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May 2018 - Article
Global Legal Insights
Initial Public Offerings 2018
Achim Herfs and Anna Schwander authored this article regarding the advantages of going public for German companies.
May 16, 2018 - Book
The Law Reviews
The Private Equity Review
Kirkland attorneys contributed to this publication regarding developments in private equity law across the globe.
2/2/2018 - Alert
Kirkland & Ellis International LLP
Landmark Court Opinion Increases Liability Risk Profile for German Portfolio Company Management
The German Supreme Court, in an opinion published January 31, 2018, has tightened the rules for determining when a company is “cash flow insolvent” and by extension for determining when a director of a German company has a civil and criminal law obligation to file the company for bankruptcy.
1/30/2018 - Book
Commodities & Futures Enforcement: Practice and Procedure in CFTC and SRO Investigations
The third edition of Commodities & Futures Enforcement: Practice and Procedure in CFTC and SRO Investigations authored by Kirkland & Ellis partner, Zachary S. Brez, P.C. was published in December 2017 as part of Bloomberg BNA’s Securities Practice Portfolio Series.
Authors: Zachary S. Brez P.C., Helen Gugel
November/December 2017 - Article
The M&A Lawyer
Managing Foreign Investment Clearance Risk in Cross-Border Deals
Mario Mancuso, Anna Schwander, Luci Hague and Kristin Beharry authored this article regarding proposed CFIUS reforms.
November 2017 - Article
Global Legal Insights
Initial Public Offerings 2017
Achim Herfs and Anna Schwander authored the "Germany" chapter of this annual publication discussing international developments in IPOs.
09/26/2017 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter - September 26, 2017
This issue includes the article "SEC Settles with PE Fund Manager over Broken-Deal Expenses," which discusses a recent SEC settlement against a private equity fund manager alleging that the manager's private equity funds were inappropriately allocated and charged broken-deal expenses attributable to affiliated co-investors.
9/8/2017 - Alert
Kirkland & Ellis LLP
The Trump Administration Sharpens Secondary Sanctions — China and Russia Are On Notice
As recently as July 25, 2017, in a wide-ranging interview with the Wall Street Journal, President Trump suggested a willingness to offer trade-related inducements to China in return for China's assistance in peacefully resolving the North Korea problem. In recent weeks, however, as the threat from North Korea has intensified, the Trump administration has signaled a shift in tactics in dealing with China, North Korea's principal economic partner and strategic ally, and Russia.
7/18/2017 - Alert
Kirkland & Ellis LLP
Increasing U.S., Global Scrutiny of Foreign Investment: Things to Watch
In the past several weeks, stakeholders on both sides of the Atlantic have voiced increasing skepticism and concern regarding the potential impact of foreign investment on national security.
June 2017 - Article
The Banking Law Journal
German Insolvency Avoidance Action Reform and Its Impact on Financial and Trade Creditors
The German Bundestag recently enacted a reform bill seeking to improve Germany’s stringent insolvency avoidance action regime and incentivize work-outs between debtors and, among others, financial and trade creditors. Bernd Meyer-Löwy and Carl Pickerill discuss the impact of this bill.
2/23/2017 - Alert
Kirkland & Ellis International LLP
German Insolvency Avoidance Action Reform and its Impact on Financial and Trade Creditors
The German Bundestag recently enacted a reform bill seeking to improve Germany’s stringent insolvency avoidance action regime and incentivize work-outs between debtors and, among others, financial and trade creditors.
11/22/2016 - Alert
[English] New York State Department of Financial Services Fines Mega Bank and its New York Branch $180 Million for Alleged Violations of State Anti-Money Laundering Laws
Mega International Commercial Bank Co., Ltd. (“Mega Bank”) is a Taiwan-based international financial institution with approximately $103 billion in assets, including $9 billion at its New York branch (“New York Branch”). During a recent examination, regulators from the New York State Department of Financial Services (“NYDFS”) discovered numerous deficiencies in Mega Bank’s Anti-Money Laundering Laws (“AML”) compliance function. On August 19, 2016, the NYDFS entered into a consent order with Mega Bank and its New York Branch in which Mega Bank agreed to pay $180 million penalties and install an independent monitor for alleged violations of New York State AML requirements.
11/22/2016 - Alert
[Simplified Chinese] New York State Department of Financial Services Fines Mega Bank and its New York Branch $180 Million for Alleged Violations of State Anti-Money Laundering Laws
Mega International Commercial Bank Co., Ltd. (“Mega Bank”) is a Taiwan-based international financial institution with approximately $103 billion in assets, including $9 billion at its New York branch (“New York Branch”). During a recent examination, regulators from the New York State Department of Financial Services (“NYDFS”) discovered numerous deficiencies in Mega Bank’s Anti-Money Laundering Laws (“AML”) compliance function. On August 19, 2016, the NYDFS entered into a consent order with Mega Bank and its New York Branch in which Mega Bank agreed to pay $180 million penalties and install an independent monitor for alleged violations of New York State AML requirements.
11/22/2016 - Alert
[Traditional Chinese] New York State Department of Financial Services Fines Mega Bank and its New York Branch $180 Million for Alleged Violations of State Anti-Money Laundering Laws
Mega International Commercial Bank Co., Ltd. (“Mega Bank”) is a Taiwan-based international financial institution with approximately $103 billion in assets, including $9 billion at its New York branch (“New York Branch”). During a recent examination, regulators from the New York State Department of Financial Services (“NYDFS”) discovered numerous deficiencies in Mega Bank’s Anti-Money Laundering Laws (“AML”) compliance function. On August 19, 2016, the NYDFS entered into a consent order with Mega Bank and its New York Branch in which Mega Bank agreed to pay $180 million penalties and install an independent monitor for alleged violations of New York State AML requirements.
10/17/2016 - Alert
Kirkland & Ellis LLP
Dealmakers, Take Note: GAO to Study CFIUS at Congress' Urging
On October 3, 2016, the U.S. Government Accountability Office (“GAO”) announced that it would undertake an assessment of the Committee on Foreign Investment in the United States (“CFIUS”) review process to evaluate “how the current statutory and administrative authorities of the Committee on Foreign Investment in the United States have kept pace with the growing scope of foreign acquisitions in important economic sectors in the United States.” The GAO’s statement responds to a September 15 letter from 16 Members of Congress calling on the GAO to examine the advisability of identified enhancements to CFIUS’ authority and jurisdictional ambit.
9/21/2016 - Alert
Kirkland & Ellis International LLP
Subordination of Senior Financial Creditors in German Bank Resolutions
From 1 January 2017 onwards, certain senior liabilities of German banks are subordinated by law to facilitate “bail-ins” under the Single Resolution Mechanism (SRM).
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