News & Analysis as of

Cross-Border Transactions

Katten Muchin Rosenman LLP

Confirming a Negative: CFTC Staff Issue an Advisory Clarifying When Foreign-Organized Entities Are Trading and Brokering Digital...

Derivatives market participants and exchanges can breathe a little easier now that Staff of the Market Participants Division and the Division of Market Oversight of the Commodity Futures Trading Commission (CFTC or...more

McDermott Will & Emery

CFTC Staff Letter 25-14: What Is a “U.S. Person”?

On May 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Market Participants Division and Division of Market Oversight jointly issued Staff Letter 25-14 in response to a request from SCB Limited, a Bahamas-based...more

Carey Olsen

Fraud, Asset Tracing and Recovery - Bermuda (Commercial Dispute Resolution, CDR)

Carey Olsen on

This guide explores the latest legislative, regulatory and enforcement developments in Bermuda and provides expert analysis on industry-wide topics including the local legal framework, the main stages of a fraud case,...more

Carey Olsen

Fraud, Asset Tracing and Recovery 2025 - British Virgin Islands (Commercial Dispute Resolution, CDR)

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This guide explores the latest legislative, regulatory and enforcement developments in the British Virgin Islands and provides expert analysis on industry-wide topics including the local legal framework, the main stages of a...more

Jones Day

CFTC Divisions Interpret "U.S. Person" Definition and U.S. Location Versus Foreign Location

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A 2024 CFTC enforcement action settlement that may have introduced a new test for when the Commodity Exchange Act and the agency's regulations apply on a cross-border basis concerned then-CFTC Commissioner and now Acting CFTC...more

K&L Gates LLP

Europe: Ireland Agrees Mutual Recognition of Funds Framework With Hong Kong

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The Central Bank of Ireland (CBI) and the Securities and Futures Commission of Hong Kong (SFC) entered into a Memorandum of Understanding on 14 May 2025 establishing a framework for the mutual recognition of funds (MRF)...more

Morrison & Foerster LLP

CFTC Staff Issue Interpretive Guidance on Cross-Border Definitions

The CFTC staff have issued interpretative guidance regarding the application of cross-border definitions under the CFTC’s regulatory regimes covering swaps, foreign futures and foreign options transactions, and foreign boards...more

Alston & Bird

CFTC Guidance Clarifies Non-U.S. Person Status of Certain Offshore Trading Firms

Alston & Bird on

Our Investment Funds Team examines an interpretive letter from the Commodity Futures Trading Commission (CFTC) that may help to clarify when non-U.S. firms with U.S. contacts can be considered non-U.S. persons for...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Issues Guidance on ‘US Persons’ Determinations

On May 21, 2025, the Commodity Futures Trading Commission’s (CFTC’s) Market Participants Division (MPD) and Division of Market Oversight (DMO) jointly issued a staff interpretive letter regarding cross-border definitions and...more

Foley & Lardner LLP

Lost in Translation: Key Deal Points in European vs. U.S. M&A Transactions

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After two decades practicing law in Silicon Valley and five formative years working on cross-border deals in Europe, I’ve come to appreciate the subtle (and not-so-subtle) differences in how merger and acquisition (M&A)...more

A&O Shearman

BoE speech on the digitalisation of money and assets: proposed stablecoin regulatory framework

A&O Shearman on

The Bank of England (BoE) has published a speech by Sarah Breeden, Deputy Governor for Financial Stability, at the Point Zero Forum. The subject of the speech was the digitalisation of money and assets, and in particular the...more

Foley & Lardner LLP

DOE Set to Eliminate Presidential Permit Requirement for Cross-Border Transmission Facilities and Streamline Electricity Export...

