Economic aid legislation will likely result in increased scrutiny of certain industries, similar to investigations that followed relief efforts in the 2008 financial crisis.
Key Points:
..The CARES Act creates multiple...more
We are pleased to present the seventh edition of Global Legal Insights – Bribery and Corruption. This book sets out the legal environment in relation to bribery and corruption enforcement in 28 countries and one region...more
3/12/2020
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Bribery ,
China ,
Compliance ,
Criminal Investigations ,
Criminal Prosecution ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Money Laundering ,
Multinationals ,
White Collar Crimes
CFIUS has offered a one-month comment period for proposed rulemaking to implement provisions of CFIUS legislation passed in August 2018.
More than a year ago, in August 2018, US President Donald Trump signed the Foreign...more
9/27/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
National Security ,
Real Estate Transactions ,
U.S. Treasury
The pilot guidance may help multinational companies address certain challenges they have previously faced when doing business with Chinese SOEs.
Key Points:
..Following extensive research and consultation, the SASAC has...more
Brief overview of the law and enforcement regime -
China has had strong anti-corruption laws for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”), containing the...more
12/14/2018
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Bribery ,
Compliance ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
Fraud ,
White Collar Crimes
New law expands CFIUS’ jurisdiction and brings important procedural changes to foreign direct investment review.
Key Points:
..The new legislation extends CFIUS’ jurisdiction to cover non-controlling investments in the...more
8/14/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
NDAA ,
Trump Administration ,
U.S. Commerce Department
The Supreme Court has ruled US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws, but are not required to give it conclusive effect.
Key Points -
..The Supreme...more
6/29/2018
/ Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd ,
Antitrust Litigation ,
Antitrust Violations ,
Application of Foreign Laws ,
China ,
Comity ,
Corporate Counsel ,
Exports ,
FRCP Rule 44.1 ,
Judicial Deference ,
Price-Fixing ,
Question of Law ,
Reversal ,
SCOTUS ,
Sherman Act
China has had strong anti-corruption laws for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”), containing the criminal offences of bribery and corruption, came into...more
China clarifies the scope of its commercial bribery law, which has important implications for companies and individuals doing business in China.
Key Points: The Standing Committee of the National People’s Congress has...more
The modified draft amendments clarify the scope of commercial bribery, provide helpful exceptions, and increase penalties.
Key Points: The Law Committee of the National People’s Congress has released a Second Draft of...more
Official guidance has expanded the scope of laws and provided examples of illegal uses.
Key Points:
..The definition of “personal information” has been expanded to include data points used for tracking individuals...more
On March 15, 2017, the National People’s Congress (the NPC), the national legislature of People’s Republic of China (the PRC), passed the General Provisions of the Civil Law (the General Provisions). To better protect rights...more
The Cyberspace Administration of China (CAC) issued Draft Measures for public comment on April 11 on Security Assessment for Cross-border Transmission of Personal Information and Critical Data (the Draft Measures). The Draft...more
While new legislation introduces the right to one’s personal information and specifies data protection, the definition and scope of lawful uses remains uncertain.
Key Points:
..A personal information right is...more
The current draft grants Chinese regulators broad discretion to prohibit data transfers.
Key Points:
..The draft requires both the consent of the data subjects and/or the permission of the regulators for any...more
MOFCOM continues efforts to increase enforcement of its merger notification requirements, despite very limited penalty options.
On January 4, 2016, China’s Ministry of Commerce (MOFCOM) announced that it had fined...more
The Standing Committee of the National People’s Congress of the People’s Republic of China (PRC) has introduced China’s first and comprehensive Network Security Law (also referred to as Cybersecurity Law). The law will have...more
The law will have far-reaching implications for parties that utilize the Internet and handle network data and personal information in the PRC.
On November 7, 2016, the Standing Committee of the National People’s Congress...more