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HTMLCSRC Issued New Drafts of Administrative Measures on Acquisition of Unlisted Public Companies for Public Comments
Xu Xiao; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 14, 2014
China Securities Regulatory Commission (the “CSRC”) issued a notice on May 9, 2014 to seek public comments for the Administrative Measures on the Acquisition of Unlisted Public Companies (Draft for Comment) (hereinafter referred to as the “Acquisition Measures“).


HTMLMOFCOM Issues Tentative Provisions on Standards Applicable to Simple Cases of Concentration of Business Operations In China
Dawn (Dan) Zhang, Feiya Zhong; Greenberg Traurig, LLP;
Legal Alert/Article
May 23, 2014, previously published on May 20, 2014
Under the People’s Republic of China (PRC) Anti-Monopoly laws, concentrations of business operations through mergers or acquisitions that exceed certain standards (summarized below) must comply with the filing procedures of the Anti-Monopoly Bureau of the Ministry of Commerce or MOFCOM (the...


HTMLEleventh Circuit Is First US Appeals Court to Define “Instrumentality” of a Foreign Government Under the Foreign Corrupt Practices Act
Vincent J. Connelly, J. Gregory Deis, Kelly B. Kramer, William Michael, Laurence Urgenson; Mayer Brown LLP;
Legal Alert/Article
May 23, 2014, previously published on May 19, 2014
The US Court of Appeals for the Eleventh Circuit has provided useful guidance on the meaning of the term “instrumentality” as used in the Foreign Corrupt Practices Act (“FCPA”). In a landmark decision released on May 16, the court established the criteria for when companies...


HTMLUkraine Update: Additional US and EU Sanctions Imposed
Dentons Canada LLP;
Legal Alert/Article
May 22, 2014, previously published on May 7, 2014
As the events in Ukraine and Russia continue to unfold, the reaction by the US and the EU, including imposing sanctions, will impact individuals, businesses, and entire sectors.


HTMLAre Foreign Sovereigns More Protected under U.S. Law than U.S. Citizens?
Michael E. Elsner; Motley Rice;
Legal Alert/Article
May 7, 2014, previously published on April 28, 2014
A troubling pattern is emerging in which the U.S. government stands for the rights of foreign sovereigns in opposition to its own citizens. The latest example is Republic of Argentina v. NML Capital Ltd. which was argued before the Supreme Court on Monday, April 21. Argentina defaulted on bonds...


Adobe PDFMOFCOM Introduces Trial Procedure for Notification of Simple Concentrations
Hannah C. L. Ha, Yuanjie He, John M. Hickin, Philip F. Monaghan, Wendy Y. S. Thian; Mayer Brown JSM;
Legal Alert/Article
April 30, 2014, previously published on April 29, 2014
On 18 April, China’s Ministry of Commerce (MOFCOM) introduced a trial framework for the notification of simple concentrations or mergers. The Guidelines on the Notification of Simple Cases of Concentrations of Undertakings (Simplified Notification Guidelines) establish a procedural structure...


HTMLDistribution Agreements Under International Sales Laws
Charles V. McPhillips; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
April 28, 2014
Unless specifically disclaimed by agreement of the parties, most sales contracts entered into by U.S. companies to export or import goods are governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG). With the exception of the United Kingdom and Hong Kong,...


HTMLChinas Energy Revolution
Dentons Canada LLP;
Legal Alert/Article
April 23, 2014, previously published on April 17, 2014
Emerging economies, especially China, will have a particularly significant impact on world energy both in terms of scale and pace. In terms of scale, China’s population is larger than the combined populations of the US, Canada, the EU and Russia. In terms of pace, China is expected to install...


HTMLIndia’s New Corporate Social Responsibility Requirements - Beware of the Pitfalls
Theodore T. Chung, Karen P. Hewitt, Glyn Powell, Sumesh Sawhney, Sheila L. Shadmand; Jones Day;
Legal Alert/Article
April 21, 2014, previously published on April 2014
In August 2013, the Indian parliament passed the Indian Companies Act, 2013 (the "New Act"), which has replaced the Companies Act of 1956. The New Act has made far-reaching changes affecting company formation, administration and governance, and it has increased shareholder control over...


HTMLDemocratic Republic of Congo: Now Is the Time to Make DRC Companies Compliant with OHADA Corporate Law
Denis Bandet, Hervé Castelnau, Thibaut Kazemi, Laurent Vandomme; Jones Day;
Legal Alert/Article
April 21, 2014, previously published on April 2014
With a view to improving its business and investment climate, the Democratic Republic of Congo ("DRC") joined the Organization for the Harmonization of Business Law in Africa ("OHADA") on September 13, 2012, thereby becoming the 17th Member State of this international...


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