Foley & Lardner LLP on

On May 12, 2025, the U.S. Department of Energy (DOE) announced a proposal to streamline the application process for authorizations to transmit electricity from the United States to other countries (e.g., Canada and Mexico)....more

Sheppard Mullin Richter & Hampton LLP

Belgian DPA Finds Broad Tax Information Transfers to IRS Unlawful

The Belgian Data Protection Authority recently ruled that a Belgian government entity, FPS Finance, cannot transfer the personal data of “accidental Americans” to the IRS. According to the decision, the transfers needed to...more

BakerHostetler

Weekly Blockchain Blog - May 2025 #2

BakerHostetler on

U.S. Fintech Companies Announce Stablecoin Initiatives - Several major U.S. fintech companies recently announced stablecoin initiatives. In one development, Mesh, a Dubai-based digital asset startup, announced that it has...more

Pillsbury Winthrop Shaw Pittman LLP

Global Capability Centers in 2025: Key Legal and Strategic Considerations

Global Capability Centers (GCCs) have become strategic hubs for multinational corporations, financial institutions and other organizations because they can provide centralized control over high-value technology and...more

JAMS

California’s Global Rise: Insights From International Arbitration Week

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How California is shaping the future of cross-border dispute resolution and bridging legal traditions - During California International Arbitration Week (CIAW), JAMS and other leading arbitration institutions from around...more

JAMS

Across Borders and Barriers: How Culture Shapes the Law in International Legal Negotiations

JAMS on

The idea for “Across Borders and Barriers: Insights Into International Legal Negotiations” was born from years of observing what too often goes unsaid in cross-border legal practice: that most of the difficulty lies not in...more

Kelley Drye & Warren LLP

[Webinar] Trump, Trade, and Tariffs - May 14th, 12:00 pm - 1:00 pm EDT

Join Kelley Drye partners Paul Rosenthal and Jennifer McCadney for a timely webinar on the Trump administration’s sweeping new and proposed tariff programs. This session will provide insights into overlapping trade actions,...more

Holland & Knight LLP

Chapter 15 Ruling by New York Bankruptcy Court Recognizes Debtor's "Synthetic" Restructuring

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Judge Michael Wiles of the U.S. Bankruptcy Court for the Southern District of New York issued a decision earlier this year that had the effect of recognizing under Chapter 15 of the U.S. Bankruptcy Code an English Scheme of...more

A&O Shearman

FCA findings on international payment pricing transparency

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The UK Financial Conduct Authority (FCA) has published examples of good and poor practices following its review into international payment pricing transparency. Under the consumer duty, in line with the FCA's Handbook (PRIN...more

Kennedys

[Webinar] Navigating change: A shift in the legal environment and international trade for Latin America - May 20th, 1:00 pm - 2:00...

Kennedys on

Join Kennedys' US and LATAM corporate and commercial teams for an insightful webinar on the evolving legal and trade environment in LATAM on Tuesday, May 20, 2025. This session will discuss the current legal environment in...more

Bennett Jones LLP

What Does the SPAC IPO Rebound Mean for Cross-Border Deals?

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The start of 2025 has seen an uptick in special purpose acquisition company (SPAC) initial public offering (IPO) activity in the United States as the broader market grapples with political and economic volatility and...more

Hogan Lovells

Consumer Duty: UK FCA raises the bar for international payment pricing transparency

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The FCA has published the findings from its review of firms’ approach to pricing transparency when offering UK customers international money remittance and cross border payments. It highlights proactive and clear disclosure...more

Blake, Cassels & Graydon LLP

Un dossier mené à bon port : Cinq points à retenir de la restructuration transfrontalière de Red Lobster

En mai 2024, Red Lobster Management LLC (« RL Management ») et quatorze membres de son groupe, y compris Red Lobster Canada Inc. (« Red Lobster Canada ») (collectivement, « Red Lobster »), ont entamé des procédures devant la...more

Seyfarth Shaw LLP

Six Essential Tips for Foreign Military Sales Compliance for Government Contracts

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In celebration of the release of the 6th edition of the Government Contracts Compliance Handbook, we are excited to share six essential tips for ensuring compliance in government contracts in support of Foreign Military Sales...more

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