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Who’s the Boss? The CFIUS “Control” Definition for Global Venture Capital Funds

My VC Fund has U.S. and non-U.S. General Partners, will I need to file CFIUS declarations for every investment I want to make in tech, in infrastructure, or in a company with customers’ personal data? This is a critical question at the fore of concerns for diversified investment funds with foreign-person directors. There are more … Continue Reading

One Higher Ed Requirement To Know Now

The U.S. Department of Education is just now starting to pay attention to a reporting requirement in the Higher Education Act (HEA) that harkens back to the 1980s. Penalties for failure to properly report can be stark, including imprisonment. While this Administration’s Education Department has typically engaged with the higher education community, its responses to … Continue Reading

The U.S. Government Investigates U.S. Universities Participating in the “Confucius Institutes” Program

In July, the U.S. Department of Education Notices of Investigation to four U.S. universities seeking information on the “Confucius Institutes” operating on their campuses. The investigations center on provisions of the Higher Education Act requiring reporting of certain foreign gifts. But the investigations are part of a larger U.S. national security initiative to address foreign … Continue Reading

ICE May Visit Your Company or University Campus – a Quick Checklist and Guidance

Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite.” Nonetheless, it is helpful for employers and other stakeholders to know what the required protocols and duties are if ICE shows up, employee rights, and … Continue Reading

Confused by the Evolving Travel Ban? Here’s a Cheat Sheet with the Latest Guidance

While the Travel Ban continues to move up and down the federal court system, here are the latest rules governing travel for citizens of the affected countries as a result of the U.S. Supreme Court’s lifting of the lower courts’ injunctions on December 4, 2017, a December 22 ruling by the Ninth Circuit invalidating the … Continue Reading

Predicting the Unpredictable: Practical Steps for International Business Under the Trump Administration

“We must distinguish between the unlikely and the impossible.” – P.G. Wodehouse President Trump’s successive executive orders restricting immigration caught many people off guard, and many businesses had to scramble to react. But we propose that predicting the future is not as challenging under the new Administration as it may sometimes seem. For example, if … Continue Reading

Top 12 EU Legal Developments to Watch in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your corporate and commercial strategies. Our predictions include:… Continue Reading

A Surge In Populism: Dangers To Transnational Trade In The Americas And Reasons For Hope

The ongoing presidential election in the United States has underscored a move against free trade by both of the main political parties.  This article briefly summarizes some of the proven benefits of free trade and juxtaposes these with the stated positions of the Democratic and Republican parties in the pending presidential election.  The article also … Continue Reading

Are You Within Reach of Anti-Money Laundering Enforcement? The Tentacles of Money Laundering Schemes Affect Real Estate Investors Worldwide

The U.S. Treasury Department has signaled the latest focus of its enforcement: real estate ventures with ties to money laundering schemes. Individual real estate investors and companies involved in luxury real estate, real estate development or investment, property management, and escrow or mortgage services around the globe should heed Treasury’s warnings.… Continue Reading

In Wake of Panama Papers Scandal Obama Calls for Stricter Bank Regulations, Tax Rules

In a news conference today President Obama addressed rules and proposed regulations announced Thursday intended to help the U.S. fight tax evasion and other crimes connected to anonymous offshore companies and accounts.  The announcements come after a month of intense review by the administration following the first release of the so-called Panama Papers, millions of … Continue Reading

New EU Rules on Disclosure of Ultimate Beneficial Owners

On June 5, new EU’s anti-money laundering (AML) rules, namely the Fourth EU Anti-Money Laundering Directive (“4AMLD”) and a new Regulation on the information accompanying transfer of funds were published in the Official Journal of the European Union.  Together, this legislation represents the revised EU framework on anti-money laundering and terrorist financing. Member States have … Continue Reading

Mandatory Reporting of Foreign Direct Investments in the U.S.

Overview The Department of Commerce’s Bureau of Economic Analysis (BEA) has reinstated the mandatory reporting requirements of the BE–13, Survey of New Foreign Direct Investment in the United States, which was discontinued in 2009 due to budget restrictions.  It is expected to result in the filings of reports from approximately 1,350 U.S. affiliates of foreign … Continue Reading

EU Strengthens Economic Sanctions Against Russia

The European Union (EU) put into effect on Friday (September 12, 2014) a new round of economic sanctions against Russia over its role in Ukraine.  The new measures include further restrictions on (i) dual-use goods and technology to specified entities; (ii) the provision of services in relation to projects regarding deep water oil exploration and … Continue Reading

Gentlemen, Start Your Engines: The Race for Riches in U.S.–EU Trade Begins with a Mandate from the European Commission

By: Reid Whitten The European Union and United States comprise 40% of global economic output and the trade relationship between them is the largest in the world. Tariffs between the two partners are already low (only 4% on average) and the long-lived peaceful commerce across the Atlantic has held on through boom and bust.  So if trade agreements aim to free up the flow of trade between regions and increase economic activity and wealth on both sides, what policy change could promise potential gains of nearly $200 billion shared between the two economies?… Continue Reading
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