News & Analysis as of

Cross-Border

"Going International – A Primer for the Global Economy in Ten Questions"

The global economy has created an increasingly challenging phenomenon of cross-border enforcement. By way of recent example, how does Brazil fine US-based Facebook $33 million for supposed failure to produce documents from...more

EU: Cross-border parcel delivery – Council approves final text of regulation

by Hogan Lovells on

The Digital Single Market, as pushed forward with increasing speed by the European institutions, does not end with the click of a “purchase” icon. Goods ordered and bought online need to find their way to the purchaser, be it...more

Asset Management Regulatory Roundup - April 2018 - Issue 7

by Dechert LLP on

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details of the FCA’s statement on the implementation period for Brexit; the requirement for firms...more

Uniform European Union Conflict of Laws Rule to Foster Cross-Border Transfer of Claims

by Jones Day on

The Situation: Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I Regulation) does not cover the question of third-party...more

Expansion of digital markets and restrictions

by Bryan Cave on

The European Commission has been closely following the developments in e-commerce. As more and more goods and services are sold online, the Commission finds itself inevitably drawn into regulating the competition rules in...more

Recent Developments in Activist Investing in Japan

by White & Case LLP on

Activist investor Oasis Management receives 90% approval for its proposals from minority shareholders at Tokyo Stock Exchange (ticker: 9449) listed GMO Internet Global activist investor trends in recent years...more

Foreign Corrupt Practices Act Requires More Than a Policy

by Dorsey & Whitney LLP on

The recent settlement agreement between Kinross Gold Company and the Securities and Exchange Commission is a reminder to Canadian cross-listed companies that it is not enough to adopt a parent-company level anti-corruption...more

High Court Decision in Norske Skog: Puh! (Norwegian for Phew!)

by Latham & Watkins LLP on

Ruling confirms majority noteholder should not be disenfranchised from voting - The English High Court held that it had jurisdiction in a cross-border dispute involving the Norske Skog group (Norske Skog), and confirmed...more

Commission’s notice on Brexit and copyright: Is it as bad as it sounds?

by Hogan Lovells on

On 28 March 2018 the Commission published a Notice to Stakeholders on the Withdrawal of the UK and EU rules in the field of Copyright. The Notice reminds stakeholders that, unless the UK comes to an agreement with the EU,...more

The 15 Tests against Which Any Brexit Deal Should Be Measured

A Report published by the UK’s Exiting the European Union select committee sets out a series of tests against which to measure the eventual Brexit deal. The Report sets out 15 tests with which to judge any Brexit deal,...more

UK Tax Round Up - March 2018

by Proskauer Rose LLP on

Welcome to the March edition of the Proskauer UK Tax Round Up. As promised, the Spring Statement from the Chancellor focused on the economy and public finances without any major tax announcements. However, a few interesting...more

Reaching for the clouds - how the US government plans to access data stored abroad

As part of the recently enacted federal spending bill, the US Congress has passed a momentous piece of legislation directly affecting providers of electronic communication services like email service providers and social...more

China issues new rules tightening up on overseas transfers of intellectual property rights (IPR)

by Hogan Lovells on

On 29 March 2018, the Chinese State Council released the External Transfer of Intellectual Property Rights Measures (for trial implementation) (the IPR Overseas Transfer Measures) providing for further governmental scrutiny...more

EU Targets Tax Avoidance Reporting Obligations for Intermediaries

by Jones Day on

The Situation: The Member States of the EU have unanimously agreed on a proposed directive establishing new and far-reaching tax reporting obligations for "intermediaries" and taxpayers. The Result: The proposal lays down...more

GDPR And The Future of WHOIS Data

by Ballard Spahr LLP on

With the European Union’s General Data Protection Regulation (“GDPR”) set to go into effect on May 25, 2018, many questions remain as to what entities that control and process data from EU citizens must do to comply. ...more

Wolfsberg Group Issues Frequently Asked Questions on Country Risk

by Shearman & Sterling LLP on

The Wolfsberg Group has published a set of Frequently Asked Questions on financial crime country risk. Country risk is the additional risk created by investing in, or lending cross border to, a foreign country in the context...more

Congress Passes CLOUD Act to Facilitate Law Enforcement Access to Overseas Data

by Jones Day on

The Situation: The U.S. Congress passed the CLOUD Act amending U.S. surveillance laws to facilitate law enforcement access to the contents of communications and other related data. The Result: U.S. law enforcement...more

The impact of Brexit on the enforcement of judgments between the UK and EU Member States post-Brexit

by Hogan Lovells on

The impact of Brexit on the enforcement of judgments between the UK and EU member states is increasingly at the forefront of businesses' minds. This blog describes how the current system of reciprocal enforcement of judgments...more

DSM Watch: Regulation on Portability of Online Content comes into force 1 April 2018

by Hogan Lovells on

This year’s Easter holiday brings with it a further milestone in the Commission’s endeavor to bring about a truly Digital Single Market: The Portability Regulation (EU) 2017/1128 comes into force on 1 April 2018. ...more

The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data

by Moore & Van Allen PLLC on

On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States...more

France and Luxembourg Sign New Tax Treaty

by Jones Day on

The Situation: On March 20, 2018, the governments of France and Luxembourg signed a new double tax treaty that will replace the current tax treaty dated April 1, 1958 (as amended through 2014). The Result: The most...more

California Environmental Law & Policy Update - March 2018 #4

by Allen Matkins on

Focus - San Diego regional water board issues tentative order requiring federal agency to investigate cross-border contamination - The San Diego Union-Tribune - Mar 20 - The San Diego Regional Water Quality Control...more

Fund Marketing in the EU - Commission Proposes Changes

by Reed Smith on

The EU Commission on 12 March 2018 issued proposals for a new Directive and new Regulation intended to “boost the cross-border market for investment funds” and “eliminate current regulatory barriers to the cross-border...more

European Commission Publishes Legislative Package for Cross-Border Distribution of Investment Funds

by Shearman & Sterling LLP on

As part of its work on creating a European Capital Markets Union, the European Commission has published a legislative package of amendments, comprising a proposed Regulation and a proposed Directive....more

Limited recognition of foreign insolvency proceedings in Singapore

by Dentons on

Creditors and anyone seeking recognition of foreign insolvency proceedings in Singapore should consider how the presence of an injunction or an adverse court order may affect the chances of successful recognition....more

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