News & Analysis as of

Back to School: A Primer on Cross-Border Discovery Issues

In September, the Sedona Conference released its latest publication on e-discovery matters, Practical In-House Approaches for Cross-Border Discovery & Data Protection, for public comment. The publication addresses a number of...more

New Opportunities in Cross-Border Special Situations Lending

Recent changes in cross-border leveraged loan documentation requirements open up new possibilities for both borrowers and lenders. Cross-border leveraged loan documentation has become increasingly permissive with respect...more

Intellectual Property Bulletin - Summer 2015

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more

EU–US Safe Harbor About to be Struck Down?

Thousands of U.S. and European companies who rely on the EU–US Safe Harbor Framework to permit the transfer of personal data from the EU to the U.S., have come a step closer to seeing the transfer mechanism struck down....more

Hungary opens doors to BCRs

From the 1st of October 2015, a change in law will allow Hungary to accept Binding Corporate Rules (BCRs) as providing an adequate level of protection for cross-border transfers. This is a very welcome change from the...more

Hong Kong Competition Commission Consults on Draft Cartel Leniency Policy

On September 23, 2015, the Hong Kong Competition Commission (the Commission) released a draft leniency policy for undertakings engaged in cartel conduct (the Policy) for public consultation. Feedback is invited by the...more

Orrick's Financial Industry Week in Review

CFTC Announces Proposal to Amend the Definition of "Material Terms" - On September 10, the U.S. Commodity Futures Trading Commission Division announced that it will publish in the Federal Register a proposed amendment to...more

Changes to Japan’s Personal Information Protection Act

Japan’s National Diet passed a bill earlier this month amending PIPA to strengthen the data protection regime and creating (with effect from 1 January 2016) a central regulator with enforcement powers. Most of the other...more

Nuovo Regolamento UE sulle procedure d’insolvenza

Il Regolamento si pone l’obiettivo di rendere più efficienti le regole sulle insolvenze transfrontaliere, trovare il giusto equilibrio nella protezione sia dei debitori che dei creditori e privilegiare il risanamento delle...more

Orrick's Derivatives in Review - September 2015

District Court Holds that Assignee is Not Entitled to Safe Harbor Protections - On May 28, 2015, the United States District Court for the Central District of California affirmed a bankruptcy court order finding that a...more

Dutch Tax Plan 2016

Today, the Dutch Ministry of Finance published its Tax Plan 2016. In fact, the government sent six separate Bills to Parliament (one on 11 September and the other five on 15 September). Hereinafter we will refer to these six...more

In India, Big 4 and Elite Law Firms in Direct Competition for Highly Lucrative Advisory Work

Lawyers may have a monopoly over the practice of law, but what exactly does the practice of law encompass? In most common law jurisdictions, the term is not even defined. And there's likely a self-interested reason why. ...more

New Amendments to Japanese Privacy Law

Act on the Protection of Personal Information (the "APPI"), which was enacted in 2003 and which went into full effect in 2005, has not been amended since. Over the following decade, the advent of "big data" and the...more

A Survival Kit for Cross-Border Discovery

“One thorn of experience is worth a whole wilderness of warning.” This quote, from Fireside Poet and literary critic James Russell Lowell, described Shakespeare, but it applies equally to the practice of cross-border...more

WCRR: EU Audiovisual Media Services Directive Open for Debate

The European Commission launched July 6 a public consultation on the Audiovisual Media Services Directive 2010/13/EU ("AVMSD"), entitled "A media framework for the 21st century," paving the way towards a single European...more

Cloud Computing in Hong Kong

The Hong Kong Privacy Commissioner for Personal Data ("PCPD") recently published an information leaflet outlining the application of the Personal Data (Privacy) Ordinance (the "PDPO") for data users looking to engage cloud...more

Pardon the “Intrusion” – Cybersecurity Worries Scuttle Wassenaar Changes

Companies concerned about their cybersecurity posture can breathe a small sigh of relief, as the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently announced it was scrapping plans to implement new...more

International Custody in Relation to the Kelly Rutherford Custody Trial

International custody has come to the forefront recently with the custody battle raging between United States actress Kelly Rutherford and her ex-husband, German businessman, Daniel Girsch, over the physical custody of their...more

Judges Examine Key Differences between U.S. and European E-Discovery

Exterro’s inFusion `15 user conference kicked off with a fascinating keynote on the differences between e-discovery laws in the U.S. and Europe. What made the discussion so interesting was that it featured two judges with a...more

Pensions News - July 2015

Welcome to DLA Piper’s Pensions News publication in which we report on developments in pension legislation, guidance and case law, as well as keeping you up to speed on what to look out for in the coming months. This...more

Cross-border infrastructure and presidential permits

A recent report casts doubt on whether proposed federal legislation would actually accelerate decisions on the siting of cross-border energy infrastructure. Cross-border pipelines and electric transmission lines play an...more

What U.S. Multinational Employers Need to Know about Background Checks

Employers often run background checks on their applicants and employees in order to protect the workplace and to assemble a good and trustworthy workforce. For U.S.-based employers with operations overseas, the legal...more

European Competition Law Newsletter – August 2015

Continuing an EU-wide trend, yet another trade association has been fined in the UK for cartel activities. This time it was a medical professionals’ association. The message is clear; trade associations of all types need to...more

SEC Adopts Final Pay Ratio Rules

On August 5, 2015, the Securities and Exchange Commission (SEC) voted 3-2 to approve its controversial pay ratio rules. The rules were adopted pursuant to the mandate of Section 953(b)(1) of the Dodd-Frank Wall Street Reform...more

Around the (E-Discovery) APAC World in 80 Seconds

Although the Asia-Pacific (APAC) region is generally light on rules governing e-discovery, it transforms into a heavyweight contender when U.S. litigants must collect and review data there. With an accelerated rate of...more

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