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|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...
|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“).
|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...
|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,...
|Chinas Energy Revolution|
Dentons Canada LLP;
April 23, 2014, previously published on April 17, 2014Emerging 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...
|India’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;
April 21, 2014, previously published on April 2014In 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...