Thursday 27 December 2012

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Canadian Government Approves CNOOC's Acquisition of Nexen
Monumental US$15.1 billion acquisition results in the largest foreign acquisition by a Chinese company to date. On December 7, the Canadian government approved the acquisition of Calgary, Alberta–based petroleum company Nexen, Inc. by China...
By: Morgan Lewis
Energy And Environment Update -- December 23, 2012
In This Issue: Energy and Climate Debate; Congress; Administration; Department of Commerce; Department of Energy; Department of Interior; Environmental Protection Agency; Federal Energy Regulatory Commission; Nuclear Regulatory Commission;...
By: Mintz Levin - Environmental Law
European Commission Publishes AIFMD, Level 2, Implementing Regulation
Adoption of the regulation accelerates implementation of the Alternative Investment Fund Managers Directive throughout the EU. The European Commission adopted the long-heralded Alternative Investment Fund Managers Directive (AIFMD), level 2,...
By: Morgan Lewis
Federal Reserve Board Proposes New Oversight Of Foreign Banks
On December 14, the Federal Reserve Board (FRB) announced a proposal to strengthen its capabilities to oversee certain foreign banks that operate in the U.S. The proposed rules generally apply to foreign banking organizations with a U.S. banking...
By: BuckleySandler LLP
DOJ Announces LIBOR-Related Criminal Charges And Penalties, Regulators Announce Parallel Civil Enforcement Actions
On December 19, both federal law enforcement and U.S. and foreign regulatory authorities announced that a Japanese bank and its Swiss bank parent company agreed to pay more than $1.5 billion to resolve criminal and civil investigations into the...
By: BuckleySandler LLP
Asia Derivatives Update: Korean Banks Strong On Cap Levels; China & FX
The South Korean banking sector is already well ahead of international regulatory benchmarks for capital requirements, according to Lee Sangche, deputy chairman for international affairs at the Financial Services Commission, and Risk....
By: Shipkevich PLLC
Fifth Circuit Refuses to Enforce Mexican Reorganization Plan's Proposed Release of Non-Debtor Bond Guarantors
The Fifth Circuit recently upheld a Texas Bankruptcy Court’s refusal to enforce non-debtor third party releases in the Mexican reorganization proceeding (known as a concurso mercantil) of Mexican glass manufacturer Vitro SAB de CV. As a result of...
By: Sheppard Mullin Richter & Hampton LLP
Brussels Regulation Reforms: Key changes and their implications
The European Economic and Monetary Affairs Council has approved amendments to the Brussels Regulation (EC Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). The key changes, which...
By: White & Case LLP
News from Abroad: Speculation Invalidates Invention?
Originally published in Forresters on December 23, 2012. Over the past few years the UK patents courts have moved closer to the approach of the European Patent Office (EPO) on inventive step. In particular, the UK courts have started to...
By: McDonnell Boehnen Hulbert & Berghoff LLP
UK Public Procurement Law Digest: In-house Tender Rules for Mutuals and Shared Services
Many government entities across Europe deliver services through municipal or public-owned companies. Such entities are less common in the UK, although the issue is increasingly on the agenda, with a strong preference expressed in the UK government’s...
By: Morrison & Foerster LLP
Corporate and Financial Weekly Digest - December 21, 2012
In this issue: - Nallengara to Replace Cross as Corp. Fin. Chief - FINRA Rule Relating to Private Placements of Securities Effective December 3 - Additional Guidance on FINRA’s Suitability Rule - No-Action Relief Granted with Respect to...
By: Katten Muchin Rosenman LLP
The new security interests regime applicable in the Democratic Republic of Congo after its accession to OHADA1
By finally adhering to the OHADA Treaty and to the uniform acts promulgated thereunder (the “Uniform Acts”), the Democratic Republic of Congo (the “DRC”) has finally adopted a set of business laws which should create a more investor friendly...
By: Heenan Blaikie LLP
Recent Decision Provides Helpful Guidance on FCPA's "Wide Net"
District Court Determines that the SEC Bears the Burden of Negating the 'Facilitating' Payments Exception - On December 11, 2012, in a rare opinion interpreting the U.S. Foreign Corrupt Practices Act ("FCPA"), U.S. District Judge Keith Ellison...
