Member Insights & White Papers

Member Insights

Resources Provided by EACC Members & Partners

This section is not only a showcase of the knowledge represented within the EACC network but also a one stop resource to access a selection of Whitepapers & Best Practice Articles produced by EACC members.

They include insights on subjects such as: M&A, FCPA, Tax, Trade & Tariffs, Starting a Business, Investment, Education, Privacy, Private Equity, Financial Services and more.

If you are an EACC member and would like to include insights not currently listed we encourage you to reach out to membership[at]eaccny.com so that we can include it.

Employment Law and Immigration

  • EACCNY “Post-Pandemic Labor Law” Series | COVID-19 Vaccination in the EU and the U.S.: The Employer Perspective by TROUTMAN PEPPER and CMS HASCHE SIGLE
  • EACCNY “Post-Pandemic Labor Law” Series | What will the New Normal look like for Employees and Employers? by BECK GLOBAL CONSULTING and ACG RESOURCES
  • EACCNY “Post-Pandemic Labor Law” Series | Managing staffing short of cost-cutting in Europe and the United States by THOMPSON HINE and NAUTADUTILH
  • EACCNY “Post-Pandemic Labor Law” Series | A Guide on Returning to Work Safely in the U.S. & Italy by OFFIT KURMAN and LEGANCE
  • EACCNY “Post-Pandemic Labor Law” Series | The Effect of COVID-19 on Employee Benefits: Considerations in Italy and the United States by TROUTMAN PEPPER and PORTOLANO CAVALLO
  • EACCNY “Post-Pandemic Labor Law” Series | Returning to Work During Covid-19: Managing Vulnerable Workers from a US and UK Perspective by REAVIS PAGE JUMP and OSBORNE CLARKE
  • EACCNY “Post-Pandemic Labor Law” Series | Working from Home and the Challenges of Remote Supervision by LITTLER MENDELSON and MASON HAYES & CURRAN
  • A Comprehensive U.S. Non-Immigrant Visa Overview by OGLETREE DEAKINS
    • This chart provides detailed information on the various U.S. Visa types and their: purpose for entry, requirements & restrictions, permissible activities, where to file a petition or application, visa stamp period of validity, max allowable period of stay for each entry, max total allowable period for U.S. stay.
    • READ MORE
  • What You Need to Know About Returning to Work During COVID-19: A Guide for U.S. Employers and Employees by REAVIS PAGE JUMP
    • As businesses reopen and employees continue to return to workplaces this summer and fall, employers are rightfully concerned with how to best manage workplace safety and their legal and other obligations to employees—their most valuable assets. Below, we provide a general overview of the guidance and laws that are implicated.
    • READ MORE
  • What to do about “Global COVID Nomads” and Other Wandering Workers who Telecommute from Abroad for Personal Reasons by LITTLER MENDELSON
    • Our discussion here unpacks the legal issues around global covid nomads and international wandering workers, with the goal of devising strategies for structuring these relationships legally.
    • READ MORE
  • CMS Expert Guide to Government Support for Employers & Workers by C’M’S’ LAW. TAX.
    • This expert guide explores the ways different governments have attempted to alleviate the stress the pandemic has imposed on both employers and workers and ensure business continuity. The guide answers these six questions for each jurisdiction.
    • READ MORE
  • Immigration and Employment Considerations for Nonprofit Organizations by FAEGRE DRINKER
    • This article provides an overview of several employment and immigration compliance topics affecting nonprofit tax-exempt organizations operating in the U.S.
    • READ MORE
  • A Review of U.S. Immigration Policies Implemented by Presidents Trump and Biden Before, During, and After the COVID-19 Pandemic by OGLETREE, DEAKINS, P.C. 
    • These measures have ranged from simple travel restrictions, to outright travel bans, medical testing requirements, and even the suspension of certain nonimmigrant work visas and immigrant visas issued by consulates outside of the United States.
    • READ MORE
  • CMS Expert Guide to Mobile Working by C’M’S’ LAW. TAX.
    • There is a push towards normalising remote work, which many experts believe will not just be a temporary solution. But there are many aspects to consider regarding remote work and this guide should help you find answers to essential questions.
    • READ MORE

