News & Analysis as of

Enforcement Filing Requirements

White & Case LLP

Antitrust enforcement is on the rise in Africa

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Africa is undergoing significant changes in antitrust regimes throughout the continent. The regulatory landscape is shifting rapidly with countries either significantly amending their competition laws or proposing new laws...more

White & Case LLP

CFIUS 2023 Annual Report Shows Decrease in Filings, Continued Higher Pace of Mitigation, and CFIUS Issuing Penalties for...

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The Committee on Foreign Investment in the United States (“CFIUS”) recently published its Annual Report to Congress covering calendar year 2023 (the “Report”). The Report indicates a number of notable trends—some new and...more

Fenwick & West LLP

U.S. Foreign Investment Review - Continued Focus on Emerging Technologies, China Risk, and Enforcement

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The U.S. Department of the Treasury recently released its Committee on Foreign Investment in the United States (CFIUS) 2023 Annual Report to Congress....more

Perkins Coie

Corporate Transparency Act Midyear Update: Game-Changing FinCEN Guidance and What To Do To Meet Year-End Filing Obligations

Perkins Coie on

June marked the six-month milestone for the implementation of the Corporate Transparency Act (CTA)—the landmark anti-money laundering law requiring beneficial ownership reporting for U.S. companies that became effective on...more

Eversheds Sutherland (US) LLP

Treasury proposes expansion of CFIUS authorities

On April 11, 2024, the US Department of the Treasury issued, for notice and comment, proposed modifications (Proposed Rule) to certain Committee on Foreign Investment in the United States (CFIUS or Committee) regulations. In...more

Woods Rogers

Corporate Transparency Act: What You Need To Know

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The Corporate Transparency Act (CTA) went into effect on January 1, 2024, creating a national beneficial owner database to be used in combating money laundering,  by requiring companies to report information about their...more

Torres Trade Law, PLLC

Less Bark and More Bite? CFIUS Proposed Rule Enhancing Enforcement Capabilities

Torres Trade Law, PLLC on

A new proposed rule issued by the Committee on Foreign Investment in the United States (CFIUS) seeks to expand the scope of information that CFIUS can request from parties, expand its ability to monitor and investigate...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Proposes Expanded Enforcement Authorities and Increased Penalties

Key Points - On April 15, 2024, the Treasury Department published a proposed rule that would amend the Committee on Foreign Investment in the United States (CFIUS) regulations to expand CFIUS’s enforcement authorities....more

Sheppard Mullin Richter & Hampton LLP

The Corporate Transparency Act: Which Business Entities are Impacted and What is Required

Beginning on January 1, 2024, the Corporate Transparency Act (the “CTA”) requires each domestic and foreign entity that qualifies as a “reporting company” to file a Beneficial Ownership Information Report (“BOIR”) with the...more

Verrill

Corporate Transparency Act—Overview and Initial Steps to Be Taken

Verrill on

The Corporate Transparency Act became effective January 1, 2024 and will require more than 30 million U.S. entities to register in 2024 with FinCEN (a bureau of the U.S. Treasury Department). Most large companies and...more

Lippes Mathias LLP

Important Actions for Necessary Businesses and Entities Affected by the New Corporate Transparency

Lippes Mathias LLP on

Entities and Individuals Required to File a Report: Effective January 1, 2024, the Corporate Transparency Act (“CTA”) now requires a significant number of foreign and domestic businesses and entities in the United States...more

Skadden, Arps, Slate, Meagher & Flom LLP

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge

Key Points - - New draft merger guidelines reflect the aggressive approach that has defined merger enforcement in the Biden administration, including novel theories of harm. - Proposed changes to HSR notification will make...more

Cornerstone Research

SEC Enforcement Actions Against Public Companies and Subsidiaries Jump in FY 2023

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Total monetary value of settlements fell to lowest level in last eight fiscal years. The U.S. Securities and Exchange Commission (SEC) filed 91 enforcement actions against public companies and subsidiaries in fiscal year...more

White & Case LLP

Morocco Competition Council Announces Merger Control Amendments

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Morocco has enacted amendments to its competition law that will have significant impacts on its merger control regime. The amendments include increasing the minimum turnover thresholds for merger control filings, introducing...more

King & Spalding

Bank Failures May Raise CFIUS Issues

King & Spalding on

Companies need to be aware of filing requirements before taking foreign money - On March 14, 2023, after a week of three bank failures that marked the largest such crisis since 2008, policymakers continued seeking private...more

Linda Liu & Partners

Strategies to Deal with Bad Faith Trademark Rights Enforcement

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The trademark system in China follows the first-to-file rule. As long as the application meets the statutory application requirements, trademark registration can be obtained, resulting in a large number of bad faith...more

Skadden, Arps, Slate, Meagher & Flom LLP

Tax Enforcement: A Spotlight on Complex Partnership Structures

The boost in funding for the Internal Revenue Service (IRS) provided in the Inflation Reduction Act of 2022 (IRA) comes just as it has started rolling out in earnest programs focusing on auditing complex partnership...more

King & Spalding

Treasury Publishes First-Ever CFIUS Enforcement and Penalty Guidance

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Publication indicates a more robust enforcement posture - On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more

White & Case LLP

CFIUS Issues New Enforcement and Penalty Guidelines

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On October 20, 2022, the US Department of the Treasury, as Chair of the Committee on Foreign Investment in the United States (CFIUS), released the first-ever CFIUS Enforcement and Penalty Guidelines (Guidelines). The...more

Linda Liu & Partners

Evidence Preparation for Prior Use Defense in Infringement Dispute

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Guangzhou Intellectual Property Court has recently made first-instance judgment on an infringement case over 2 patents for invention of zippers where we served as the agent of the plaintiff YKK Co. Ltd. and concluded that the...more

Goodwin

Draft Implementing Rules of China’s Human Genetic Resources Regulations as Applied to Foreign Persons

Goodwin on

The Administrative Regulations of the People’s Republic of China on Human Genetic Resources (the “Regulations”), promulgated by China’s State Council, have been in effect for almost three years. As the administrative...more

Miller Canfield

The IRS's New Specificity Requirements for Research Credit Refund Claims – Possible Taxpayer Actions in Opposition

Miller Canfield on

On October 15, 2021, the IRS published Information Release 2021-203, based on Memorandum 20214101F (the "Memorandum") prepared by Field Attorneys in the Office of Chief Counsel, setting out a detailed procedure requiring...more

Dorsey & Whitney LLP

New FTC Position on Debt and HSR Valuation

Dorsey & Whitney LLP on

On August 26, the Federal Trade Commission announced a new position on an important factor in determining whether a transaction must be reported under the Hart-Scott-Rodino Act: whether debt repayment at closing counts in...more

A&O Shearman

Covid-19 coronavirus: litigation in Poland

A&O Shearman on

Implications for banking and consumer litigation during the Covid-19 coronavirus pandemic, against the backdrop of the draft acts forming part of the "Anti-Crisis Shield" (the Draft Act), as at 26 March 2020....more

Dorsey & Whitney LLP

U.S. Government Shutdown Impacts SEC Operations, EDGAR and Other Filings, Enforcement and Regulatory Activities

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In response to the U.S. government shutdown that began on December 22, 2018, the U.S. Securities and Exchange Commission and its Divisions of Corporation Finance and Investment Management published public guidance regarding...more

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