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Cross-Border Transactions Extraterritoriality Rules

Latham & Watkins LLP

The Latham Global IPO Guide - 2024 Edition

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This Summary does not contain all of the information that you will need to successfully complete your global IPO. You really should read this entire guide as well as the other Latham & Watkins publications referred to in this...more

Sheppard Mullin Richter & Hampton LLP

Highlights of China’s Recently Adopted Personal Information Protection Law

On August 20, 2021, the Standing Committee of the National People’s Congress adopted the Personal Information Protection Law of the People’s Republic of China (the “Personal Information Protection Law”). The Personal...more

Proskauer - Corporate Defense and Disputes

First Circuit Adopts Prevailing Standard for Applicability of Federal Securities Laws to Foreign Investors, But Rejects Second...

The U.S. Court of Appeals for the First Circuit held yesterday that the U.S. securities laws apply to foreign brokers’ solicitations of securities purchases by foreign investors if the purchasers or sellers incurred...more

Morrison & Foerster LLP

German Registered IP: New Taxation Of Transactions Between Non-German Parties

In a decree published November 6, 2020, the German tax authorities confirmed their view that transactions between non-German parties (e.g., between two U.S. companies) are generally taxable in Germany, if this income is...more

Mintz - Bankruptcy & Restructuring Viewpoints

Fraud Investigations and Complex Asset Recovery in 2020: A Q&A With Mintz Cross-Border Asset Recovery Co-Chairs Dan Pascucci and...

With courts and government agencies around the world enacting emergency measures in response to the Covid-19 pandemic – ranging from complete shutdowns to delays and limitations – advancing the ball in dispute resolution is...more

Jones Day

Second Circuit Breathes New Life Into Conduct And Effects Test

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The Situation: Since the Supreme Court decided Morrison v. National Australia Bank Ltd. ("Morrison") in 2010 and rejected the Second Circuit's "conduct and effects test," the Second Circuit has grappled with the issue of...more

White & Case LLP

Sanctioned default? The English High Court considers the effect of foreign illegality on English obligations

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As sanctions ramp up globally, it is increasingly important for commercial parties engaged in cross border transactions to have certainty (i) as promisees (e.g. lenders) as to when their counterparties may legitimately avoid...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

Faegre Drinker Biddle & Reath LLP

Dot Your I’s and Cross Your T’s: Running a Successful Global Promotion

The rules for sweepstakes, contests, and other promotions vary dramatically by country, and sometimes by province or local jurisdiction. A promotion that is perfectly legal in the United States is not necessarily permitted in...more

Jones Day

Second Circuit Rules that Bankruptcy Code’s Fraudulent Transfer Recovery Provisions Can Reach Foreign Transferees

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The ability of a bankruptcy trustee to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when an otherwise avoidable transfer by a U.S. entity takes place outside the U.S. to a...more

Mintz - Securities Litigation Viewpoints

Tenth Circuit Affirms Extraterritorial Reach of SEC Enforcement of the Federal Securities Laws

In the Traffic Monsoon litigation, the U.S. Court of Appeals for the Tenth Circuit held that the enforcement provisions of the Securities Act and the Exchange Act reach Traffic Monsoon’s sales to customers outside of the...more

White & Case LLP

Does your compliance program address UK exposure?

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Tech companies of U.S. origin tend to have compliance programs focused on U.S. laws, including the Foreign Corrupt Practices Act (the "FCPA") and relevant tax and labor laws. The UK has enacted laws covering bribery and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: European Data Protection and Cybersecurity in 2019

Data protection laws in Europe evolved substantially in 2018, with the implementation of the General Data Protection Regulation (GDPR) and the Directive on Security of Network and Information Systems (NIS Directive) becoming...more

Orrick, Herrington & Sutcliffe LLP

Securities Law/Commodities Exchange Act (CEA) - The World in U.S. Courts: Summer-Fall 2018

Giunta v. Dingman, US Court of Appeals for the Second Circuit, June 19, 2018 - As relevant here, plaintiff Erik Gordon sued Dingman in New York, alleging that Dingman violated US securities laws in connection with his sale...more

Womble Bond Dickinson

ICO Warns Prominent US Company to Change Business Model: Paid Subscription versus FREE with Ads

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A European privacy regulator has spoken on a key facet in its General Data Protection Regulation (GDPR) interpretation. The UK’s enforcement office apparently believes that an EU data subject cannot give consent to a...more

BCLP

Traders must be geo-blocking compliant by 3 December 2018

BCLP on

From 3 December 2018, businesses who sell either B2B or B2C within the EU will have to comply with the EU Geo-Blocking Regulation. The Regulation will have both economic and procedural implications for any trader which sells...more

Jones Day

Debate Intensifies as to Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially

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The ability of a trustee or chapter 11 debtor-in-possession to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to...more

Morrison & Foerster LLP - Social Media

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the...

Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court...more

Proskauer - Minding Your Business

Does What Happens Outside the U.S. Stay Outside the U.S.?

As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law: Biocad v. F. Hoffman-La-Roche Ltd. and In re...more

Dechert LLP

Developments in Global Securities Litigation

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As securities markets become increasingly interconnected, multi- national public corporations continue to be a part of a significant sea change in the globalization of securities fraud litigation—a change that began with the...more

A&O Shearman

MiFID II, Research and Extraterritoriality: The SEC, European Commission and FCA Solution

A&O Shearman on

On October 26, 2017, the US Securities and Exchange Commission, European Commission and the UK Financial Conduct Authority released, in a coordinated manner, a series of significant orders and guidance to address some of the...more

Jones Day

Yet Another Ruling Deepens the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially

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The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to a non-U.S. transferee—as is increasingly common...more

Foley & Lardner LLP

One is Not Enough – Infringement Liability under § 271(f)(1)

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In Life Technologies Corp. v. Promega Corp., Slip Op. 14-1538 (Feb. 22, 2017), the U.S. Supreme Court held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to...more

Foley Hoag LLP

Limiting Extraterritorial Reach of U.S. Patents: "Substantial" Means More than One

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Last week, the Supreme Court provided much-needed clarity to U.S. companies concerned about their potential liability for supplying a single component of a multicomponent invention abroad. The Court’s decision in Life...more

Burr & Forman

Supreme Court Decision Limits Patent Infringement Risk for Exporting a Single Component of a Multi-Component Invention

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On February 22, 2017, the Supreme Court held that there is no patent infringement when an entity supplies "a single component" from the United States for combination into "a multicomponent invention" outside the United...more

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