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    The Truth about Dishonesty in Fraudulent Trading under English Law
    2019-10-15

    Summary

    Case:Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch)(23 May 2019)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Trade & Customs, Morrison & Foerster LLP, HM Revenue and Customs (UK), Insolvency Act 1986 (UK)
    Authors:
    Howard Morris , Sonya L. Van de Graaff , Edward Downer
    Location:
    United Kingdom
    Firm:
    Morrison & Foerster LLP
    OFAC Extends Expiration Date of General License Related to Nynas AB as Part of Proposed Restructuring
    2020-04-05

    On April 3, 2020, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) re-issued and extended General License No. 13E (“GL 13E”) to continue the validity period for transactions concerning Nynas AB and its subsidiaries (“Nynas”) that otherwise would be prohibited under Executive Order 13850 or Executive Order 13884 given Nynas’s 50% indirect ownership by Petróleos de Venezuela S.A. (“PdVSA”).

    Filed under:
    USA, Insolvency & Restructuring, Trade & Customs, Baker McKenzie, Office of Foreign Assets Control (USA)
    Authors:
    Nicholas F. Coward , Alexandre (Alex) Lamy
    Location:
    USA
    Firm:
    Baker McKenzie
    CARES Act: Implications for Businesses
    2020-03-28

    The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a roughly $2 trillion coronavirus response bill signed into law yesterday, is intended to provide widespread emergency relief for Americans and the country’s economy. In addition to its benefits for individuals, the bill provides aid for small businesses, large corporations, hospitals and public health agencies, and state and local governments.

    Filed under:
    USA, Banking, Company & Commercial, Employee Benefits & Pensions, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Non-profit Organizations, Shipping & Transport, Tax, Trade & Customs, Thompson Hine LLP, General contractor, Coronavirus, Tax Cuts and Jobs Act 2017 (USA), SECURE Act 2019 (USA), Families First Coronavirus Response Act 2020 (USA), CARES Act 2020 (USA)
    Authors:
    Frank D. Chaiken , Patrick Abell , Jeffrey R. Appelbaum , Katherine D. Brandt , Mark A. Conway , Riccardo M. DeBari , Tarnetta Jones , Alexis J Kim , Michelle Li , Francis E. Purcell, Jr. , Curtis L. Tuggle , Jason D. Tutrone , David Whaley , M. Scott Young
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Doing Business in the United States 2020
    2020-03-13

    The Labor and Employment Group at Hogan Lovells is proud to have contributed to the 2020 version of the firm’s Doing Business in the United States Guide. The Guide provides a high-level overview of the laws and practices important to foreign investors interested in operating in the United States, including recent legal developments.

    Filed under:
    USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Patents, Public, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Value added tax, Board of directors, Limited liability company, Limited liability partnership, Money laundering, Sexual harassment, Age discrimination, Internal Revenue Service (USA), Occupational Safety and Health Administration (USA), Federal Trade Commission (USA), Office of Foreign Assets Control (USA), Financial Crimes Enforcement Network (USA), US Department of the Treasury, Foreign Investment Review Board, US DoJ Antitrust Division, Committee on Foreign Investment in the United States, NAFTA, Bureau of Economic Analysis, Civil Rights Act 1964 (USA), Export Administration Regulations (USA), Family and Medical Leave Act 1993 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Worker Adjustment and Retraining Notification Act 1988 (USA), Pregnancy Discrimination Act 1978 (USA), Clayton Antitrust Act 1914 (USA), USA PATRIOT Act 2001, Equal Pay Act 1963 (USA), Uniform Commercial Code (USA), General Agreement on Tariffs and Trade, National Labor Relations Act 1935 (USA), USMCA
    Location:
    USA
    Firm:
    Hogan Lovells
    Doing business in the United States
    2019-07-31

    The U.S. is one of the easiest jurisdictions in the world in which to do business.1 Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more employer-friendly than in most other developed economies, and the legal system is well-developed and transparent. However, there are certain barriers to entry and challenges to doing business that should be taken into account before investing or establishing operations in the U.S. This publication provides an overview of trade control issues that could limit a non-U.S.

    Filed under:
    USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Litigation, Patents, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Money laundering, NAFTA, Export Administration Regulations (USA), USMCA
    Location:
    USA
    Firm:
    Hogan Lovells
    Congress Amends the U.S. Shipping Act, Broadening FMC Regulatory Authority
    2018-12-05

    HIGHLIGHTS:

    Filed under:
    USA, Insolvency & Restructuring, Shipping & Transport, Trade & Customs, Holland & Knight LLP
    Authors:
    J. Michael Cavanaugh , Christopher "Chris" DeLacy
    Location:
    USA
    Firm:
    Holland & Knight LLP
    District Court Dismisses Original Source’s FCA Claims as Barred by Government’s Pursuit of Penalty in Bankruptcy Proceeding
    2018-07-09

    The government action bar provides that a relator may not bring a False Claims Act (FCA) lawsuit “based upon allegations or transactions which are the subject of a civil suit or anadministrative civil money penalty proceeding in which the Government is already a party.” 31 U.S.C. § 3730(e)(3) (emphasis added). Recently, in Schagrin v. LDR Industries, LLC, No. 14 C 9125, 2018 WL 2332252 (N.D. Ill.

    Filed under:
    USA, Competition & Antitrust, Insolvency & Restructuring, Litigation, Trade & Customs, White Collar Crime, Sidley Austin LLP, False Claims Act 1863 (USA), US District Court for Northern District of Illinois
    Authors:
    Kimberly A. Dunne , James Perez
    Location:
    USA
    Firm:
    Sidley Austin LLP
    FMC Launches Investigation into Demurrage Practices
    2018-04-05

    On Monday, the Federal Maritime Commission launched the first phase of its investigation into port demurrage, detention, and free time practices, ordering vessel operating common carriers (OCCs) and marine terminal operators (MTOs) to provide information and documents explaining these practices, especially regarding circumstances where shippers are not able to retrieve cargo. A similar effort with respect to container terminals at major U.S. ports is also underway.

    Filed under:
    USA, Insolvency & Restructuring, Shipping & Transport, Trade & Customs, Adams and Reese LLP
    Authors:
    L. Cole Callihan
    Location:
    USA
    Firm:
    Adams and Reese LLP
    Federal Maritime Commission Orders Formal Investigation in Detention & Demurrage Case
    2018-03-08

    On March 5, 2018, the Federal Maritime Commission voted to launch an investigation into the detention, demurrage, and per diem charges of vessel operating common carriers and marine terminal operators. The investigation will be headed by Commissioner Rebecca Dye, who will have broad authority to issue subpoenas, hold public and non-public inquiries, and require reports.

    The key issues Commissioner Dye will investigate are:

    Filed under:
    USA, Insolvency & Restructuring, Shipping & Transport, Trade & Customs, Winston & Strawn LLP
    Authors:
    Bryant E. Gardner
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Venezuelan Debt Crisis: Serious Financial Problems Plague the South American Country
    2017-11-16

    Perhaps this is one of the first articles you’re reading about the debt crisis in Venezuela. It won’t be the last. The situation there is bad and will get worse.

    Filed under:
    USA, Venezuela, Banking, Energy & Natural Resources, Insolvency & Restructuring, Trade & Customs, Patterson Belknap Webb & Tyler LLP, Debt
    Authors:
    Daniel A. Lowenthal
    Location:
    USA, Venezuela
    Firm:
    Patterson Belknap Webb & Tyler LLP

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