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Cross-Border Transactions Securities and Exchange Commission (SEC)

Wilson Sonsini Goodrich & Rosati

Sustainability and ESG Advisory Practice Update, March 2024

We are pleased to share the March 2024 issue of Wilson Sonsini’s Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental,...more

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

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business - Navigating Inbound Franchising in the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by Erica Tokar and Leah Braukman, attorneys in AGG’s Corporate practice, to discuss inbound franchising of...more

Jones Day

Jones Day Cross-Border Investigations Series 2023 - Issue 1 : Whistleblowing

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While there are a number of ways in which organizations may become aware of potential wrongdoing internally, perhaps the most significant for its legal and compliance teams is internal reporting, or “whistleblowing,” by...more

Dorsey & Whitney LLP

Implications of SEC Amendment to Insider Trading Safe Harbor for Canadian Issuers

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On December 14, 2022, the SEC adopted final rules amending Rule 10b5-1, a safe harbor from liability under the U.S. insider trading rules. The safe harbor permits directors, executive officers and others, including issuers,...more

Oberheiden P.C.

Internal Audit for FCPA Compliance: A Detailed Guide

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The Foreign Corrupt Practices Act (FCPA) (15 U.S.C. § 78dd-1 et seq.) is a federal anti-bribery law that makes it unlawful for certain people to pay foreign government officials in order to conduct business abroad. While it...more

Dorsey & Whitney LLP

Raising U.S. Funds Under Canada’s New “Listed Issuer Financing Exemption”

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​​​​​​​As many of our readers will have heard, the Canadian Securities Administrators (“CSA”) has announced the adoption of a new prospectus exemption for certain reporting issuers listed on a Canadian stock exchange (the...more

Morgan Lewis

Analysis: It’s Time to Create ‘The Commission on Foreign Investment and National Security’

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Given its existing limitations, the Committee on Foreign Investment in the United States is ready for its next evolution—not a tweaking around the edges of an existing process that continues to perpetuate limitations to the...more

Latham & Watkins LLP

US vs EU/UK Margin Rules Comparative Summary

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This updated guide lays out the margin requirements for uncleared derivative transactions in a user-friendly comparative table. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Challenges for Cross Border Distribution of Private Funds in 2022

On January 12, 2022, Skadden partners Greg Norman and Anna Rips led the webinar “Challenges for Cross-Border Distribution of Private Funds in 2022,” which considered recent changes to the rules and regimes governing the...more

BakerHostetler

New Crypto Products Launch; Market Reports Published; Treasury Dept. Addresses Crypto Tax; Crypto Enforcement Actions and Threats...

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Reports Address Crypto M&A and Metaverse, New Crypto Products Launch - A Big Four accounting firm recently released its “2021 Global Cryptocurrency Mergers and Acquisition and Fundraising Report.” Key takeaways from the...more

Goodwin

2021 Year in Review: FCPA

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A. Basic Overview of Statute - The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (FCPA), makes it unlawful for U.S. persons and entities and others who act within the jurisdiction of the...more

Morrison & Foerster LLP

M&A in 2021 and Trends for 2022

2021 M&A smashed U.S. and global records. The year saw the arrival of a new U.S. administration, the release of COVID-19 vaccines, as well as continued questions regarding the impact of the pandemic, including the year-end...more

McDermott Will & Emery

[Webinar] The Continuing Rise of the SPAC: Where Does It Go from Here? - December 16th, 1:00 pm - 2:00 pm EST

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The interest in special purpose acquisition companies (SPACs), also known as blank check companies, skyrocketed in 2020 with 250+ SPAC filings. This year has already outpaced last year with 350+ SPAC filings and nearly 450...more

Latham & Watkins LLP

The Latham FPI Guide: Accessing the US Capital Markets From Outside the United States - 2021 Edition

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Fabry-Pérot Interferometer, SA is a highly successful non-US company known to the world as FPI. FPI is considering doing a debt or equity offering in the United States. What are the key legal issues it, and its underwriters...more

Kohn, Kohn & Colapinto LLP

International Whistleblowers Receive High Pay, High Praise from SEC

Since the whistleblower program’s inception in 2011, the U.S. Securities and Exchange Commission (SEC) has awarded approximately $956 million to 195 individuals for their whistleblowing efforts in exposing fraudulent...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

Latham & Watkins LLP

What to Know About the New CFTC Cross-Border Swaps Regime

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This Client Alert White Paper serves as a comprehensive guide to the new rule, which largely supersedes prior CFTC guidance that had informed market practice for over seven years. Key Points: ..The new rule became...more

Snell & Wilmer

SEC Action Could Have Rippling Effects on Future of Cryptocurrency

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Many investors, traditional and progressive, are looking hard at cryptocurrency investments as a way to diversify their portfolios. However, there are still multiple known “unknowns” about this new market, including the...more

Faegre Drinker Biddle & Reath LLP

The U.S. Department of Justice Releases its Cryptocurrency Enforcement Framework

Earlier this year, the U.S. Department of Justice (“DOJ”) released its highly anticipated Cryptocurrency Enforcement Framework (the “Framework”).  The Framework was developed as part of the Attorney General’s Cyber-Digital...more

White & Case LLP

UK Schemes of Arrangement and US Securities Considerations

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In structuring a UK scheme of arrangement that involves the restructuring of existing securities and/or the offer of new securities, due consideration must be given to the relevant US securities laws and registration...more

Orrick, Herrington & Sutcliffe LLP

U.S. President’s Working Group Proposes Tougher Listing Rules for Chinese Companies

In response to U.S. President Trump’s June 4 Memorandum calling for “firm, orderly action to end the Chinese practice of flouting American transparency requirements without negatively affecting American investors and...more

Goodwin

Securities Class Action Against Swiss-Based Company Dismissed On Forum Non Conveniens Grounds

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Securities Class Action Against Swiss-Based Company Dismissed On Forum Non Conveniens Grounds; Second Circuit Finds Strong Inference of “Conscious Recklessness” In Allegations And Reverses Dismissal of Securities Suit Against...more

Perkins Coie

Rare DOJ Opinion Offers Anti-Bribery Lessons for Transactions Involving Foreign Government-Owned Assets

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The U.S. Department of Justice (DOJ) has issued an opinion letter (catalogued as FCPA Opinion No. 20-01) stating that it does not intend to take enforcement action under the Foreign Corrupt Practices Act (FCPA) against a...more

Lowenstein Sandler LLP

OCIE Risk Alert: Key Takeaways And Practical Applications For Hedge Fund Managers

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The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert entitled Observations from Examinations of Investment Advisers Managing Private Funds (the “Alert”). The...more

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