Foreign business entities expanding into the U.S. market and needing a credit facility should become familiar with the interplay of Articles 8 and 9 of the Uniform Commercial Code. Advanced planning during the formation of a U.S. subsidiary that is a partnership or limited liability company may enhance the collateral value of the equity interests in the subsidiary, thereby strengthening the negotiating position of the foreign borrower.

The constitution Bench of the Supreme Court of India has held on 06.09.2012 that Part I of the Arbitration Act would not apply to Foreign Awards. After this judgment, Enforcement of Foreign Awards in India has become more straightforward in keeping with the objectives and the scheme of the Indian Arbitration & Conciliation Act of 1996 and the New York Convention.

A federal district court in Texas recently held that Dodd-Frank’s anti-retaliation protections for SEC whistleblowers do not apply to employees stationed abroad. Although the holding may not bind other courts, it represents an important step toward defining the scope of Dodd-Frank’s broad remedies for whistleblowers.

The European Union Parliament enacted the Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. This is a vital statutory instrument in relation to inheritance law which aims to fill in the existent gap on this area of law in the EU and also...

The French Supreme Court resolved a new issue on the subjection of a foreign company with employees in France to the obligation to implement a mandatory profit-sharing scheme. The answer is positive: a “separate firm” in France of a foreign company must create a profit-sharing reserve if it is liable to taxation in France and has at least 50 employees on French territory.

This article provides a brief overview of some insurance issues in secured lending transactions and a few issues that arise when lenders attempt to adequately protect their interests in the borrowers’ collateral.

Summary: Recent court decisions offer important practice tips for lawyers dealing with Delaware corporations, particularly if there is a controlling stockholder or conflicted director involved. Both decisions involved international companies that conducted most of their business outside the US, but were incorporated in Delaware (or controlled a company that was). One case resulted in a multi-billion dollar damages award; the other praised the board of the target company for running a model...

The European Commission has recently released a proposal for a regulation on the protection of individuals with regard to the processing of personal data. This includes changes to the current legal framework for the protection of personal data and to the requirements for the processing of personal data in the European Union. As the regulation will repeal the currently existing directive, this article concentrates on major changes and new provisions to be introduced by the regulation.

On October 17, 2012, the Ninth Circuit Court of Appeals revived Telephone Consumer Protection Act (TCPA) class action, alleging that a series of automated phone calls placed by Best Buy Stores LP, regarding its customer rewards program, were not purely informational and constituted illegal solicitations.

This article explores recent decisions from the United States Court of Appeals for the Third Circuit expanding the test for determining whether a future known or unknown liability constitutes a “claim” for purposes of the U.S. Bankruptcy Code.