Multinationals

Budget 2013-14: The Government targets multinationals to recover from the GFC - Baker & McKenzie

by Dixon Hearder, Amrit MacIntyre, John Walker | Baker & McKenzie Australia on 5/15/2013

The Treasurer has delivered the 2013-14 Budget. With the Treasurer noting that almost $170 billion has been wiped off tax receipts since the GFC, a series of measures increasing the tax burden of multinationals, foreign...more

Spring 2013 Eye on China Newsletter

by Mark Aiello, Andrew S. Baluch, Stephen Bent, James Ewing, Richard Florsheim, Robert Iseman, Robert Lee, Zhu Julie Lee, Song Lin, Chao Meng, Steven Rizzi, Selig Sacks, David W. Simon | Foley & Lardner LLP on 4/30/2013

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following...more

Bond Consent Solicitation Payments - Court of Appeal Upholds Judgment in Azevedo & Another v Imcopa

by Michael Doran, Kevin Heverin, Stephen Phillips | White & Case LLP on 4/24/2013

In summer 2012, two important judgments were handed down on cases relating to bond consent solicitations. Although the consent solicitation techniques proposed by the debtor companies in each case were markedly different, at...more

Independent Contractor or Employee: Are Independent Contractors the Best Solution for Multinational Organizations?

by Carson G. Burnham, Bonnie Pucket | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2013

Almost every organization expanding overseas needs a vehicle to explore the market before making the business decision to establish a legal entity, yet few legal vehicles are available for this preliminary measure. Most...more

Recent Development on Corporate Liability in U.S. Courts for Conduct Outside the United States

by Bob Loeb, James Stengel, Laurie Strauch Weiss | Orrick, Herrington & Sutcliffe LLP on 4/22/2013

This week the U.S. Supreme Court issued its much-awaited decision in Kiobel v. Royal Dutch Petroleum Co., which addressed the question of whether a federal court may recognize a cause of action under the Alien Tort Statute...more

Supreme Court Ruling Limits Extraterritorial Application Of Alien Tort Statute

by Joseph Mamounas, Rafael R. Ribeiro, Marty Steinberg | Bilzin Sumberg Baena Price & Axelrod LLP on 4/22/2013

U.S. companies with, or that were seeking to acquire, foreign operations often fretted over the possibility that plaintiffs in the foreign jurisdiction would seek to invoke the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350,...more

The Final Breaths of the Alien Tort Statute

by Philip Berkowitz, Michael G. Congiu, John Kloosterman, Morgan Julia Matson, Eric A. Savage | Littler on 4/22/2013

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more

AAO Finds USCIS Impermissibly Redefines Showing of Specialized Knowledge

by Roy Barquet | Foley & Lardner LLP on 4/10/2013

The Administrative Appeals Office of U.S. Citizenship & Immigration Services, otherwise known as the AAO, recently reversed a finding by U.S. Citizenship & Immigration Services (USCIS) that had denied approval of an L-1B...more

Supreme Court of India Denies Novartis Patent Application

by Amita Gopinath | Miller Canfield on 4/4/2013

In a landmark judgment delivered on April 1, 2013, the Supreme Court of India dismissed an appeal by Novartis AG, a Swiss pharmaceutical giant, to win patent protection in India for its cancer drug Glivec. The polarizing...more

Eased Sanctions Present New Opportunities and Risks

by Gregory Husisian, Christopher Swift | Foley & Lardner LLP on 4/2/2013

In last month’s newsletter, we discussed how developments in 2012 had considerably tightened sanctions against Iran, including through the first-ever application of sanctions to separately incorporated subsidiaries of U.S....more

Global HR Hot Topic - April 2013: Internal Investigations in Overseas Workplaces

by Donald C. Dowling, Jr. | White & Case LLP on 4/2/2013

Challenge: In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected...more

March 2013: Russia Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 3/27/2013

Jurisdictional conflicts between courts of different countries are an unavoidable consequence of developed global trade. This has led to an increase in multi-national forum shopping. Some Russian courts however, view the...more

India at the Crossroads

by A. Tracy Gomes | McDermott Will & Emery on 3/26/2013

India possesses a dynamic and growing economy—one its government portrays as business friendly—and actively encourages continued foreign direct investment. At the same time, aggressive transfer pricing enforcement, including...more

Tax Measures in 2013 UK Budget

by E.S. Kate Habershon, Katerina Heal | Morgan Lewis on 3/22/2013

UK government supports businesses, focusing on the UK's competitiveness while clamping down on tax avoidance and evasion. On 20 March, UK Chancellor of the Exchequer George Osborne released the UK's 2013 budget. The...more

Fifth Circuit Affirms Dismissal of International Trade Secret Dispute

by Jason Britt | Foley & Lardner LLP on 3/21/2013

Even as the Obama administration is announcing an effort to crack down on international trade secret theft, the Fifth Circuit has released a ruling reminding companies just how difficult it can be to go to court on their own...more

When The Multinational Meets The Private Family Business : 10 Key Issues For A Successful Negotiation Of An M & A Transaction...

by Stephen Lloyd | Dentons on 3/6/2013

The vast majority of business enterprises worldwide are “family run”, or purely private entities, where operational management and ownership reside in or are controlled by the same individuals. On the other hand,...more

Global HR Hot Topic - March 2013: Cross-Border Anti-Harassment Initiatives

by Donald C. Dowling, Jr. | White & Case LLP on 3/4/2013

Challenge: A “zero tolerance” stand against illegal workplace harassment is laudable in US domestic operations. But wildly differing harassment laws and standards abroad complicate an inflexible global approach to eradicating...more

Government Releases New Transfer Pricing Measures to Attack Multinationals

by Tamara Cardan, Philip Diviny | K&L Gates LLP on 2/21/2013

On 13 February 2013, the Federal Government introduced legislation into Parliament that will significantly broaden the circumstances in which Australia's transfer pricing rules may be applied. The legislation will come...more

Global HR Hot Topic - February 2013: Threshold Dismissal Circumstances Overseas: Good Cause, Economic Necessity, Employee Rank and...

by Donald C. Dowling, Jr. | White & Case LLP on 2/6/2013

Challenge: Multinationals facing overseas dismissals too often skip ahead to check local laws on pre-termination notice, severance pay and dismissal procedures. But often, threshold circumstances override these...more

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