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Insights: April 2017

April 2017 | Skadden, Arps, Slate, Meagher & Flom LLP

A collection of memoranda authored by Skadden lawyers.

E-Commerce in India on the Rise

April 25, 2017 | Skadden, Arps, Slate, Meagher & Flom LLP | Rajeev P. Duggal, Jonathan B. Stone, Parveet Singh Gandoak

While China and the U.S. are currently the largest e-commerce markets in the world, India is the fastest-growing. India's e-commerce sector is expected to grow significantly in the coming years with the increasing purchasing power of Indian consumers, the government's initiatives for building better physical and digital infrastructure, and the overall growth of India's economy.

UK Tracks OFAC Model in Issuing Guidance on Monetary Penalties for Breaches of Financial Sanctions

April 25, 2017 | Skadden, Arps, Slate, Meagher & Flom LLP | Jamie L. Boucher, Eytan J. Fisch, Ryan D. Junck, Elizabeth Robertson, William J. Sweet, Jr.

India's e-commerce sector is expected to grow significantly in the coming years with the increasing purchasing power of Indian consumers, the government's initiatives for building better physical and digital infrastructure, and the overall growth of India's economy. Changes that likely will affect the sector include the government's March 2016 amendment of the foreign investment regulations to clarify the existing regulatory landscape and efforts to update the country's consumer protection law to protect online shoppers.

National Security Investigation of Imported Steel Could Be Prelude to Similar Actions Against Other Imports

On April 20, 2017, President Donald Trump directed the Department of Commerce to conduct an expedited investigation of the harmful impact of steel imports on U.S. national security. The investigation may result in duties, quotas or other measures to restrict harmful imports into the United States. In calling for the investigation, President Trump highlighted other important industries, including aluminum, vehicles, aircraft, shipbuilding and semiconductors, as critical elements of U.S. national security that should be defended against unfair trade practices. Companies that make these and other products that are critical to U.S. defense and national security should closely monitor the outcome of this investigation and may wish to consider using the Section 232 mechanism to address unfair trade affecting their own industries.

The Risks Associated With Worldwide Freezing Orders

April 24, 2017 | Skadden, Arps, Slate, Meagher & Flom LLP | David Kavanagh QC, Alex R. van der Zwaan

A worldwide freezing order is an injunction granted by the English courts to restrain individuals or businesses from disposing of or dealing with assets on a worldwide basis. A party faced with a freezing order will need to consider how to handle a multitude of potentially adverse effects and should explore how to successfully challenge such an order.

New York Requires Contractors to Disclose Employee Salary Data

New York Gov. Andrew Cuomo issued an executive order earlier this year requiring state contractors to disclose employee salaries in an attempt to highlight and address the disparity in pay for women and minorities. The order applies to a range of state agencies, divisions and commissions and will require disclosures on a quarterly or monthly basis, depending on the contract.

UK Updates Fund Management Law

April 21, 2017 | Skadden, Arps, Slate, Meagher & Flom LLP | Stephen G. Sims, Robert Porter, Patrick Brandt, Gregory P. Norman

On March 29, 2017, the U.K. updated its limited partnership law to make the U.K. a more competitive regime for fund domiciliation. Fund managers who previously had not set up funds in the U.K. because they considered its limited partnership law too inflexible may be compelled to reconsider.

The FCPA Lives On

April 21, 2017 | Skadden, Arps, Slate, Meagher & Flom LLP | Gary DiBianco, Warren Feldman, Ryan D. Junck

On April 18, 2017, Trevor McFadden, the Department of Justice’s acting principal deputy assistant attorney general, spoke at the 10th Anti-Corruption, Export Controls & Sanctions Compliance Summit in Washington, D.C. about the department’s ongoing commitment to enforcing the Foreign Corrupt Practices Act (FCPA). Despite past criticisms of the FCPA by President Donald Trump and Securities and Exchange Commission Chair nominee Jay Clayton, Mr. McFadden’s remarks strongly suggest that the Department of Justice intends to continue to actively enforce the act with respect to entities and individuals.

SEC EGC Inflation Adjustments, Other Technical Amendments Now Effective

April 20, 2017 | Skadden, Arps, Slate, Meagher & Flom LLP | Brian V. Breheny, Andrew J. Brady, Josh LaGrange, Hagen J. Ganem, Caroline S. Kim, Justin A. Kisner, Emily Prezioso Walsh

The SEC's new rules regarding inflation adjustments mandated under the JOBS Act are now effective, as are its technical amendments to existing rules and forms to conform them to certain provisions of the JOBS Act and related SEC staff interpretations.

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