White & Case
Our lawyers share their expertise through by-lined articles in leading legal, business and scholarly journals and through White & Case newsletters, updates and white papers.

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PDF Mexico's Online Tax Surveillance Becomes Operational
July 2014
Vicente Corta Fernández, Jorge A. de la Garza, Ismael Reyes Retana Tello, Guillermo Aguayo-Garza

As part of the Tax Reform that became effective on January 1, 2014, the Mexican Congress passed a series of amendments to the Federal Tax Code with the purpose of modernizing and facilitating the compliance and enforcement of tax obligations. Such amendments gave tax authorities a tremendous surveillance power over taxpayers, which we believe is contrary to human rights of privacy and legal certainty.
New York AG Reports that Data Breaches Cost New York Businesses over $1B Last Year
July 2014
Trevor Nagel, Caitlin Alexandra Johnston, Alexander Reid*

The current headline in data security is a just-released report from the New York Attorney General's Office (the "AG Report") announcing that the number of reported data breaches more than tripled between 2006 and 2013, exposing 22.8 million personal records of New Yorkers. The AG Report reveals that last year's record-breaking exposure of 7.3 million New Yorkers' personal information – with an estimated cost to business of $1.37 billion – was largely due to two sophisticated hacking attacks at Target and Living Social. Troublingly, these "mega-breaches" are a growing trend, with five of the ten largest breaches reported to the New York AG occurring in the past three years.
PDF DC Circuit Requires Committee on Foreign Investment in the United States to Provide Due Process Protections to Investors
July 2013
Richard J. Burke, Cristina Brayton-Lewis, Tanya Hanna, Ziad Haider

On July 15, 2014, the US Court of Appeals for the District of Columbia (DC Circuit) ruled that if the President, pursuant to his powers under the Exon-Florio Amendment to the Defense Production Act of 1950 (DPA), deprives a foreign acquirer or investor in the United States of its constitutionally protected property interests, the foreign acquirer or investor must be accorded certain due process protections. The case at issue, Ralls Corp. v. CFIUS et al, is the first-ever challenge to the review process conducted by the Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee within the US federal government that reviews foreign acquisitions and investments in the United States for potential threats to US national security (see previous discussion here).
PDF Deadline Approaches – Non-EEA Fund Managers Must Consider Their Options
July 2014
Stuart Willey, Monica K. Arora, Mara E. Topping, Sharon E. Hartline

The Alternative Investment Fund Managers Directive (2011/61/EU) (the "Directive") and the supplementary level 2 Regulation (EU) No 231/2013 (the "Regulation") introduce an authorisation regime and centralised rulebook for the management and marketing within the European Economic Area (the "EEA")1 of alternative investment funds ("AIFs") by alternative investment fund managers ("AIFMs").
European Commission's Actions to Better Protect and Enforce Intellectual Property Rights
July 2014
Bertrand Liard, Caroline Lyannaz

Although the number of registrations of European Patents, Community Trademarks and Community Designs more than doubled between 2003 and 2012, the high numbers of infringements of intellectual property rights (IPRs) harm this positive trend.

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