Germany has two different sets of rules for the review of foreign direct investments. The relevant ordinance, the Außenwirtschaftsverordnung, or AWV, provides for a sector-specific review process applying to the acquisition, by any non-German acquirer, of German companies active in military products and crypto-technology. The other set of rules, the cross-sectoral review, applies to the acquisition of all other companies by any non-EU acquirer. Jones Day’s Jürgen Beninca and Chase Kaniecki discuss what investors should know about the AWV.
Monthly Archives: March 2019
With the passage of the Eliminating Kickbacks in Recovery Act in October 2018, Congress took aim at the ongoing opioid crisis threatening communities across the U.S. This new criminal statute targets healthcare providers that knowingly pay for or otherwise incentivise referrals of individuals to recovery homes, clinical treatment facilities, or laboratories. Partner Ann Hollenbeck discusses with Health Care lawyers B. Kurt Copper and John Kirsner, covering the goals, exceptions and other crucial details of the Act.
In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on how costs are measured in copyright litigation. Jones Day’s Jessica Bradley, Anna Raimer, and Meredith Wilkes explain the implications for copyright holders, applicants, and litigants. They also talk about what’s ahead for the Firm’s “Women in IP” initiative.
The SEC requires anyone who acquires more than 5 percent ownership of any class of registered securities to file a Schedule 13D within 10 days, thereby disclosing their holdings and intentions. But the process has come under persistent criticism, as activist hedge funds and similar investors have used the 10-day window to conceal their accumulations.
Lizanne Thomas, leader of the Firm’s corporate governance team, talks about the current wave of shareholder activism and explains why the SEC’s Schedule 13D 10-day filing window is in need of reform.
Jones Day’s Justin Huff, Laura Fraedrich, and Chase Kaniecki explain the role of CFIUS, discuss how provisions of the FIRRMA pilot program are affecting investment in the U.S., and talk about what to expect next in cross-border transaction oversight.