Compliance in Your Jurisdiction?

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The use of forced labor, child labor, or modern slavery practices (collectively “forced labor”) in supply chains is not a new problem in the international trade world; however, many companies remain unaware of forced labor...more

Strafford

[Webinar] Drafting Asset Purchase Agreements: Reps, Warranties, Covenants, Conditions, Indemnity, and Other Provisions - July...

Strafford on

This CLE course will guide deal counsel in drafting and negotiating asset purchase agreements. The panel will discuss legal considerations when negotiating representations and warranties, indemnities, covenants, closing...more

NAVEX

Supply Chain Regulations and Exposure – How to Manage Third-Party Risk and Beyond

NAVEX on

If the term “nth supplier” joined your vocabulary recently, you’re not alone. If you haven’t heard the term until now, don’t worry – you’ll be hearing it frequently soon enough. The “nth” supplier is the mythical last...more

Cadwalader, Wickersham & Taft LLP

Teaming Up for Term Loans February 2024 - Luxembourg and the Cayman Islands: A Comparative Analysis of Two Leading Fund Finance...

Luxembourg and the Cayman Islands are two of the world’s leading fund formation jurisdictions, and account for a large portion of the private equity funds domicile market. Most private equity fund structures are comprised of...more

Walkers

Removal of the Cayman Islands from the EU AML List and UK AML List

Walkers on

Following the removal of the Cayman Islands from the Financial Action Task Force's list of "jurisdictions under increased monitoring" in October 2023, on 12 December 2023, the European Commission adopted the Commission...more

White & Case LLP

"Taking the Keys": Six things to consider for credit investors contemplating share pledge enforcement

White & Case LLP on

Rises in energy costs, disruption to global supply chains, the situation in Ukraine, soaring inflation and higher interest rates are pushing several major European economies towards recession. Borrowers and issuers in the...more

Seward & Kissel LLP

Importance of Timely Sanctions Screening and Due Diligence

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The United States sanctions regime is a complex and ever-changing regulatory space. The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) maintains sanctions lists which are updated in real-time—not on...more

Jenner & Block

Recent Developments in Bankruptcy Law Update - July 2022

Jenner & Block on

Covered Activities - 1.1.a Order granting counterclaim declaring validity of mortgage on the debtor’s property does not violate the stay. The debtor acquired property subject to a disputed mortgage. The debtor brought a...more

Foley & Lardner LLP

Privacy and Data Security Considerations in M&A Transactions

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When entering into any merger or acquisition (both a stock deal and an asset deal), there are numerous privacy and data security issues that must be evaluated and addressed from the beginning. Most companies in today’s online...more

BCLP

Increased certainty concerning the UK’s National Security & Investment Act transaction screening regime

BCLP on

November has seen a number of developments in preparation for full implementation on 4 January 2022 of the UK’s new investment screening regime, the National Security & Investment Act. The Government has updated and...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Connecticut Extends Deadlines to Comply with Insurance Data Security Law, New York Approved as a Safe Harbor Jurisdiction

We previously reported that the Connecticut Insurance Department had issued Bulletin IC-42 to all licensees, providing guidance for compliance with the State's Insurance Data Security Law (the Act). However, in light of the...more

Vinson & Elkins LLP

A Multinational Maze: Navigating Human Rights Regimes Across Multiple Jurisdictions

Vinson & Elkins LLP on

Human rights are increasingly the subject of a range of requirements under both “hard” law — such as the mandatory obligations promulgated by governments regarding conflict mineral restrictions, forced labor prohibitions, and...more

BCLP

Assessing Slavery and Human Trafficking Risks

BCLP on

The Modern Slavery Act (“MSA”) was introduced in the United Kingdom in October 2015 introducing criminal offences of slavery, servitude, forced or compulsory labour and human trafficking. However, its most profound impact has...more

Benesch

M&A Pitfalls in the Cannabis Industry

Benesch on

M&A is nothing new to the cannabis sector. The industry has experienced substantial consolidation activity to date and this trend will only increase in the months and years to come. However, if cannabis companies looking to...more

BCLP

Losing Both Ways: Debtor Diligence in the Identification of Claims

BCLP on

Two recent cases serve as reminders the devil is truly in the details. As to the front-end risks associated with an early § 363(f) sale, in In re Motors Liquidation Company (the “GM” case) we have seen a $10 billion reminder...more

Dorsey & Whitney LLP

Hong Kong Securities Laws Violations: SFC’s Case Against Moody’s – Part 2

Dorsey & Whitney LLP on

On March 31, 2016, the Securities and Futures Appeals Tribunal (“SFAT”) upheld the disciplinary action of the SFC against Moody’s. This landmark decision is the first of its kind, as a disciplinary action brought by the...more

Locke Lord LLP

FinCEN Issues Advisory on FATF-Identified Jurisdictions with AML/CFT Deficiencies

Locke Lord LLP on

On March 21, 2016, the Financial Crimes Enforcement Network (FinCEN) issued an Advisory (FIN-2016-A002) on the Financial Action Task Force (FATF)-identified jurisdictions with strategic deficiencies in anti-money laundering...more

Latham & Watkins LLP

DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A Transactions

Latham & Watkins LLP on

FCPA Opinion Release provides insight into the jurisdictional reach of the FCPA and the level of due diligence the DOJ expects. On November 7, 2014, the US Department of Justice (DOJ) issued its second and final...more

Morrison & Foerster LLP

DOJ’s Second Opinion Release of 2014: Is DOJ Evolving Away from the Halliburton Opinion Standard?

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The Department of Justice (“DOJ” or the “Department”) just issued its most recent FCPA Opinion Release, only the second in 2014. The Requestor, a publicly traded U.S. consumer products company, sought an opinion as to whether...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Anti-Corruption Due Diligence in Corporate Transactions: Implementing a Risk-Based Approach"

Anti-corruption issues continue to present significant risks in acquisition and investment transactions because regulators continue robust enforcement in this area and emerging markets often present the greatest economic...more

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