By: Brownstein Hyatt Farber Schreck
U.S. Law Enforcement Authorities And Regulators Resolve Significant Money Laundering And Sanctions Investigations
On December 11, a major international bank holding company announced agreements with U.S. law enforcement authorities and federal bank regulators to end investigations into alleged inadequate compliance with anti-money laundering and sanctions laws...
By: BuckleySandler LLP
Italian rules on Debt for Italian Non-Listed Companies – Italy has passed clean-up rules concerning the issuance of corporate bonds and commercial paper
The Italian Government has approved new rules concerning the issuance of corporate bonds and commercial paper through Law Decree no. 179 of October 18, 2012 on “Further Urgent Measures for Growth of the Country”, which was converted into law (with...
By: White & Case LLP
Global Derivatives Update: ESMA And Clearing, Italy's Transaction Tax
A tax on equity derivatives transactions grew more likely in Italy this week, as the Italian Senate approved a budget containing the seeds of a Financial Transaction Tax (FTT)....
By: Shipkevich PLLC
This Week in Washington - December 14, 2012
In This Issue: - DOMESTIC POLICY MATTERS - The Fiscal Cliff Debate. On Monday, the White House presented a revised “fiscal cliff” offer to Speaker of the House John Boehner (R-Ohio) calling for $1.4 trillion in new tax revenue – a small...
By: Patton Boggs LLP
REGULATORY: UK Competition Law: Playing the Energy Game; Regulating Market Outcomes by Suzanne Rab, Derek Holt*
With the nip of winter in the air, the announcement of price increases by Britain’s largest natural gas and electricity firms raises the perennial debate about the competitiveness of energy markets. In a surprising intervention, the Chancellor urged...
By: King & Spalding
Potter Anderson Serves as Counsel to ICE in $8.2 Billion Agreement to Acquire the New York Stock Exchange
IntercontinentalExchange, Inc., an operator of global markets and clearing houses, and NYSE Euronext, a global equity, equity options and fixed income derivatives market operator, announced a definitive agreement for ICE to acquire NYSE Euronext in a...
By: Potter Anderson & Corroon LLP
Bankruptcy Abroad: US Creditors' Rights Remain Relevant in Chapter 15
With an increasing number of businesses operating without regard to borders in today’s global economy, the importance of understanding Chapter 15 — the Bankruptcy Code provisions instructing the cooperation between the United States and courts of...
By: Mintz Levin - Bankruptcy, Restructuring &
Baker & McKenzie: ASIC, APRA and RBA release Report on the OTC derivatives market
As part of the ongoing reform and investigation into Australia's OTC derivatives market the Australian Prudential Regulation Authority (APRA), Australian Securities and Investments Commission (ASIC) and the Reserve Bank of Australia (RBA) have...
By: Baker & McKenzie Australia
"Accounting Cliff" for Public Companies with Operations in China is More Like a Slope
Public companies with PRC-based auditors are facing a worrisome accounting “slope” rather than a “cliff” on December 31, 2012. If the Public Company Accounting Oversight Board (PCAOB) is not able to finish its international inspections in China by...
By: Pillsbury Winthrop Shaw Pittman LLP
European Competition Network Revises the Model Leniency Programme
The network of European antitrust regulators, the European Competition Network, has revised its model leniency programme for cartels. Major changes include a broader scope for summary applications when applying for leniency in more than three EU...
By: McDermott Will & Emery
SAFE Liberalizes Foreign Exchange Rules … Or Not? -- Two recent circulars from China's foreign exchange regulator represent a welcome move towards streamlined forex transactions
Is the State Administration of Foreign Exchange (“SAFE”) finally loosening its grip on foreign exchange transactions? Not exactly - the baseline principle of control and scrutiny over the flows of money into and out of China seems here to stay....
By: Morrison & Foerster LLP
The European Commission Adopts AIFMD Implementing Regulation
On 19 December 2012, the European Commission (the Commission) adopted implementing rules (the Regulation) for the Directive on Alternative Investment Fund Managers (the AIFMD or Directive). The Regulation supplements certain elements of the Directive...
By: Proskauer Rose LLP
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