News & Analysis as of

Due Diligence Foreign Investment

Recent Debarments Highlight Growing Risk of Sanctions By Multilateral Development Banks

by Holland & Knight LLP on

• Companies that operate globally face substantial risks associated with activities funded by multilateral development banks (MDBs). • Several recent debarment actions by the World Bank highlight those risks. • To...more

Ahead of the game - perfecting your offshore acquisition strategy

by Dentons on

With a new year underway and relatively benign economic conditions prevailing (including low interest rates globally and lower US tax rates), cross border M&A is forecast to increase, driven by cashed up corporates out of...more

"Absolute Liability" for a Failure to Prevent Foreign Bribery: Significant Change Ahead in Australia?

by Jones Day on

On 6 December 2017, Australia's Federal Government tabled the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 ("Bill"), which contains various amendments to Australia's foreign bribery regime, including...more

German Public M&A Q1 – Q3 2017: Overview and current issues

by White & Case LLP on

German Takeovers in the headlines of the press - So far this year, three takeover bids have made headlines in the German financial press. After major struggles between the executive board, supervisory board and...more

Key Considerations for Middle East Entities Looking to Invest in US Technology Companies

by Latham & Watkins LLP on

Four of Latham & Watkins’ leading emerging company partners in Silicon Valley, Luke Bergstrom, Tad Freese, Jim Morrone and JD Marple, recently hosted a webinar titled “Achieving Successful Outcomes as a Non-US Company...more

Preparing for Your Cross-Border Deal: Practice Tips for In-House Counsel

by WilmerHale on

Your CEO just announced that the company wants to acquire a business with global operations. As in-house counsel, you will play a key role in this transaction by ensuring the deal runs smoothly. It’s a tremendous growth...more

Private Equity and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

The election of President Trump contained more than a few positive signs for Private Equity (PE) firms. Promises of a lower corporate tax environment, a ten-percent tax holiday for funds parked overseas, large infrastructure...more

"Navigating the Challenges of Chinese Acquisitions of US Insurers"

Chinese investment in the U.S. insurance industry continued steadily in 2016, notwithstanding efforts by the Chinese government to impose new restrictions on outbound M&A. (See "Regional Focus: Asia.") Examples of such...more

CFIUS Actions Highlight Focus on Critical Technologies and Infrastructure

by WilmerHale on

In its latest report to Congress, the Committee on Foreign Investment in the United States (CFIUS), the US government's interagency body that vets foreign investment with national security implications, reported that it...more

Business Investment in China: Where Is the Money?

by Lane Powell PC on

Thanks to its strategic location, vibrant entrepreneurial spirit, business environment and the wildly popular movie Beijing Meets Seattle , the Puget Sound area has quickly become one of the most popular destinations for...more

German banking market – on the move

by Reed Smith on

The German banking market is on the move. This presents opportunities for foreign investors who would like to enter the German financial market. However, in order to acquire an interest in a German financial institution, i.e....more

EB-5 Due Diligence Matters

by Mintz Levin on

Private placement offerings are an increasingly active part of the securities business. One especially complicated and emerging area of private placements is the EB-5 Investor Visa Regional Center Program. Under the current...more

Australian Anti-Bribery & Compliance Trends

Today we welcome Ted Williams, Partner, Piper Alderman. Ted, can you share some of your background and experience? TW: Thank you, Richard, for the opportunity to engage with your community, and it was a pleasure to...more

SEC Charges EB-5 Brokers For Not Registering

by Carlton Fields on

Multiple firms involved in the solicitation of investment capital for the Immigrant Investor Program (also known as "EB-5") have recently been charged by the SEC with acting as unregistered brokers. Neither In re Ireeco, LLC,...more

How to Succeed in Africa by Choosing Partnership over Corruption

Big opportunities for exporters in Africa - There is no doubt that the continent of Africa is a land rich in opportunities for international businesses. With an abundance of natural resources, some of the world’s fastest...more

European M+A News, Summer 2015

by Morrison & Foerster LLP on

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

SEC Charges EB-5 Brokers with Violation of the Exchange Act

by Blank Rome LLP on

Action Item: In what is expected to be the first of many cease-and-desist orders made by the SEC against brokers handling investments in EB-5 investment projects, all EB-5 organizers and sponsors, through their due diligence,...more

Unregistered Broker Activity in EB-5 Capital Fund Raising SEC Imposes Cease-And-Desist Order

by Cohen & Grigsby, P.C on

In an important development affecting the EB-5 financial community the SEC has imposed a cease-and-desist order with respect to fund raising activities conducted by two unregistered brokers and related persons in connection...more

Due Diligence in Cross-Border Acquisitions Paving the Road to Enter or Run Away From a Deal in Brazil

by Carlton Fields on

With the great majority of foreign jurisdictions already adopting U.S.-style acquisition documents in connection with business acquisitions, U.S. investors experience a larger sense of comfort in negotiating their equity...more

Key Issues and Considerations in Developing Petrochemical Projects in Newly Emerging Markets

by White & Case LLP on

This article provides a brief overview on some of the key issues and considerations that will need to be analysed by foreign sponsors (the “Foreign Sponsors”) looking to develop petrochemical projects in newly emerging...more

SEC Charges Underwriter and Bankers in Connection with Offering by China-based Issuer A Cautionary Tale of How Bad Facts and Weak...

by Ropes & Gray LLP on

On March 27, 2015, the U.S. Securities and Exchange Commission (SEC) announced charges against an investment bank and two of its bankers for failing to adequately review and escalate a due diligence report which contradicted...more

Back in the game: The rise of US M&A

by White & Case LLP on

US M&A is bouncing back - After a tough few years, acquisitions in the United States have seen a remarkable resurgence - The first half of 2014 saw a great dealmaking revival in the United States. Deal values...more

Key issues for asset managers in 2014

by Allen & Overy LLP on

In this newsletter - U.S.: - Dodd-Frank Act – Designation of asset managers as systemically important financial institutions - Volcker Rule finalised with a more limited application to covered fund activities...more

SEC Freezes Assets and Brings Civil Charges against EB-5 Investor Visa Project

In the first SEC enforcement action of its kind, the SEC announced on February 8, 2013 that it had filed civil charges against, and received an emergency order to freeze assets of, the Intercontinental Regional Center Trust...more

Private Equity Newsletter - Fall/Winter 2012 Edition: Negotiating Private Equity and M&A Deals in the Middle East

by Dechert LLP on

After a number of ebullient years of activity until late 2007, the Middle Eastern private equity industry is facing new challenges as fund-raising is getting tougher and investors across the board have become more demanding....more

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