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|UK SFO Director Explains when Prosecution would be Unlikely to Follow a Self-Report|
Jamie Humphreys, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
November 4, 2013, previously published on October 29, 2013In a recent talk, David Green QC, the director of the Serious Fraud Office (SFO), made a strong argument in favour of self-reporting and the changes that he had introduced when he replaced Richard Alderman. Last year, David Green withdrew the SFO’s guidance on self-reporting and clarified...
|Canada and the European Union Conclude Negotiations on Trade Deal|
Henry J. Chang; Blaney McMurtry LLP;
October 25, 2013, previously published on October 22, 2013On October 18, 2013, Canada and the European Union (“EU”) reached an agreement, in principle, on a Comprehensive Economic and Trade Agreement (“CETA”); this will be the first free trade agreement between the EU and a G8 country. CETA covers most aspects of the Canada-EU...
|Holland. The Original Cool.|
Brian P. Sharkey; Porzio, Bromberg & Newman P.C.;
October 25, 2013, previously published on October 23, 2013“Holland. The Original Cool.” That is the slogan of a recently launched marketing campaign by the Netherlands Board of Tourism and Conventions and its partners. The campaign is intended to show travelers that what is now considered “cool” in other parts of the...
|Canada Blocks Proposed Acquisition of Allstream on National Security Grounds|
Henry J. Chang; Blaney McMurtry LLP;
October 25, 2013, previously published on October 22, 2013On October 7, 2013, the Canadian Government blocked the proposed acquisition of Allstream Inc. (“Allstream”), a subsidiary of Manitoba Telecom Services Inc. (“MTS”), by Accelero Capital Holdings (“Accelero”). Accelero is an investment firm co-founded by Egyptian...
|Foreign Forum Selection Clauses: Limitations on Enforceability|
Aaron R. Gruber, Caroline N. Mitchell; Jones Day;
October 16, 2013, previously published on October 2013A well-drafted forum selection clause can provide companies and individuals, especially those dealing in an international market, with certainty about the location of litigation arising out of a contractual relationship. While these clauses sometime identify a neutral jurisdiction, frequently the...
|European Cross Border Employment Contracts: Which Law Applies?|
Cécile Martin; Proskauer Rose LLP;
October 16, 2013, previously published on October 15, 2013According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European Regulation 593/2008 (for employment agreements concluded afterward), if the contract sets out which law applies, the law chosen by the parties...
|Canada’s Revamped Anti-Corruption Legislation Increases the Risk for Companies Doing Business North of the Border|
Gregory W. Carey, Stephen G. Huggard; Edwards Wildman Palmer LLP;
October 16, 2013, previously published on October 15, 2013Over the past decade, the U.S. government has levied billions of dollars in penalties in connection with enforcement actions involving violations of the U.S. Foreign Corrupt Practices Act (“FCPA”), the very broad U.S. law that criminalizes the payment of bribes by U.S. citizens and...
|Initial Provisions of Export Control Reform Become Effective October 15th - Steps to Take to Prepare for Export Control Reform|
Thomas B. McVey; Williams Mullen;
October 15, 2013, previously published on October 11, 2013On October 15, 2013 the first major series of amendments under the Export Control Reform will go into effect. Every exporter should be aware of these amendments and have a plan to prepare for these changes.
|Maquila Tax Issues in Mexican Tax Amendment Proposal for 2014 Will Affect Operation and Cash Flow of Maquila Program Holders|
Javier A. Cortes, Mauricio Llamas; Jones Day;
October 15, 2013, previously published on October 2013The amendment proposal presented to the Mexican Chamber of Deputies on September 8, 2013 by the head of the Executive Branch contains important amendments to the tax regime of maquila authorization holders. If approved as it stands by the Legislative Branch, the proposal would radically change the...
|Apple’s Double Irish With A Dutch Sandwich Goes Down Easy with SEC|
Philip Karter; Chamberlain, Hrdlicka, White, Williams & Aughtry;
October 14, 2013, previously published on October 9, 2013Senator Carl Levin (D-Mich.) may have tried to take a bite out of Apple (AAPL) in congressional hearings last May examining the company’s overseas tax structure, calling it “the holy grail of tax avoidance.” However, it appears that more than just Irish eyes are smiling on the...