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FinCEN Adds Virtual Currency to High-End Real Estate Reporting Regime

20.11.2018
On November 15, 2018, the US Financial Crimes Enforcement Network (“FinCEN”) issued revised geographic targeting orders (“GTOs”) that require US title insurance companies to identify the natural persons behind legal entities (US and non-US) used in certain “all-cash” purchases of residential real estate and to report these persons and purchases to FinCEN.

US Supreme Court Refuses to Review Ninth Circuit <i>Lusnak</i> Decision Requiring National Banks to Abide by State Interest-on-Escrow Laws

20.11.2018
Yesterday, the Supreme Court announced that it would not review the Ninth Circuit’s decision in Lusnak v. Bank of America, N.A., 883 F.3d 1185 (9th Cir. 2018), and would thus leave intact a ruling that compels national banks to comply with state laws requiring the payment of interest on escrow accounts.

CA Appellate Court: Chinese Parties Cannot Agree to Waive Hague Convention Service Requirements and Must Be Served Through China’s Central Authority

19.11.2018
In Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology, Co., Ltd., a California Court of Appeal voided a $414 million arbitration judgment entered against Changzhou Sinotype on the grounds of improper service under the Hague Convention—despite the parties’ agreement to waive Hague Convention service requirements and US personal jurisdiction defenses.

Vietnam Competition Law Series - Issue 2: Restrictive Agreements in Vietnam – Towards Greater Clarity and Coverage in 2019

19.11.2018
This latest issue in our Vietnam Competition Law series focuses on how restrictive agreements are regulated in Vietnam, and highlights the differences between the 2004 Law on Competition and the upcoming 2018 Law on Competition.

CFTC Permanently Sets the Swap Dealer De Minimis Threshold at $8 Billion and Determines Not to Adopt Other Proposed Changes

16.11.2018
On November 5, 2018, the US Commodity Futures Trading Commission (“CFTC”) finalized an amendment to the de minimis exception within the swap dealer (“SD”) definition (“SD Threshold Amendment”),1 which permanently sets the de minimis threshold at its current, phase-in level2 of $8 billion in aggregate gross notional amount of swap positions connected with dealing activities.

Reinsurance Collateral Requirements – They Are A-Changing: An Update on the Covered Agreement Prior to the NAIC Fall Meeting

15.11.2018
Bylined article by US Insurance Regulatory partner Lawrence Hamilton (Chicago) and associate Sanjiv Tata (New York).

New Case Applies <em>Kovel</em> Privilege to Client–Accountant Emails

14.11.2018
The resolution of any complex tax litigation necessarily involves working with accountants as well as with lawyers. In many instances, the confidentiality afforded to federally authorized practitioners may not be sufficient to shield communications between accountants and taxpayers from US Internal Revenue Service (IRS) scrutiny.

Pilot Program Launches, Expanding CFIUS Jurisdiction over Foreign Investment in Sensitive U.S. Businesses and Mandating That Parties File

14.11.2018
With the recent passage of the U.S. Foreign Investment Risk Review Modernization Act (“FIRRMA”), businesses and investors have been watching closely to see exactly how the law will expand the jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”).

A Global Guide to Employee Data Privacy

13.11.2018
The Employment & Benefits group is pleased to announce the publication of A Global Guide to Employee Data Privacy, the latest in our series of global guides.

Singapore Infrastructure Dispute-Management Protocol

13.11.2018
On October 23, 2018 Singapore’s Ministry of Law launched the Singapore Infrastructure Dispute-Management Protocol, as a way to help parties to mega infrastructure projects navigate disputes and minimize the risks of time and cost overruns.

When might judicial conduct constitute apparent bias and result in an unfair trial?

13.11.2018
In the recent case of M&P Enterprises (London) Limited v Norfolk Square (Northern Section) Limited, the High Court was asked to set aside a trial Judgment on the basis that, given the trial Judge’s alleged bias, theprocess underlying the Judgment was so unfair as to render its outcome void.