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Features

Foreigners Can Use Trump’s Policies As Defense to Extradition Image

Foreigners Can Use Trump’s Policies As Defense to Extradition

Robert J. Anello & Richard F. Albert

One defense that foreign courts have given substantial weight when evaluating a request for extradition to the United States is the risk of inhumane or unfair treatment, including the denial of substantive or procedural rights, as well as the conditions and length of punishment an extradited person faces if convicted. The administration’s resistance to complying with federal court orders taking the contrary view may provide further support.

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SEC Enforcements Highlight Risk of Noncompliance Image

SEC Enforcements Highlight Risk of Noncompliance

John G. Moon & Kenneth M. Silverman

he vast amount of cross-border investment in the U.S. securities market and the SEC's ever-evolving reporting structure compels foreign investor compliance teams and U.S. securities counsel to stay informed of potential reporting responsibilities and keep abreast of developments in the law.

Features

Watch Out, GCs — Regulators Using FCPA to Probe for Bribery Image

Watch Out, GCs — Regulators Using FCPA to Probe for Bribery

Maria Dinzeo

Many countries where American companies do business have an array of business practices and customs that might be frowned upon in this country, but whether they cross the sometimes-blurry lines of legality isn't always clear. The club enforcers wield is the Foreign Corrupt Practices Act.

Features

Generative AI and the 2024 Elections: Risks, Realities, and Lessons for Businesses Image

Generative AI and the 2024 Elections: Risks, Realities, and Lessons for Businesses

George Vlatso & Joshua Tucker

GenAI's ability to produce highly sophisticated and convincing content at a fraction of the previous cost has raised fears that it could amplify misinformation. The dissemination of fake audio, images and text could reshape how voters perceive candidates and parties. Businesses, too, face challenges in managing their reputations and navigating this new terrain of manipulated content.

Features

Is FEPA As Impactful As It Was Promised to Be? Image

Is FEPA As Impactful As It Was Promised to Be?

Christopher T. Zona

FEPA, which amends the federal domestic bribery statute has been touted by some as "the most sweeping and consequential foreign bribery law in nearly half a century." But will it end up being an influential force combatting corruption or a paper tiger?

Features

IOC and Paris Attorneys Combatting Trademark Abuse at the Olympics Image

IOC and Paris Attorneys Combatting Trademark Abuse at the Olympics

Rick Mitchell

As the Paris Olympic Games get underway, trademark attorneys for the International Olympic Committee and Paris organizing committee will be working to protect the Olympic brand.

Features

Courts Split Over Requirement for Chapter 15 Jurisdiction In the U.S. Image

Courts Split Over Requirement for Chapter 15 Jurisdiction In the U.S.

Daniel A. Lowenthal

If a foreign debtor doesn't reside in, have a domicile or place of business in, or have property in the U.S., can the foreign representative of the debtor utilize Chapter 15 to obtain discovery to use in the foreign proceeding?

Features

Worldwide Regulations Increasing Compliance Challenges Image

Worldwide Regulations Increasing Compliance Challenges

Chris O'Malley

Regulators worldwide — not just in the United States — are putting in place new programs and policies that will make steering clear of enforcement bunkers even more difficult. And one of the most worrisome, according to corporate attorneys, is a new DOJ pilot program that will provide stronger incentives for whistleblowers to rat out their co-workers and employers for misconduct.

Features

China Finalizes New Regulations to Relax Personal Data Exports from China Image

China Finalizes New Regulations to Relax Personal Data Exports from China

Lindsay Zhu, Scott Warren, Haowen Xu & Charmian Aw

Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.

Features

Early Impact of the CHIPS Act Image

Early Impact of the CHIPS Act

Reid Knabe & Bita Rahebi

This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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