News & Analysis as of

Trump Administration Foreign Corporations

Axinn, Veltrop & Harkrider LLP

Can You Ever Come Back from a Presidential Block? The Latest in the Nippon Steel/U.S. Steel Saga

When former President Biden blocked the acquisition by Nippon Steel of U.S. Steel in January on national security grounds, many assumed that was the end for a transaction that would have combined a Japanese powerhouse company...more

Miller Canfield

Trump Administration Opens the Door to Double-Tax-Rate Penalty on Foreign Companies and Individuals

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As part of its “America First Trade Policy,” the White House is exploring an arcane IRS provision that allows the United States to double the tax rates of foreign companies and individuals....more

Morrison & Foerster LLP

Trump Administration Continues Its Aggressive Approach Toward Chinese Military Company Sanctions

Former US President Trump during his term of office only a week, before the release of its 13959 No. Executive Order ( "Executive Order") has been modified . The previous executive order prohibits Americans from investing in...more

Morrison & Foerster LLP

Holding Foreign Companies Accountable Act Expected To Make U.S. Exchanges Less Hospitable To Chinese Companies

On December 2, 2020, the U.S. House of Representatives passed, by unanimous vote, the Holding Foreign Companies Accountable Act (“HFCAA” or “Act”). Following enactment, foreign issuers, especially Chinese issuers, and their...more

Holland & Knight LLP

U.S. Government to Take Actions Against U.S.-Listed Chinese Companies

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President Donald Trump on June 4, 2020, issued the Presidential Memorandum on Protecting United States Investors from Significant Risks from Chinese Companies. It directs the President's Working Group on Financial Markets...more

Orrick, Herrington & Sutcliffe LLP

U.S. Targets Additional Iranian Sectors for Sanctions: Broadly Increasing Exposure for Non-U.S. Companies

With new Iran-related sanctions, the U.S. government is making good on threats to give third-country companies a choice – participate in the U.S. market or participate in the Iranian market. ...more

Lowndes

Treasury Strips Away Obama Administration Earnings Stripping Rules

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In 2016, the Obama administration issued a series of rules and regulations designed to stem the flow of corporate inversions – transactions where U.S. corporations moved offshore to avoid the high 35% U.S. corporate tax rate....more

Jones Day

Jones Day Talks: Trump Administration Allows Private Parties to Sue Under Helms-Burton Act for Assets Seized in Cuba

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Breaking more than two decades of precedent, the Trump Administration has allowed the suspension of Title III of the Helms-Burton Act to lapse, thereby enabling eligible individuals and companies to file lawsuits in U.S....more

Alston & Bird

The Revival of Title III of the Helms–Burton Act and the Increased Risk of U.S. Lawsuits Against Companies Doing Business in Cuba

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Our International Trade & Regulatory Group explores the turbulence the Trump Administration has caused by reviving the Helms–Burton Act....more

Troutman Pepper Locke

United States to Allow Lawsuits Arising from Property Confiscated in Cuba

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Beginning May 2, 2019, U.S. Nationals may bring lawsuits in the United States against traffickers in property confiscated by the Cuban government. During the Clinton Administration, the United States enacted the Cuban...more

Pillsbury - Global Trade & Sanctions Law

U.S. State Department Implements Title III of Helms-Burton Act Permitting Lawsuits Over Seized Properties in Cuba

On April 17, 2019, the Trump Administration announced that it will allow U.S. citizens whose property was seized by the Cuban Government after 1959 to sue foreign companies that “traffic” in their confiscated property....more

Akerman LLP

Helms-Burton Title III Comes To Life

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For the first time in 23 years, the United States government announced on April 17, 2019, its intention to activate Title III of the Cuban Liberty and Solidarity Act of 1996, popularly known as Helms-Burton. This...more

Searcy Denney Scarola Barnhart & Shipley

Law Affecting Cuban Property May Result in the Return of Hundreds of Thousands of Stolen Property

