Monthly Archives: January 2020

ILN Today Post

Proposed Regulations Set to Expand Authority of CFIUS

This article first appeared in the Newsletter of the International Law Section (www.ilstexas.org) of the State Bar of Texas, and is reproduced with the Section’s permission. This article was written prior to the two final regulations issued by the U.S. Department of the Treasury on January 13, 2020.

  1. Introduction: New Regulations

On September 17, 2019, the U.S. Department of the Treasury (“Treasury”) issued two proposed rules that would expand the jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”).[1] The proposed regulations are implemented pursuant to the Foreign Investment Review Modernization Act of 2018 (“FIRRMA”), which was signed into law in August 2018. If enacted, these new proposed regulations could have major implications on foreign investment and real estate transactions in the United States and investors and companies must be aware of such potential impact. Read more…

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ILN Today Post

CONTROL AND IMMIGRATION AND ANTI-DISCRIMINATION LAWS

The intersection of immigration, anti-discrimination, and U.S. export control laws can be confusing for employers. But recent settlement agreements between the U.S. Department of Justice (“DOJ”), and multinational corporations and large international law firms demonstrate that the DOJ will not tolerate employers discriminating against non-U.S. persons. This article will provide an overview of the intersection, and friction between, U.S. immigration, anti-discrimination, and export control laws and regulations. Read more…

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ILN Today Post

FEMA Overhaul and Bifurcation of Debt and Non- Debt Instruments

The Finance Act of 2015 had proposed certain amendments to the Foreign Exchange Management Act, 1999 (“FEMA”). After a long delay, the amendments have finally been notified by the Central Government on October 15, 2019. Pursuant to the notification, the Central Government issued the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“NDI Rules”) and Foreign Exchange Management (Non-debt Instruments) (Amendment) Rules, 2019 (“Amendment Rules”) (collectively referred to as “Rules”) and the RBI issued the Foreign Exchange Management (Debt Instrument) Regulations, 2019 (“Debt Regulations”) and the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019.

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DOL Issues Final Rule Addressing Joint Employer Status Under the Fair Labor Standards Act Continue Reading…

On Thursday, January 16, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register the much-anticipated Final Rule regarding joint employer status under the Fair Labor Standards Act.  This rule completes the rulemaking process initiated in early April of last year, when WHD published its Notice of Proposed Rulemaking (“NPRM”), which we discussed here.

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INSOL WORLD: The Italian Code of Business Crisis

INSOL WORLD: The Italian Code of Business Crisis
Authors: Giorgio Cherubini, Giovanna Canale Giorgio Cherubini and Giovanna Canale have published in the latest…
Giorgio Cherubini
Giovanna Canale
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It’s 2020. Responsiveness is Table Stakes for Good Relationships

For better or worse, we’re all uber-connected these days, between our desktops and our smart phones and our tablets. While many of us can and do (and probably should) take technological time outs for holidays and weekends and evenings, responsiveness is a key factor in keeping clients, potential clients, and yes, even referral sources happy when reaching out about business. And yet, it is STILL one of the most overlooked (and easiest to fix) complaints that I hear about relationship building.

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ILN Today Post

Llinks Client Alert – Antitrust

I. The State Administration for Market Regulation issues the Draft of the Revised PRC Anti-Monopoly Law (Exposure Draft);

The State Administration for Market Regulation issues the Interim Provisions of the Review of Concentration of Undertakings (Exposure Draft);

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What happens to EU trade marks after Brexit?

A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly possible), the UK’s departure will be pursuant to the New Withdrawal Agreement. Under this deal – which is currently being enshrined into UK law – 31 January 2020 will mark the beginning of an 11 month transition period, with the true exit date currently set as 31 December 2020 (Exit Day).

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ILN Today Post

Llinks Client Alert – Cybersecurity, Data & Privacy

I. Highlights

Personal Information Protection Law and Data Security Law have been included in the 2020 legislative plan.

The Cyberspace Affairs Commission (CAC) issued Provisions on Governance of Network Information Content Ecosystem.

Read more…

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Health Plan Sponsors Welcome Repeal of Cadillac Tax: Opportunities and Uncertainty Lie Ahead – SECURE Act Series

Sponsors of health plans have long known that the only constant in life is change. In 2020, that is surely to remain true.

Ding-Dong! The Cadillac Tax Is Dead!

On December 20, 2019, as part of the year-end appropriations bill, the Affordable Care Act’s (ACA) so-called 40% “Cadillac Tax” on high-cost health plans was finally, after much lobbying and other efforts by sponsors and health care payers, put to an end with a full repeal. The “Cadillac Tax” was currently scheduled to take effect in 2022 (after two delays), and would have taxed employer-sponsored plans worth more than $10,200 for “self-only” coverage and $27,500 for other coverage (in 2018 and would have been indexed for inflation in future years). The tax was initially intended to help reduce health care costs and pay for the ACA.

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