Corporate

Recent Posts

Thinking About the Chinese Military Officials’ Hacking Indictment and Data Breach Disclosure Issues
Posted on 27 May 2014 by Kevin M. LaCroix

Cybersecurity has been a hot button issue for quite a while, but the U.S. Department of Justice ratcheted things up last week when it announced the indictment of five Chinese military officers for hacking into U.S. companies’ computers to steal... Read More

Bad News Barnes and China’s Overseas Efforts to Fight Corruption
Posted on 18 Sep 2014 by Thomas O. Gorman

Marvin ‘Bad News’ Barnes died last week. Barnes probably summed up the state of professional basketball more than any one person in the 1970s. He was enigmatic, supremely talented, defiantly self-indulgent, fell prey to drugs and alcohol and... Read More

Bad News Barnes and China’s Overseas Efforts to Fight Corruption
Posted on 18 Sep 2014 by Thomas Fox

Marvin ‘Bad News’ Barnes died last week. Barnes probably summed up the state of professional basketball more than any one person in the 1970s. He was enigmatic, supremely talented, defiantly self-indulgent, fell prey to drugs and alcohol and... Read More

Parts III & IV: The SEC and Chinese Issuers: Transparency And Accountability
Posted on 8 Aug 2012 by Thomas O. Gorman

Corporate governance A number of PRC based issuers have been named as defendants in SEC enforcement actions. These cases involve a range of issues including financial fraud, manipulation and misuse of assets. Misrepresentations and financial fraud... Read More

China Potpourri
Posted on 19 Oct 2012 by Mike Koehler

This article was reprinted with permission from FCPA Professor A collection of recent China-related developments and issues. First, a recent U.S. Chamber of Commerce report titled "China's Approval Process for Inbound Foreign Direct... Read More

The Films of Satyajit Ray and the GSK China Investigation: Both Game-Changers
Posted on 14 Aug 2013 by Thomas Fox

If you are in London this week, I might suggest that you drop by the British Film Institute (BFI), which is celebrating the work of the Indian film maker, Satyajit Ray. If you have never seen a Satyajit Ray film, all I can say is that you have missed... Read More

Should Motivations Matter?
Posted on 17 Sep 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor GlaxoSmithKline’s (GSK) scrutiny in China – by the Chinese government – dominated the headlines in July (see here for a prior post). Shortly thereafter, many began... Read More

Jury Finds Chinese Vitamin C Makers Fixed Prices; $153.3M Judgment Entered
Posted on 15 Mar 2013 by Joan Grossman

NEW YORK- (Mealey's) A federal judge in New York on March 14 entered judgment for $153.3 million after trebling a jury's $54.1 million verdict in favor of a direct purchaser class on its allegations that Chinese corporations participated in... Read More

Balancing China’s Interests with Need for Inspections
Posted on 14 Jul 2011 by David N. Feldman

The current China hot button appears to be a series of meetings between representatives of the Securities and Exchange Commission, the Public Company Accounting Oversight Board, and their counterparts in China. The hope is to convince the PRC government... Read More

What Can You Do When Risk Changes in a Third Party Relationship?
Posted on 21 Aug 2014 by Thomas Fox

The GlaxoSmithKline PLC (GSK) corruption matter in China continues to reverberate throughout the international business community, inside and outside China. The more I think about the related trial of Peter Humphrey and his wife, Yu Yingzeng for violating... Read More

Chinese Merger Control Law is Fusion in its Approach
Posted on 25 May 2012 by Sheppard, Mullin, Richter & Hampton LLP

Excerpt: We often hear about how China's merger review "diverges" from other jurisdictions, most recently in reaction to conditional approvals of the Seagate/Samsung and Western Digital/Hitachi mergers. But China's MOFCOM is merely... Read More

Delaware Corporate Law Article Translated into Chinese
Posted on 5 May 2011 by Francis G.X. Pileggi

This is a post about the international interest in Delaware corporate law and the global impact of Delaware corporate law. (Parenthetically, after six years of blogging at my former firm, this is my first post on this blog as the head of the Wilmington... Read More

Chinese Internet Giant Alibaba Gets Hit with IPO-Related U.S. Securities Class Action Lawsuit
Posted on 3 Feb 2015 by Kevin M. LaCroix

The year just completed was a banner year for IPOs in the U.S., with more companies completing their initial public offerings on U.S. exchanges in 2014 than in any year since 2000 (as detailed here ). But as I have previously noted ( here ), with an increase... Read More

Symposium: China Institute of International Antitrust and Investment, March 21-22, Beijing China
Posted on 8 Feb 2013 by Corporate and Securities Law Community Staff

The China Institute of International Antitrust and Investment (CIIAI) was established in March 2012 by the China University of Political Science and Law, each of which is based in Beijing, with the goals of promoting due process and transparency in... Read More

China's Antitrust-Merger Authority Handling of the Google-Motorola Deal
Posted on 12 Jun 2012 by Sheppard, Mullin, Richter & Hampton LLP

Excerpt: This past February the US Department of Justice ("DOJ") and European Commission ("Commission") cleared Google Inc.'s acquisition of Motorola Mobility Holdings Inc. without any conditions. In contrast, on May 19, 2012... Read More