All eyes should be on a recently enacted provision of an old law that could result in cases filed by flocks of Cuban nationals trying to reclaim property seized during Fidel Castro’s takeover of the island. U.S. Secretary...more

Sheppard Mullin Richter & Hampton LLP

The New Suits of Havana: How Non-U.S. Companies May Soon Be Sued for Their Business in Cuba

Picture your company being hauled into U.S. court to defend litigation for your Cuba business that is lawful in your home country. That is the scenario that the Trump administration and Cuba hawks in Congress are aiming to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcement Focus on China: What Companies Should Do to Be Prepared

On January 29-30, 2019, Skadden and Han Kun Law Offices co-hosted two seminars — first in New York, then in Washington, D.C. — titled “Enforcement Focus on China: What Companies Should Do to Be Prepared.” Topics included the...more

Jones Day

FCPA 2018 Year In Review

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Under the second year of the Trump Administration, the biggest story was the increase of corporate declinations one year after the DOJ adopted a permanent FCPA policy incentivizing self-disclosure, cooperation, and...more

Jones Day

U.S. Antitrust Agencies Introduce Reforms to Speed Up Merger Reviews

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The Trump Administration leadership at the U.S. Department of Justice and Federal Trade Commission have announced reforms regarding merger reviews. This Jones Day White Paper reviews these reforms and their strategic...more

The Volkov Law Group

Iran Sanctions And Third Party Risk

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United States businesses are experiencing a sanctions whipsaw.  Since 1979, the President has issued twenty-six Executive Orders restricting trade and commerce with Iran. ...more

Foley & Lardner LLP

Recent Enforcement Actions Demonstrate Multinational Automotive Companies Should Conduct Risk Assessments

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Regulators within the Trump administration have sent a loud message that should concern all multinational automotive companies: laws governing international activities continue to be the subject of intense enforcement...more

Skadden, Arps, Slate, Meagher & Flom LLP

Impact of US Tax Reform on Insurance Companies

On December 22, 2017, President Donald Trump signed into law a budget reconciliation act commonly referred to as the Tax Cuts and Jobs Act (TCJA). This sweeping tax bill represents the most comprehensive reform of U.S. tax...more

Orrick, Herrington & Sutcliffe LLP

Tax Act Hit to U.S. Taxpayers with Equity Ownership (Even Indirect Minority Ownership) in Foreign Entities with Unremitted...

On December 15, 2017, Congress released its final version of tax reform – the Conference Report Bill (the Bill). The Bill was signed into law by President Trump on December 22, 2017....more

Holland & Knight LLP

Main Effects of U.S. Tax Reform on Foreign Taxpayers

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President Donald Trump signed the U.S. tax reform bill previously entitled the Tax Cuts and Jobs Act into law on December 22, 2017, enacting comprehensive U.S. tax reform with most provisions becoming effective starting on...more

Orrick, Herrington & Sutcliffe LLP

Impacts on Foreign Operations That Affects Wholly-Owned and Majority Subsidiaries, And Potentially Minority Owned Stakes As Well

Summary: - On December 15, Congress released its final version of Tax Reform – the Conference Report Bill (the Bill). The Bill was signed into law by President Trump on December 22. ...more

A&O Shearman

House Passes Tax Cuts and Jobs Act: How the Senate Proposal Compares

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On November 2, 2017, the House Ways and Means Committee (the “House Committee”) released its plan for comprehensive tax reform: the “Tax Cuts and Jobs Act of 2017” (H.R. 1) (the “House Bill”). Following a week of hearings,...more

Jones Day

House of Representatives Releases First Draft of Tax Reform Bill

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The Situation: On November 2, 2017, the House Ways and Means Committee released its first draft of much-anticipated comprehensive U.S. tax reform legislation as the "Tax Cuts and Jobs Act." Chairman Brady’s markup of the bill...more

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