Member News

The SEC’s Aggressive Stance On Employee Agreements

In just over a six-week span, the U.S. Securities and Exchange Commission has fined three different companies for employee agreements that, in its view, could impede individuals from communicating with the commission about securities law violations. The SEC’s prioritization of this issue, combined with its incredibly expansive interpretation of its rule, places companies at a heightened risk of SEC scrutiny based on standard employee, consultant, vendor, confidentiality, separation and other agreements. SEC Rule 21F-17 provides that “No person may take...

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Member News

James D. Rosener Named President of Corporate Law and Mergers and Acquisitions Commission for UIA

  James D. Rosener, a partner with Pepper Hamilton, head of the firm's International Practice Group and managing partner of the New York office, has been named as President of the Corporate Law and Mergers and Acquisitions Commission of the Union Internationale des Avocats / International Association of Lawyers (UIA). The UIA boasts more than two million members from over 120 countries. The organization is open to lawyers around the globe and its members include legal professionals, judges, law students and teachers. Part of...

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Member News

FCC Orders Far-Reaching New Privacy and Data Security Rules

As expected, the Federal Communications Commission (FCC) has handed down sweeping new privacy and security rules for Internet service providers (ISPs). On Thursday, October 27, 2016, a sharply divided commission voted to enact these new rules, which impose strict new requirements for ISPs' collection, use, sharing, and protection of their customers' information, including information ISPs receive about their customers' geolocation and online activities. Consequently, ISPs will soon be subject to heightened notice and consent requirements for activities such as behavioral...

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Member News

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY2018 in April 2017

U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2018 (FY2018) starting in April of 2017 (April 1, 2017 falls on a Saturday, so USCIS will accept cap-subject petitions for the year starting on the following business day, Monday, April 3, 2017). Employers may want to begin identifying current and future employees who may require new H-1B visas to work in the United States. Individuals currently holding F-1 student...

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Member News

News Update Netherlands – EU

Tax Rulings and state aid: an update On 19 September 2016, the Commission opened another in-depth investigation in a tax-related matter, namely into Luxembourg's tax treatment of the GDT Suez Group (now Engie). The Commission is concerned that several tax rulings may have given GDF Suez an unfair advantage over other companies, in breach of EU state aid rules. The tax rulings appear to treat the same financial transaction between companies of GDF Suez in an inconsistent way, both as...

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Member News

CMS European Real Estate Deal Point Study 2016

2015 was another record year, with the deal value of the European investment market reaching an unprecedented high of almost EUR 250bn. Highest growth was in Germany, where deal values were almost EUR 55bn. At around 30%, Europe's share of the global real estate investment market remained broadly unchanged. As the present year progresses, we see the greatest migration to Europe for a century across a fragile Schengen zone, interest rate rises in the US, a US presidential election with...

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Chapter News

EUR 1 billion mark reached as the EU steps up support for micro-entrepreneurs

Since the EU started its microfinance initiatives, more than 100 agreements have been signed with microfinance providers, to support over 100,000 micro-entrepreneurs in 23 EU member states. This cooperation between the European Investment Fund (EIF), the European Commission, and microfinance providers aims to mobilise over EUR 1 billion of microfinance loans for micro-borrowers across the EU under Progress Microfinance and the EU Programme for Employment and Social Innovation (EaSI). Target borrowers include unemployed micro-entrepreneurs, young self-employed, minority groups, women and...

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Chapter News

Transport Scoreboard 2016: the EU at work to strengthen the internal market

Today, the European Commission published the 2016 edition of the "EU Transport Scoreboard", a benchmark which compares how Member States perform in 30 categories covering all aspects of transport. The objective of the Scoreboard is to help Member States identify areas requiring priority investment and action.  It shows how the EU further deepens the internal market in transport and promotes the shift towards low-emission mobility, two priorities of the Juncker Commission. EU Commissioner for Transport Violeta Bulc said "My objective is to have a high...

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Chapter News

Breaking the vicious circle

Nicolas Verón argues that EU banking union can only be complete if the vast amount of domestic sovereign debt held by many banks is reduced The eurozone’s banking union has moved from vision to reality in a short period of time, with the European Central Bank now an established supervisory authority for the area’s large banks. This has already made a big difference to the many national banking champions that local supervisors had been treating with kid gloves. But the banking...

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Member News

Modernisation of Luxembourg Company Law: Redemption of shares

The Act of 10 August 2016 (the "Act"), modernising the Luxembourg Companies Act of 10 August 1915 as amended, introduces a formal legal basis for both the redemption of shares and the issuance of redeemable shares by a SARL. The Act also amends certain provisions regarding the redemption of shares by an SA. The amended rules will facilitate the implementation of management incentive plans and the buy-back of shares by listed companies. Redemption of a SARL's shares The issuance of redeemable...

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