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|MTC Meets With Economic Firms to Continue Its Transfer Pricing Effort|
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
October 9, 2014, previously published on October 6, 2014On October 6, the Multistate Tax Commission Arm’s-Length Adjustment Service Advisory Group (the “Group”) met in Atlanta, Georgia, to continue its foray into transfer pricing audits. The Group first met in June and has met several times to discuss how—and to what...
|U.S. Regulations Can Raise Risks for Reshoring and Next-Generation Manufacturing|
Gregory Husisian; Foley & Lardner LLP;
October 3, 2014, previously published on October 1, 2014More than a third of United States businesses are either bringing back or considering bringing back manufacturing activity to the U.S. through “reshoring.” Although one would think that bringing production back to the U.S. would minimize the impact of U.S. regulations of international...
|Lessons from GlaxoSmithKline’s Record $492 Million Bribery Fine in China|
Graham Erion, Weiguo (William) He, Matthew A. Kersten; Davis LLP;
September 25, 2014, previously published on September 23, 2014On September 19, 2014, pharmaceutical giant GlaxoSmithKline plc (GSK) announced that its Chinese subsidiary had been found guilty of bribing health officials in the country and was forced to swallow a 3 billion yuan ($492 million CDN) penalty, the largest corporate fine in China’s history....
|Who’s a “Foreign Official”? Supreme Court Could Clarify Key FCPA Term|
Fatema K. Merchant; Sheppard, Mullin, Richter & Hampton LLP;
September 24, 2014, previously published on September 18, 2014On August 14, 2014, Joel Esquenazi and Carlos Rodriguez filed a Petition for a writ of certiorari in the U.S. Supreme Court seeking clarification of a key term in the Foreign Corrupt Practices Act. Among other arguments, Esquenazi and Rodriguez (the “Petitioners”) state that the FCPA...
|EU Strengthens Economic Sanctions Against Russia|
Curtis M. Dombek, Neil Ray; Sheppard, Mullin, Richter & Hampton LLP;
September 24, 2014, previously published on September 18, 2014The European Union (EU) put into effect on Friday (September 12, 2014) a new round of economic sanctions against Russia over its role in Ukraine. The new measures include further restrictions on (i) dual-use goods and technology to specified entities; (ii) the provision of services in relation to...
|CBP Issues Guidance on Acceptable Methods of Submitting Post-Importation Claims|
Brian S. Goldstein; Duane Morris LLP;
September 15, 2014, previously published on September 9, 2014As a follow-up to a memorandum issued by U.S. Customs and Border Protection (CBP) to its field offices on August 11, 2014, CBP has published a guidance to the trade community concerning "acceptable methods" for submission of post-importation claims for preferential treatment under various...
|International Law Increasingly Important|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
September 12, 2014, previously published on September 11, 2014Globalisation continues to advance. Trade has long since ceased to stop at national borders. This also has implications for jurisdiction.
|Overview of the United Kingdom Bribery Act|
Paul Pimentel; Blaney McMurtry LLP;
August 29, 2014, previously published on August 26, 2014Like the Corruption of Foreign Public Officials Act (“CFPOA”) and U.S. Foreign Corrupt Practices Act (“FCPA”), the UK’s Bribery Act 2010 (“UKBA”) has extra-territorial application. It also has unique offences and is considered more stringent than either the...
|Anti-Corruption Compliance Stalls, Despite Aggressive Enforcement|
Paul Pimentel; Blaney McMurtry LLP;
August 29, 2014, previously published on August 26, 2014Anti-corruption compliance efforts appear to be stalling, despite an increase in enforcement actions. According to a global fraud survey conducted by auditing firm Ernst & Young, the percentage of companies that have anti-bribery/anti-corruption policies has increased by only 1% over the past...
|A Costly Choice (of Law): Determining the Damages Available for an Extra-Territorial Tort|
Brooke MacKenzie; McCarthy Tétrault LLP;
August 25, 2014, previously published on August 13, 2014The recent UK Supreme Court decision in Cox v Ergo Versicherung AG,  UKSC 22, provides helpful commentary and a potentially persuasive precedent for Canadian courts on issues of choice of law, the distinction between substance and procedure in the conflict of laws, and legislative...