News & Analysis as of

China Regulatory Enforcement Quarterly - Q3 2015

On August 12, a series of explosions in the northern port-city of Tianjin killed over one hundred people and injured hundreds of others. The explosions were allegedly caused by hazardous chemical materials in shipping...more

Avoiding Non-Enforcement of Non-Competes

The use of non-competition agreements to protect a company’s relationships and sensitive information is a relatively common practice. What can be less common, however, is careful use of non-competition agreements, with the...more

An Easing of Brazil’s Restrictive Labor Laws? Only Time Will Tell

Brazil’s troubled economy has been making global headlines for the past few months. After five years of growth, understood now to have largely been fueled by China’s seemingly insatiable hunger for commodities, the economy...more

Proposed US and EU Trade Secrets Laws Progress but Unlikely to be Enacted This Year

There’s no doubt that protection of trade secrets is a major concern for most businesses operating in today’s global economy. As we have previously discussed, a few years ago and PwC US released a report that...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

Managing The Changing Tax Landscape: The OECD’s BEPS Recommendations Will Impact Every Multinational

The global climate for international tax is rapidly changing. The OECD, the EU and tax authorities around the world have focused attention on tax planning implemented by leading multinational companies. The OECD believes that...more

The EC Challenge on Tax Rulings. Why it’s Important that Your Business Acts Now in Relation to EU Challenges to Tax Rulings

21 October 2015: Following state aid investigations, the European Commission has ordered Luxembourg and the Netherlands to recover unpaid taxes of €20-30m from each of Fiat and Starbucks. The Commission has confirmed that...more

A Holistic Approach to Third-Party Risk & Due Diligence

The following interview is with Leas Bachatene, CEO at ethiXbase. Hi Leas, thank you for participating in today’s Q and A. I have really enjoyed working with the ethiXbase team, including on our recent White Paper and...more

Reducing Counterfeits in Legitimate Supply Chains

In 2012, FBI agents entered the home of Rudy Kurniawan and found inside everything needed to produce counterfeit wine: corks, dozens of empty bottles and 18,000 labels of the world’s rarest wines. For years, Kurniawan ran a...more

Alert: Still Not Safe: The Global Impact of Safe Harbor Ruling

It's been over two weeks since the European Court of Justice (CJEU) sent shock waves through the almost 4,500 companies that had previously relied on the US-EU Safe Harbor framework. Read more about the ruling itself here....more

OECD Publishes Final BEPS Project Reports

A focus on hybrid arrangements, interest deductions, treaty abuse and permanent establishment structures. On 5 October 2015, the OECD published its highly anticipated final reports in relation to Base Erosion and Profit...more

EU Prohibits "Fiscal Aid"

The European Commission has ruled that two decisions made by national tax authorities artificially reduced the tax burden on the companies involved. ...more

Latest Developments in Corruption Enforcement in China

The past quarter has been an active one for Chinese government enforcement activities, and the year ahead promises more of the same. Recent developments include: the strengthening of Chinese bribery laws, increased action...more

No Safe Harbour? Immediate Implications for Employers

A landmark decision of the European Court of Justice (ECJ) has held that companies may no longer rely on “Safe Harbour” to justify transferring personal data from the European Union to the US, because the US Government has a...more

Standing of Petrobras Opt-Out Plaintiffs Challenged

A recent motion to dismiss filed by the defendants in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation challenges the standing of several institutional opt-out plaintiffs. ...more

Important Decision On Applicable Data Protection Law

After the controversial Google Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

Why Mitigation Should Be a Dirty Word: The Implications of a Compliance Industry Evolving Away From Risk and Towards Strategy

It used to be a compliance officer’s primary job could be boiled down to two words: risk mitigation. This was true of General Counsels, Chief Compliance Officers, Chief Legal Officers, and other C-level leaders....more

Tax Policy Update

After Majority Leader Kevin McCarthy’s dramatic exit from the race last week, the House GOP conference is taking the week-long Columbus Day recess to do a bit of soul searching and reflect on the future of a party left in...more

New Ground-Breaking CJEU Decision On Applicable Data Protection Law

After the controversial Google vs. Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

[Webinar] India Insights Series: Part 1 - Taking Stock of the Indo-US Partnership - October 21st, 9:00am EDT

The increasing convergence of economic and political interests of India and the US is evident in the growing proximity between the two countries. Return of the US to pre-recession growth levels is mirrored by India’s...more

"MOFCOM Cracking Down on Failures to Notify Qualifying Mergers, Acquisitions and Joint Ventures"

China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change...more

Transfer of Employees’ Personal Data from Germany to the United States under German Data Privacy Law

Following the ECJ’s decision in the “Schrems” case which has invalidated the Safe Harbor framework multinational corporations may now face profound privacy law related compliance issues in a multitude of jurisdictions. In the...more

The Challenge of Hiring Anti-Bribery Compliance Leaders

A few weeks ago I had the pleasure of meeting Maurice Gilbert, Managing Partner of Conselium Executive Search in Dallas. I have been a contributor to his other organization, Corporate Compliance Insights for quite some time,...more

No Safe Harbor for EU-U.S. Data Transfers

In a landmark decision with immediate repercussions for both American and European companies, Europe’s highest court, the Court of Justice of the European Union (CJEU), ruled that the EU-U.S. Safe Harbor framework enabling...more

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational...

In a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday...more

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