A joint venture can create layers and layers of risk for compliance officers. It is always good to start from the inside and work your way out.
If your joint venture partner is a state-owned enterprise, or even more...more
My recent CFIUS post explained the basic legislative scheme and review process of the Foreign Investment in National Security Act (“FINSA”), which gives the President of the United States, acting upon the recommendation of...more
The Chinese economy has changed dramatically in the past two, five, and even 20 years, but its intellectual property (IP) laws have only very recently developed to somewhat better deal with the new reality. The new Chinese...more
On December 6, 2013, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued its decision in Sachs v. Republic of Austria, a case presenting important questions concerning the types of commercial activities...more
A constitutional reform approved by Mexico's Senate and House of Representatives will transform the country's energy sector, pending expected approval by the majority of state congresses.
Mexican Senate presents comprehensive Energy Reform Bill to the House of Representatives with tremendous potential for domestic and foreign energy companies.
In an encouraging move toward energy reform, the Mexican...more
1. What are the driving factors for increasing renewable energy production in India?
India’s power generation sector has been dominated by conventional energy. As per data released by the Central Electricity Authority...more
Mexican President Enrique Peña Nieto has responded to over a decade of declining oil and gas production with vocal support of reform of the Mexican energy sector. While the Mexican Constitution provides PEMEX a monopoly in...more
The Great Hural, Mongolia’s Parliament, has ratified a new investment law, already in effect since November 1, that dramatically alters the investment landscape in Mongolia.
The new investment law is one of the first...more
Last Friday in Miami, the 11th Circuit Court of Appeals heard oral argument in U.S. v. Joel Esquenazi & Carlos Rodriguez. The issues on appeal did not just relate to the FCPA’s ”foreign official” element, but as to this...more
As the World focuses on dramatic shifts in government following the dawn of Arab Springs, a dramatic revolutionary change is quietly taking place with our neighbor to the south. Mexico's President Enrique Pena Nieto has...more
The fifth round of the U.S.-China Strategic and Economic Dialogue ("S&ED") yielded some forward progress in addressing a number of investment and trade issues. U.S. Treasury Secretary Jacob Lew and Chinese Vice Premier Wang...more
In University Of Utah V. Max-Planck-Gesellschaft, the Federal Circuit was faced with deciding whether a patent inventorship dispute between two different state universities is a “dispute between two states” that falls under...more
Last week the Canadian Government introduced amendments to the Investment Canada Act (ICA) to implement its revised policy towards state-owned enterprises (SOEs) which it announced in December last year....more
On April 24, 2013, the Obama Administration notified Congress of its intent to include Japan as the 12th country to take part in negotiations for the Trans- Pacific Partnership (TPP). The notification begins a formal...more
On April 29, 2013, the Federal Government introduced its 2013 budget implementation bill, Bill C-60,1 which would also implement announcements made by the Federal Government on December 7, 2012 concerning investments by...more
The European Commission (“Commission”) has approved without conditions Rosneft’s US$ 54.8 billion acquisition of TNK-BP. The Commission’s 8 March approval came two months after the Russian Federal Antimonopoly Service (“FAS”)...more
Timing is everything. Woody Allen said it best – 80 percent of life is just showing up. Unless you are the Chamber of Commerce. Talk about bad timing and sour grapes....more
When I visited Spain last year, a local Spaniard talked with me about his thoughts as he watched coverage of the presidential election in the United States....more
In This Issue:
- Investment Canada
..State-Owned Enterprises Under Scrutiny
- Competition Act
..Cartels And Bid-Rigging
..Abuse Of Dominance
On Friday, December 7th, the Canadian Government approved two controversial takeovers of Canadian companies under the Investment Canada Act, Canada’s foreign investment review legislation: the acquisition of oil and gas...more
On December 7, 2012, the Canadian Minister of Industry announced decisions under the Investment Canada Act (ICA) to allow acquisitions by two foreign state-owned enterprises (SOEs): of Nexen Inc. by China National Offshore...more
On December 7, 2012 the federal government announced its approval of both Malaysian-controlled PETRONAS’ proposed $6 billion acquisition of Progress Energy Resources Corp. (“Progress”) and China National Offshore Oil...more
In addition to certain industry sector regulations that may apply, both the Investment Canada Act and the Competition Act subject foreign investments to review in Canada. While the Canadian government encourages foreign...more
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