Mergers & Acquisitions

  •  European M&A Study 2022 by C’M’S’ Law. Tax.
    • This year’s Study covers almost 500 share and asset deals on which CMS European offices advised in 2021. This is a record number of deals for one year and reflects the M&A boom in 2021. We observed that normal deal metrics applied in most of those transactions: a retreat from the particularly ‘buyer-friendly’ approach we found in 2020, and a return to more standard seller and buyer provisions.
    • READ MORE
  •  CMS Expert Guide to the Transparency Register in AML Directive by C’M’S’ Law. Tax.
    • To provide an initial overview, CMS has summarised the current regulations in selected EU member states. Of particular relevance to shareholders are the countries where direct and indirect shareholders have an obligation to act.
    • READ MORE
  •  Orrick’s UK National Security & Investment Act Assessment Tool by Orrick
    • Effective 4 January 2022, UK and foreign investments in tech, energy and other “high risk” areas face increased scrutiny under the new UK National Security and Investment (NSI) Act.
    • The UK government now has more power to block or impose conditions on transactions into 17 “high risk” areas of the economy that may give rise to a risk to national security, with a mandatory notification regime and criminal sanctions for failure to comply.
    • Orrick’s UK NSI Assessment Tool is a free-to-use resource to help both UK and foreign companies, and investors navigate the complex new rules
    • ACCESS THE TOOL HERE
  •  M&A in the Time of COVID-19: Is It the Right Time to Sell? by STOUT
    • The global pandemic has dramtically affected people, governmetns and businesses during the past year. Is it the right time to sell?
    • READ MORE
  • Public M&A Report 01/2021 – The German market for public takeovers in 2020 by Noerr
    • This report includes German market development and trends, as well as the number and volume of offers.
    • READ MORE

Foreign Corrupt Practices Act

  • FCPA/Anti-Corruption Developments: 2020 Year in Review by STEPTOE & JOHNSON LLP
    • Despite the challenges presented by the global COVID-19 pandemic, US Foreign Corrupt Practices Act (FCPA) enforcement authorities announced several high-profile individual and corporate enforcement matters throughout 2020, including several coordinated resolutions with foreign authorities as well as new domestic players.
    • READ MORE

Tax

  • EACCNY “Digitalization” Series | The taxation of digital services – are we nearly there yet? by PRICEWATERHOUSECOOPERS
  • Taxation trends in the European Union: 2020 Edition by THE EUROPEAN COMMISSION
    • The report contains a detailed statistical and economic analysis of the tax systems of the Member States of the European Union, plus Iceland and Norway, which are Members of the European Economic Area.
    • READ MORE
  • Top Ten Business Income Tax Planning Ideas During the Age of COVID-19 by BERKOWITZ POLLACK BRANT
    • This white paper offers practice advice for business owners and in-house accounting staff. Reconsidering the approach to inventory, tax planning, equipment, stock and debt, and foreign operations, can unlock cash flow and positively impact a company’s financial position.
    • READ MORE
  • EU Tax Law Highlights of 2020 by LOYENS & LOEFF
    • In the course of 2020 there were several developments in EU tax law. This annual edition of EU Tax Alert provides an overview of those developments.
    • READ MORE
  • 2021 to 2022 Tax Planning Guide by MARKS PANETH LLP
    • This guide provides a comprehensive resource capturing the knowledge and guidance necessary to help you confidently approach tax planning during these challenging times. You’ll find key updates and strategic guidance in the following areas: Investing, Real Estate, Business & Executive Compensation, Family & Education, Charitable Giving, Retirement, Estate Planning.
    • READ MORE

Trade & Tariffs

  • 2021 Container Shipping Outlook by ALIXPARTNERS
    • For at least 30 years, the container shipping industry has been in a recurring boom-and-bust loop. During times of strong macroeconomic growth, shipping rates skyrocketed.
    • Carriers have a chance to break the cycle. Will they take it?
    • READ MORE

