Briefings

Publications on this site appear in a variety of formats. Those accompanied by an image can be viewed online by clicking on the pdf ( pdf icon ) or html ( html icon ) icon or the title of the publication. Those preceded by a tickbox ( tickbox image ) can be ordered by filling in the form at the bottom of the page and submitting it. You will need Adobe Acrobat Reader to view pdf files. Visually impaired users may also find the tools offered on the Adobe website useful.

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Suzanne Arnold
+44 20 7832 7549

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Date	Title	Group	Language
3/7/2009	Private anti-monopoly litigation taking shape in China: is your business prepared?	Antitrust, competition and trade	English
	Following the promulgation of the PRC Anti Monopoly Law (AML) (which came into effect in August 2008), individuals and small to medium-sized enterprises (SMEs) have been testing how robustly the new law will be enforced. A number of private actions against business giants have been brought under article 50 of the AML. Although no judgments have yet been rendered, the fact that the Chinese courts have allowed a number of these complaints to be filed indicates that the plaintiffs have at least established a prima facie case. Further observation is needed to understand exactly how article 50 of the AML will operate to protect against anti-competitive monopolistic conduct and to what extent therefore it may impact on business practices. (July 2009)
2/7/2009	Expansion of clean energy in the U.S.: Key provisions of the American Clean Energy and Security Act of 2009	Energy	English
	The American Clean Energy and Security Act of 2009 (ACES), if passed into law, could significantly transform the U.S. clean energy landscape. ACES caps greenhouse gas emissions, increasing the value of clean energy relative to other sources. It mandates a national quota of electricity capacity from renewable sources, strengthening demand. It also creates a Clean Energy Deployment Administration to streamline federal assistance. ACES, together with the American Reinvestment and Recovery Act of 2009 and other recent policy measures, could catalyze a major expansion of the U.S. clean energy market, providing opportunities to investors familiar with the new laws and ready to capitalize on them.
30/6/2009	Developing an effective intellectual property strategy in China	Intellectual property/ information technology	English
	A business user's guide. For the complete guide please contact Connie Carnabuci, Partner (Hong Kong).
30/6/2009	The new regulatory architecture: the changing role of the FSA	Corporate; Financial institutions	English
	This briefing looks at the global, EU and domestic reforms of the regulatory architecture proposed as a result of the financial crisis and the changing role of the Financial Services Authority and its approach to supervision of firms.
26/6/2009	Pension schemes – change of service provider	Employment, pensions and benefits	English
	The Transfer of Undertakings Regulations rules on ‘service provision change’ may apply if there is a change of service provider. This may affect pension scheme trustees that outsource to a third party scheme administrator and employers outsourcing to any other professional service provider.
26/6/2009	The Obama administration’s international tax proposals: U.S. private equity considerations	Tax	English
	The international tax provisions in the Obama administration’s budget proposal would, if enacted, raise $210bn in revenue and represent significant changes in U.S. tax policy. The changes include increased reporting of tax haven income, deferred deductions for expenses related to foreign income, enhanced limitations on foreign tax credits and elimination of strategies that use disregarded entities to avoid subpart F income. This outline briefly describes only the proposals likely to be most relevant to U.S. private equity investors.
25/6/2009	Corporate Manslaughter	Dispute Resolution	English
	The Corporate Manslaughter and Corporate Homicide Act 2007 (the Act) received Royal Assent on 26 July 2007 and came into force on 6 April 2008. The Act introduced a new statutory offence of corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland. It means that an organisation whose gross negligence leads to death will face criminal prosecution for manslaughter. If found guilty, it will be liable for an unlimited fine.
23/6/2009	Revised regime for ‘new’ chemicals in China	Chemicals	English
	China is overhauling its existing regime for the notification of new chemical substances to make it more like the EU’s regime. The regime only applies to novel substances– ie those not already listed on China’s chemicals inventory – so it will not immediately have a direct effect on all companies in the sector. However, this is unlikely to mark the end of China’s efforts to strengthen its chemical safety regime and regulatory trends in such an important market will no doubt be watched with interest by all chemical companies. This briefing examines the new proposals and the challenges they pose, and offers practical suggestions on preparing for compliance.
22/6/2009	Restructuring of indebtedness: French tax points	Tax	English
	This briefing sets out the key French corporate income tax issues in respect of debt restructurings. In summary, debtors and creditors may be faced with material tax consequences in case of a debt waiver, debt transfer, conversion of debt into equity or debt buy-back, so that such operations may require an appropriate structuring in order to mitigate potential tax issues.
19/6/2009	’China REACH’	Chemicals	English
	China is overhauling its existing regime for the notification of new chemical substances to make it more like the EU’s REACH regime. The regime only applies to novel substances – ie those not already listed on China’s chemicals inventory – so it will not immediately have a direct effect on all companies in the sector. However, this is unlikely to mark the end of China’s efforts to strengthen its chemical safety regime and regulatory trends in such an important market will no doubt be watched with interest by all chemical companies. This briefing examines the new proposals and the challenges they pose, and offers practical suggestions on preparing for compliance.