The global tax landscape is experiencing a profound transformation as the OECD/G20’s Pillar Two rules are adopted. Among these, the Undertaxed Profits Rule (UTPR) has emerged as a pivotal mechanism designed to ensure that...more
The Singapore International Arbitration Centre (SIAC) has unveiled the seventh edition of its arbitration rules, set to take effect on January 1, 2025 (the SIAC Rules 2025). These updated rules represent a significant step...more
In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more
12/20/2023
/ Acquisitions ,
Bilateral Investment Treaties ,
Buyers ,
Carve Out Provisions ,
Cross-Border Transactions ,
Energy Sector ,
EU ,
Financial Regulatory Reform ,
Foreign Investment ,
Foreign Subsidiaries ,
Foreign Subsidies ,
Healthcare ,
Hedging ,
International Trade ,
Investment ,
Investors ,
Jurisdiction ,
Life Sciences ,
Mergers ,
Regulatory Agenda ,
Sellers ,
Sports ,
Technology Sector ,
UK
On July 1, 2022, the amended Regulations and Rules of the International Centre for Settlement of Investment Disputes (ICSID) (the 2022 Rules) will come into effect after being approved by the Member States on March 21,...more
6/28/2022
/ Amended Regulation ,
Amended Rules ,
Arbitration ,
Arbitrators ,
Disclosure Requirements ,
EU ,
Foreign Tribunals ,
ICSID ,
Member State ,
New Amendments ,
Third Party Funding ,
Transparency
28 U.S.C. § 1782 (Section 1782) allows parties (and even non-parties) to obtain discovery of documents or testimony in the United States in aid of matters before “foreign or international tribunals.” For years, US federal...more
6/16/2022
/ 28 U.S.C. § 1782 ,
AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States ,
Business Disputes ,
Commercial Arbitration ,
Discovery ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
SCOTUS ,
ZF Automotive US Inc v Luxshare Ltd
In a decision substantively the same as the now-withdrawn opinion entered on January 20, 2021, the US Court of Appeals for the Ninth Circuit once again affirmed denial of a non-signatory’s motion to compel arbitration. Setty...more
The Legal Impact in Europe on Pharmaceutical and Medical Device Companies -
The current crisis mode has triggered legal and commercial issues that affect the pharmaceutical and medical device industry across...more
5/27/2020
/ Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
EU ,
European Commission ,
European Competition Network (ECN) ,
Exports ,
Force Majeure Clause ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Imports ,
Intellectual Property Protection ,
Manufacturers ,
Medical Devices ,
Pharmaceutical Industry ,
Remote Working ,
UK ,
Wine & Alcohol
Given the current environment, it is crucial to be aware of your contractual rights, potential exposures and legal remedies. This checklist provides some suggestions on best practices for providing notice of force majeure or...more
As clients seek relief from the economic crisis brought on by COVID-19, Latin American companies and individuals with US operations or investments are presented with new challenges and opportunities resulting from the US...more
4/14/2020
/ Business Model ,
Business Operations ,
Business Opportunities ,
CARES Act ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Creditors ,
Debtors ,
Dispute Resolution ,
Foreign Investment ,
Investment Management ,
Investors ,
Latin America ,
Relief Measures ,
Tax Planning ,
Webinars
Organizations of all sizes are entering, performing and sometimes seeking to avoid contract obligations in connection with the COVID-19 pandemic. This webinar will provide an overview of the potential impact that COVID-19 has...more
4/7/2020
/ Best Practices ,
Breach of Contract ,
Contract Disputes ,
Contract Drafting ,
Contract Negotiations ,
Contract Termination ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Performance Standards ,
Webinars
In light of the novel Coronavirus (COVID-19) pandemic, many businesses are confronting circumstances that may excuse or delay their obligations to perform under existing contracts due to the occurrence of a force majeure...more
A recent McDermott round table on European health private equity generated key insights into the future of medtech, digital health, and data analytics, and identified opportunities for companies and investors.
Digital...more
12/20/2019
/ CFIUS ,
Digital Health ,
Digital Services Tax ,
Global Dealmaking ,
Healthcare ,
International Arbitration ,
Life Sciences ,
Medical Devices ,
Outbound Transactions ,
Private Equity ,
State-Owned Enterprises ,
UK Competition and Markets Authority (CMA)
There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more
12/18/2019
/ 28 U.S.C. § 1782 ,
Appeals ,
Arbitration Agreements ,
Commercial Arbitration ,
Corporate Counsel ,
Discovery ,
Extraterritoriality Rules ,
Foreign Jurisdictions ,
International Arbitration ,
Personal Jurisdiction ,
Split of Authority ,
Tribunals
IN THIS ISSUE -
Alongside the usual challenges of rising and falling values inherent in any family-owned asset, cryptocurrency, which is kept in key-protected digital wallets, is prone to getting lost or disappearing with...more
4/30/2019
/ Arbitration Agreements ,
Beneficiaries ,
Biotechnology ,
CFIUS ,
China ,
Contractual Safeguards ,
Cryptocurrency ,
Estate Planning ,
Foreign Investment ,
Inheritance ,
Pharmaceutical Patents ,
Trustees ,
Trusts ,
Wealth Management
Data Inspections in China: Increased Supervision and Compliance -
Data protection inspections have become more frequent for companies with operations in China. Many companies are struggling for guidance on how to...more
The European Commission adopted a “New Deal for Consumers” aimed at strengthening existing consumer protection measures, including in data falsification matters. The New Deal will introduce a “European-style class action”...more
Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight
The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created...more
12/6/2017
/ Acquisitions ,
Bilateral Investment Treaties ,
Capital Markets ,
China ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Dispute Resolution ,
EU Data Protection Laws ,
Federal Trade Commission (FTC) ,
Foreign Acquisitions ,
Foreign Investment ,
Health Care Providers ,
Insolvency ,
Mergers ,
NAFTA ,
Trump Administration ,
UK Brexit ,
UK Insolvency Act