News

New Circular to Relax the Filing Process for Foreign-Invested Real Estate Enterprises

By EsqSocial Corporation 05/08/14

In June 2014, the Ministry of Commerce (“MOFCOM”) and the State Administration of Foreign Exchange (“SAFE”) jointly promulgated the Circular Concerning Improvement of Filing Process for Foreign Invested Real Estate Enterprises (“Circular 340”), which...

A Landlord's Guide to Landlord's Waivers: Five Potential Pitfalls For Landlords to Consider

By EsqSocial Corporation 05/08/14

Tenants, in the course of obtaining financing, often ask their Landlords to sign a Landlord’s Waiver. Landlord’s Waivers are intercreditor agreements for the benefit of the tenant’s lender or equipment lessor, stipulating the landlord’s and the...

[Video] Tailoring Your Anti Corruption Program to a Risk Assessment

By EsqSocial Corporation 05/08/14

The Department of Justice and the SEC have emphasized the importance of designing an anti-corruption compliance program based on a company's risk assessment. An effective program has to be tailored to the specific risks identified in the risk...

Compliance Fatigue: You’re Kidding, Right?

By EsqSocial Corporation 05/08/14

You have to admire some people for their chutzpah. In a recent Global Fraud Survey conducted by Ernst & Young, survey results suggested that anti-corruption compliance may be “running out of steam.”...
By: Michael Volkov

Fannie Mae Reminds Servicers Of Adverse Action Notice Requirements

By EsqSocial Corporation 05/08/14

On July 30, Fannie Mae issued a servicing notice to remind servicers of requirements pertaining to Adverse Action Notices. The notice states that Fannie Mae requires a servicer to send an Adverse Action Notice to a borrower within 30 days after...

U.S Senate Proposes New Bill Aimed at Curbing Campus Sexual Assault

By EsqSocial Corporation 05/08/14

Last week, a bipartisan group of eight U.S. Senators unveiled legislation aimed at decreasing the number of sexual assaults occurring on college and university campuses across the nation. The proposed legislation, titled the “Campus Accountability...

A Study Analysis and Recommendations on Approaches to First U.S. Acquisitions by Non-U.S. Companies: How Chinese Companies May Succeed in Overseas M&A Transactions

By EsqSocial Corporation 05/08/14

Recently, as the pace of “going global” speeds up, a large amount of Chinese companies have participated in M&A, control investments and substantial minority investments in businesses and properties located outside of China....

New York Federal Reserve Bank Official Questions FCPA’s “Facilitating Payments” Exception

By EsqSocial Corporation 05/08/14

On July 23, Thomas Baxter, General Counsel for the New York Federal Reserve Bank, in public remarks at a risk management conference, questioned the FCPA’s “exception for ‘facilitating or expediting payments’ made in furtherance of routine government...

Guidance Helps Medical Device Companies Determine Substantial Equivalence

By EsqSocial Corporation 05/08/14

When is a medical device substantially equivalent to another device? Like so much else, it depends. On July 15, 2014, the U.S. Food and Drug Administration (FDA) issued a draft guidance that aims to clarify that question....

Massachusetts Enacts Flood Insurance Bill

By EsqSocial Corporation 05/08/14

On July 23, Massachusetts Governor Deval Patrick signed HB 3783, which prohibits creditors from requiring borrowers or owners to purchase flood insurance on the property: (i) at a coverage amount that exceeds the outstanding mortgage thereon; (ii)...

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