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Entries tagged “Business”

Changes in Tax Policy in Europe Will Impact U.S. Companies in the Digital Economy

Insight Claudio Palmieri Claudio Palmieri · Stephen Díaz Gavin Stephen Díaz Gavin · November 26, 2017
The increasingly digital nature of the world economy is changing not only models of commerce, but also how governments seek to tax economic activity that is conducted over the Internet.  How does the government of country Y tax the company that is physically located in country X, sells goods or services in country Y and then declares its

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AT&T’s Multibillion Dollar Purchase of Time Warner Might Fail for Not Involving FCC

Insight Stephen Díaz Gavin Stephen Díaz Gavin · November 21, 2017
Last year, AT&T proposed an acquisition of Time Warner under which AT&T will acquire Time Warner in a stock-and-cash transaction valued at $107.50 per share. The two parties had structured the deal so that no airwave licenses would be transferred, thus avoiding review by the FCC. However, by avoiding the public scrutiny of

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Chaos Sparks Corporate Exit from Catalonia

Insight Stephen Díaz Gavin Stephen Díaz Gavin · October 23, 2017
Spain’s central government has now invoked Article 155 of the Spanish Constitution to take control from the secessionist-oriented government in the region of Catalonia.  The executive of the Catalonian regional government will be replaced, the regional police and finances will be controlled from Madrid and regional elections will be

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Third Circuit SemCrude Decision Impacts Oil Producers and Purchasers

Insight Douglas J. Schneller Douglas J. Schneller · September 04, 2017
Applying Delaware law, the United States Circuit Court of Appeals for the Third Circuit issued a ruling that will significantly affect the rights of upstream producers of oil and gas and secured creditors generally. The court determined that upstream oil producers did not have automatically perfected security interests in oil they sold

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No Certainty in Future of Privacy Shield as Transatlantic Consultations Set to Begin

Insight Stephen Díaz Gavin Stephen Díaz Gavin · Claudio Palmieri Claudio Palmieri · August 08, 2017
Differences between the U.S. and the EU regarding transfers of Personal Data continue to haunt relations between the two trade giants. Commerce between the U.S. and EU depends on the ability to engage in regular transfer of data.  The Privacy Shield agreed to only last year by the EU and the US was intended to provide companies on both sides

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Insolvency of Alitalia Puts Creditors on Notice to Make Claims

Insight Douglas J. Schneller Douglas J. Schneller · Emma R. Larson Emma R. Larson · Stephen Díaz Gavin Stephen Díaz Gavin · Claudio Palmieri Claudio Palmieri · July 20, 2017
The May 2, 2017 bankruptcy filing for Alitalia might be the end of the journey for the troubled Italian flag carrier, but creditors in the U.S., Italy and elsewhere might still have a ticket to recover some claims. Alitalia has now also filed for bankruptcy protection in the U.S. under Chapter 15 of the Bankruptcy Code. Chapter 15 was added

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Maintaining Your Legal Entity Identifier (LEI) Just Got More Invasive

Insight Robin Powers Robin Powers · James Ballard James Ballard · July 17, 2017
Global Market Entity Identifier Utility (GMEI), an LEI issuer, is now requesting information relating to the parents of its registered entities.  The past information collected on an LEI entity, which consisted of self-identifying information, is known as “Level 1 Data.”  The additional information now being requested is

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First Circuit: Bankruptcy Court “Retention of Jurisdiction” Provision Requires More Than Mere Words

Insight Douglas J. Schneller Douglas J. Schneller · July 11, 2017
The First Circuit recently ruled that the bankruptcy court lacked the authority to adjudicate disputes under a contract because there was no “arising under,” “arising in” or “related to” jurisdiction — in spite of the fact that the contract itself, previously approved by the bankruptcy court, included a

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Clarification Regarding the Interplay Between the DOL’s Plan Asset and Fiduciary Definition Regulations

Insight Thomas M. White Thomas M. White · June 21, 2017
If a plan investment in a vehicle is not covered by the plan asset regulation, is a person who recommends that investment a fiduciary to ERISA plans? Read more here > This clarification is a supplement of Mr. White's previous article: DOL’s New Fiduciary Definition and the Marketing of Hedge Funds The Department of

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Client Alert: DOL’s New Fiduciary Definition and the Marketing of Hedge Funds

Insight Thomas M. White Thomas M. White · June 09, 2017
The Department of Labor has adopted a modified definition of what investment advice makes a person an ERISA fiduciary.  The new definition is broader than the one it replaces and hedge fund managers need to be aware of the new running rules when they market their funds if fiduciary status is to be avoided. Learn more about this new rule's

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