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In September, the SEC adopted final rule amendments related to certain new bad actor disqualification events. These new bad actor disqualification events now trigger disclosure obligations to potential investors and the possible loss of the “accredited investor” exemption in Rule 506 of Regulation D for offers and sales of securities.
Topics: Administrative Law, Business Organizations, Capital Markets / Securities Law / Commodity Trading,
While preparing the defense in a foreign criminal investigation against a Swiss resident, foreign and Swiss attorneys as well as their client may become involved in criminal investigations in Switzerland based on their potential violation of Swiss rules of criminal law whose scope of application is not well defined and may appear somewhat unusual, in particular to foreign attorneys.
Topics: Litigation (Civil, Business and Commercial), Criminal Law / White Collar Crime,
On 1 January 2014, the new Civil Code and the Business Corporations Act will take place. It brings the possibility for a company to be a member of the statutory body of another company. This Article concerns some of the new features which this concept brings, such as acting on behalf of company who is a statutory body in another company, requirements with which the company has to comply and etc.
Topics: Business Organizations,
Last year, a decision came from the United States District Court for the District of Rhode Island where several tobacco companies challenged the constitutionality of two local ordinances. The lawsuit sought to overturn two Providence, Rhode Island, ordinances, which ban certain promotional discounts and severely restrict the sale of flavored tobacco products.
Topics: Administrative Law, Commercial Transactions and Finance / Consumer Transactions,
This article addresses certain issues relating to foreign insurers conducting unlicensed insurance in Canada, a few years after the federal regulator issued clarifications regarding the circumstances in which federal licensing is required.
Topics: Commercial Transactions and Finance / Consumer Transactions, Insurance,
"A new alternative market to stimulate access to borrowing for companies and to provide an opportunity for qualified investors to invest in fixed income securities of SMEs with good business prospects"
Topics: Capital Markets / Securities Law / Commodity Trading,
Few U.S. Supreme Court consumer protection cases over the past year were as closely watched and anxiously anticipated as Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Squarely at issue in Mount Holly was whether unintentional discrimination is prohibited by federal consumer protection laws. However, when news broke that the parties had settled the case, it was clear that the Supreme Court would lose this chance to weigh in on the viability of disparate impact theory, which also...
Topics: Administrative Law, Litigation (Civil, Business and Commercial), Commercial Transactions and Finance / Consumer Transactions,
Despite recent amendments to the income tax treaty between Canada and the United States that were intended to provide relief in respect of hybrid entities with cross-border investments and operations, the Canada Revenue Agency continues to deny – incorrectly in our view – the benefits of the reduced branch profits tax rate provided for thereunder in the case of fiscally transparent US limited liability companies with non-corporate, treaty-eligible members...
Topics: Taxation,
The state and local tax ramifications of digital economy transactions (buying and selling of cloud computing services, electronic payment processing, etc.) are incomplete, ambiguous, and evolving. This Article highlights a few key state and local tax issues that businesses should consider when buying or selling products in the digital economy and negotiating contracts for those transactions.
Topics: Taxation, Commercial Transactions and Finance / Consumer Transactions, Cyberspace Law / E-Commerce / Internet Law,
Canada’s Supreme Court has recently confirmed that there is a sound legal basis to enforce commercial restrictive covenants negotiated in the transactional context. While this decision arose from a case in the province of Quebec, the impact of the ruling is arguably important to businesses across Canada.
Topics: Commercial Transactions and Finance / Consumer Transactions, Employment / Labor Law,
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