International News Winter 2005 - 2006

November 2005

Click here to view the full document, or click on the titles below to go directly to that article.
(Adobe Acrobat Reader required, available for free download here)

In this Issue
International Practice Head David R. Ryder addresses current issues affecting businesses.

Marketing and Advertising at the London 2012 Olympic Games
By Duncan Curley and Rohan Massey

The IOC fiercely protects its intellectual property rights in the Olympic Games brand and logo in the host city during the Games.  Unauthorized use in 2012 could result in a fine of up to £20,000.

Cosmetics and European Union Regulations
By Frank Schoneveld and Mélanie Bruneau

While there may be some lingering differences in the national legislation concerning cosmetic products, compliance with the European Union (EU) Cosmetics Directive enables the marketing of a cosmetic product anywhere in the 23 EU Member States.

Managing Cross-Border M&A Transactions
Co-authored by Dennis J. White

Managing a complicated M&A transaction is akin to playing three-dimensional chess.  Success requires intimate knowledge of the rules, the ability to assess the entire chessboard and anticipation of the other party’s moves.

Navigating the Differences Between EU and U.S. Merger Controls
Contact David Ryder

While the trend in EU merger control in recent years has broadly been towards convergence with the U.S. regime, important procedural differences still exist.  Merging parties need to be aware of these differences in order to obtain EU and U.S. clearances as quickly and as cost-effectively as possible.

Equal Treatment in Takeovers Under German Law
By Christian von Sydow and Oliver Beyer

Neither the German Take-Over Code nor German Financial Supervisory Authority have issued any guidance on whether the board of the target of a takeover is obliged to assist with the due diligence process.  So what is the legal position?

Multinational Transfer Pricing: It’s a Tax-Based World…but Beware of the Customs Consequences
By David J. Levine

Companies are well-advised to pay close attention to the valuation of imported goods entering under U.S. Bureau of Customs and Border Protection rules, as these rules impose an arm’s length standard for related company transfer pricing that differs from the standard applied by the IRS.

China Continues to Define and Strengthen Its Transfer Pricing Policies
By Vivien Chan and Larry R. Kemm

Under recent initiatives, the People’s Republic of China has implemented provisions to coordinate tax authorities nationwide, to expand the transactions available to tax investigation and to provide new guidelines on methods of adjustment for tax authorities.

It Needn’t Be Taxing: A UK Perspective of the Taxation of Hedge Funds
By William Yonge and Sylvia Choi

Through careful structuring and close coordination with those responsible for the business and general legal requirements, the optimum taxation position can be achieved.  However, there are pitfalls that need to be avoided.

Managing the Cost of Taxation: Avoidance or Savings?
By Peter Nias

The challenge for the taxpayer is to find how far any structuring can be developed so as to remain acceptable in the view of the Tax Authority without being vulnerable to successful challenge or, ideally, any challenge at all.
Exchange rates are subject to fluctuation and the figures contained in International News are not intended to be used as anything other than a general guide.  The figures in this edition are based on the exchange rate on September 12, 2005, of  €1 = US$1.24 and US$1 = €0.81; 1 Chinese Yuan Renminbi = US$0.12 and US$1 = 8.08 Chinese Yuan Renminbi.

McDermott Will & Emery

McDermott Will and Emery