Since the earthquake, a lot of Japanese companies – and foreign companies – realized all the more howimportant force majeure and MAC clauses can be. Thismemo by White & Case presents the basics ofthese vitally important drafting issues, which board membersneed to be aware of when assessing the risks in a transaction.
Category: Law
The New Anti-Corruption Rules: What Do They Mean for Multinationals With Operations in Asia?
White and Case has produced these very helpful short memos on anti-corruption laws, their implications, and what the future may hold:
The New Anti-Corruption Rules: What Do They Mean for Multinationals With Operations in Asia? http://bdti.mastertree.jp/f/fxdigvha
Compliance with [the UK]Bribery Act 2010http://bdti.mastertree.jp/f/emn3bvh0
Looking Through the Wrong End of the Telescope: The Japanese Judicial Response to Steel Partners, Murakami, and Horie
OVERVIEW: POISON PILL DOCTRINE IN SEARCH OF A PHILOSOPHY
When the Bulldog Sauce case landedat the doorstep of the Japanese
Supreme Court in July 2007, one suspects that the Court greeted it with all the enthusiasm of a homeowner who opens the front door to collect the morning paper, only to findwaiting a basket full oforphaned kittens.
Are G20 Commitments and Dodd-Frank in Sync?
A senior financial economist at the Office of the Comptroller of the Currency has published a paper entitled U.S. Domestic and International Financial Reform Policy: Are G20 Commitments and the Dodd-Frank Act in Sync?. The paper provides a useful overview of the relationship of these two important financial regulatory reform initiatives, focusing in particular on policies to address risks to the financial system posed by systemically important financial institutions (SIFIs).
Say-on-Pay Approval Below 70% May Receive “Greater Attention”
ISS has issued its preliminary US post-season report, which is full of useful statistics about the 2011 proxy season for the data hound. Broc notes some of the key highlights in TheCorporateCounsel.net blog.
Proxy Access Strikedown Could Impact Other Dodd Frank Rulemaking Across Many Agencies
The DC Circuit's vacating of the SEC's proxy access rule has wider applications for the possible challenge of regulations under the Dodd Frank Act on the grounds that they fail to analyze the economic impact. Even though we all know that the DC circuit is especially hard on the SEC, other agencies could also find […]
M&A Handbook – United States
We have uploaded this useful document to the data libary, in the Foreign folder under Shearman & Sterling.
Radical(?) Suggestion #1 to Improve Global Corporate Governance
For some time it has seemed to me that our thinking about corporate governance has become blindered by the existingframework and playerswe have created, which have becomeself-sustaining and assumed to be immutablenomatter howimperfectthey are.This is the first of a series of ideas and suggestions that I hope will provoke productive discussion unhindered by such assumptions.
China Joins Other Countries in Outlawing Bribery Overseas
With this new law, multinationals have even more things to worry about with respect to avoiding actions that could be interpreted as corruption.
China has joined a growing number of countries that are implementing new criminal laws to prohibit payment of bribes to foreign officials. In doing so, China is seeking to encourage good behavior among the growing number of Chinese companies doing business overseas.
BDTI Seminar on 9/16: “How Can Amendment of the Company Law Improve Corporate Governance?”
BDTI will be holding a seminar(panel discussion) onthe most importanttopics regarding amendment of the CompanyLaw,whichhas been underdiscussion by the MOJLegal System Advisory Committee for more than a year. Two members of thekey Committee will be on the panel, as well as one of Japan's most respected practicing lawyers, and a well-known fund manager andCEO/CIOspecializing in Japanese equities investment.