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|An Update on Refund Claims for EU Withholding Tax Overpayments|
Dentons Canada LLP;
June 9, 2014, previously published on May 23, 2014In a recently reported Emerging Markets Series of DFA Investment Trust Company case (C -190/12) the European Court of Justice confirmed that investment funds based outside EU should benefit from the free movement of capital rule regarding investments in Europe (see our previous alert, Opportunity...
|Public Financing Programs: The French Chronicles|
Stephen D. Kramer; Phillips Nizer LLP;
June 5, 2014, previously published on May 19, 2014I recently read an article by a French export consultant taking the position that smaller French companies seeking to introduce their products to foreign markets should never finance their efforts with their own money, as there are so many public funds available in France to cover the costs. The...
|The Eleventh Circuit Defines "Instrumentality" of a Foreign Government under the Foreign Corrupt Practices Act|
Joanna P. Breslow Boyd, William H. Devaney; Venable LLP;
May 27, 2014, previously published on May 2014On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld the convictions of Joel Esquenazi and Carlos Rodriguez, former executives for Terra Communications, convicted of paying bribes to officials of Haiti Teleco, Haiti's state-owned telecommunications company. Esquenazi and...
|MOFCOM Issues Tentative Provisions on Standards Applicable to Simple Cases of Concentration of Business Operations In China|
Dawn (Dan) Zhang, Feiya Zhong; Greenberg Traurig, LLP;
May 23, 2014, previously published on May 20, 2014Under 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...
|CSRC Issued New Drafts of Administrative Measures on Acquisition of Unlisted Public Companies for Public Comments|
Xu Xiao; Sheppard Mullin Richter Hampton LLP;
May 23, 2014, previously published on May 14, 2014China 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“).
|Eleventh 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;
May 23, 2014, previously published on May 19, 2014The 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...
|Ukraine Update: Additional US and EU Sanctions Imposed|
Dentons Canada LLP;
May 22, 2014, previously published on May 7, 2014As 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.
|Are Foreign Sovereigns More Protected under U.S. Law than U.S. Citizens?|
Michael E. Elsner; Motley Rice;
May 7, 2014, previously published on April 28, 2014A 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...
|MOFCOM 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;
April 30, 2014, previously published on April 29, 2014On 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...
|Distribution Agreements Under International Sales Laws|
Charles V. McPhillips; Kaufman & Canoles A Professional Corporation;
April 28, 2014Unless 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,...