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|Jurisdiction of Australia's Independent Commission Against Corruption Before and After Cunneen and Duncan|
John Emmerig, Michael J. Legg; Jones Day;
October 7, 2015, previously published on September 2015In 2014, Margaret Cunneen, a Deputy Senior Crown Prosecutor of the State of New South Wales, was summoned by ICAC to give evidence at a public inquiry. The purpose of the inquiry was to investigate an allegation that she and her son, Stephen Wyllie, with the intention to pervert the course of...
|More on US-EU Safe Harbor — What’s Next?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 1, 2015, previously published on September 28, 2015EU data protection law prohibits the transfer of personal data to countries or territories outside the EEA unless they are considered to provide adequate protection. One of the ways certain US organisations can demonstrate an adequate level of protection is by signing up to the Safe Harbor...
|Safe Harbor - Trouble Ahead for Data Transfers from Europe to the U.S.?|
Elizabeth Harding; Holland Hart LLP;
September 25, 2015, previously published on September 23, 2015The European Court of Justice's ("ECJ") top lawyer declared today that the EU-U.S. Safe Harbor regime is invalid. If this advice is adopted by the ECJ, it could have widespread consequences for how data is transferred to, and used by, U.S. companies.
|The Yates Memo: Corporate Officers Under the Gun|
Jackie M. Bennett, Edwin J. Broecker; Taft Stettinius & Hollister LLP;
September 18, 2015, previously published on September 15, 2015Much has been written in the last days regarding the “Yates Memorandum” and whether it will truly mark the beginning of individual responsibility for corporate fraud or whether it is just more of the same, in a different format. The Yates Memo refers to the Sept. 9, 2015, memorandum...
|U.S. Courts Continue to Deny Attempts to Bring Foreign Law Actions in U.S. Courts to Recover for Potential Losses in Foreign Transactions|
Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 18, 2015, previously published on September 16, 2015As we have mentioned previously, in the wake of Morrison v. National Australia Bank, securities plaintiffs are no longer able to assert claims under the U.S. securities laws to recover potential losses for transactions that occur on non-U.S. exchanges. However, particularly in cases where...
|Eurozone Crisis: Possible Outcomes|
DLA Piper (Canada) LLP;
September 9, 2015, previously published on July 1, 2015There is no precedent for a country leaving the Euro, and speculation continues as to how the crisis will unfold, and what the consequences would be of an exit of a member. There is uncertainty around various scenarios, not least because there is no existing legal mechanism in the EU Treaties for...
|Foreign Corrupt Practices Act (FCPA): Israel Beware - Trends in Enforcement|
Daniel S. Harary; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 26, 2015, previously published on August 25, 2015Intuitively, Israeli companies and their directors would likely assume that their businesses are immune to investigation and the assessment of penalties by US regulators that are separated by a vast ocean and located more than 9,500 kilometers away. The reality, however, stands in contrast with...
|The $14.8 Million Internship: Personal Favor Creates an FCPA Violation|
Edwin J. Broecker; Taft Stettinius & Hollister LLP;
August 20, 2015, previously published on August 19, 2015On Aug. 18, BNY Mellon settled with the SEC allegations that it had violated the FCPA by hiring three interns. In re The Bank of New York Mellon Corporation, SEC Release No. 75720 (Aug. 18, 2015). The allegations stated that the three interns were not hired because of their individual...
|Comparison of the Discovery Process in Civil Litigation in the U.S. and Germany - An Introduction|
Claudia Borsutzki, Hagen Weiss; Murchison & Cumming, LLP;
August 11, 2015, previously published on August 6, 2015In light of the growth of border-crossing commerce and rapid development of international business relations, international law is becoming a more and more important part of the structure of our growing global society. This article focuses on the law of civil procedure in different jurisdictions,...
|Cyprus Courts Do Not Have Jurisdiction to Recognise and Register Foreign Arbitration Awards When neither the Applicant nor the Respondent Has Its Domicile in Cyprus|
Soteris Flourentzos; Soteris Flourentzos & Associates LLC;
June 17, 2015, previously published on February, 2015The Supreme Court of Cyprus ruled on 17 February 2015, in STX OFFSHORE & SHIPPING CO. LTD v. STX (DALIAN) SHIPBUILDING CO.LTD, Civil Application No. 152/2014, that in order for a foreign arbitration award to be recognized and enforced in Cyprus either the applicant or the respondent must have...