Starting a Business / “Doing Business in” Guides

  • Legal Considerations For Establishing Operations in The United States: A Guide to the Business And Legal Climate In The United States by TROUTMAN PEPPER LLP
    • The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world. The freedom to compete gives would-be entrants the greatest opportunity to succeed and entrenched players the greatest risk of failure. Central to the business climate is the virtual absence of political risk and the stability and predictability of the legal system.
    • READ MORE
  • ONE-STOP SHOP, A Top – Level Service to provide support to Investments in the Paris Region by BUSINESS FRANCE
    • A one-stop shop is being introduced to promote investment by foreign companies in Ile de France (Paris region).
    • READ MORE
  • e-Book | How You Can Profitably Enter the US Market: 10 Legal Myths Debunked by GLOBAL COMMERCE EDUCATION
    • The biggest source of misconceptions seems to be the legal field so we are happy to bring you this compendium of 10 common legal myths about US Market Entry and why they are incorrect. It is authored by Marc Friedman, Director of Professional Relations at Global Commerce Education
    • READ MORE

Investment

  • CFIUS Assessment Tool by ORRICK
    • To help U.S. companies and non-U.S. investors navigate these increasingly complex and restrictive rules, this tool guides parties through the regulations governing foreign investment in the United States to determine:
      • whether CFIUS may have authority to review a transaction; and
      • if so, whether the transaction may trigger a mandatory filing.
    • READ MORE

Education

Privacy

  • EACCNY “Digitalization” Series | The Impact of Schrems II on EU and US Cloud-Based Services by TROUTMAN PEPPER LLP and NAUTADUTILH in Luxembourg

    • Digital transformation has been on the agenda of most businesses for some time, and the COVID-19 pandemic has only caused it to move up. Cloud computing services, such as those provided by AWS and Microsoft, have been shown to be crucial to a successful digital transformation.
    • READ MORE
  • Practical Insights: “What companies should know about Privacy Shield” by ORRICK
    • This post gives a high level summary of what companies should consider with the Privacy Shield
    • READ MORE
  • Highlights of DPC’s First Annual Report under GDPR by MASON HAYES CURRAN
    • This post highlights the key issues on the First Annual Report under GDPR
    • READ MORE
  • Cross Border Data Transfer (XBT) Tool by ORRICK
    • For companies transferring data outside the European Economic Area (EEA), the XBT Tool’s brief questionnaire can provide recommendations and supporting documentation to help companies navigate regulatory compliance risks. With regulatory scrutiny for data-related matters continuing to increase and data transfers violating the GDPR sanctionable at the higher of EUR 20m or 4% of a company’s annual worldwide revenues, the XBT Tool can help them avoid potential regulatory enforcement actions.
    • LEARN MORE
    • USE THE XBT TOOL HERE

Private Equity

Financial Services

  • BREXIT: The AIFMD Passport by STEPHENSON HARWOOD
    • The Alternative Investment Fund Managers Directive AIFMD creates a single pan-European Economic Area EEA regulatory framework for the managers of alternative investment funds AIFs. This overview considers the potential availability of the pan-EEA AIFMD passport AIFMD passportin the post-Brexit world for both UK and non-EEA AIFs and Managers currently operating from the UK.
    • READ MORE
  • BREXIT: The MiFID Passport by STEPHENSON HARWOOD
    • A significant part of the UK’s financial services industry relies on the passport under the Markets in Financial Instruments Directive MiFID to provide its services in other Member States of the European Economic Area EEA. The loss of the passport would therefore have a profound effect on financial institutions based in the UK.
    • READ MORE
  • 2020 Consumer Financial Services Year in Review & A Look Ahead by TROUTMAN PEPPER LLP
    • In this report, Troutman Pepper shares developments in 2020 on consumer class actions, background screening, bankruptcy, consumer credit reporting, debt collection, payment processing and cards, mortgage, auto finance, the Telephone Consumer Protection Act (TCPA), cybersecurity and privacy, student lending, tribal lending, litigation and regulatory activity: online and nontraditional banking, and the Uniform Commercial Code (UCC) and banking.
    • READ MORE

Other

  • EACCNY ‘Moving to the U.S.’ Series | The Cultural Adjustment Curve by BECK GLOBAL CONSULTING
  • EACCNY ‘Moving to the U.S.’ Series | NY Housing & Medical Considerations by COMPASS REAL ESTATE and MPC CONSULTANTS
  • EACCNY “Digitalization” Series | The Medical Device Regulation in the EU and the United States and its impact on software as a medical device by TROUTMAN PEPPER and PORTOLANO CAVALLO
  • Trends in Trade Secret Litigation Report 2020 by STOUT
    • The report includes in-depth analysis on: Federal trade secret litigation spanning three decades; The impact of the Defend Trade Secrets Act of 2016; How evolving patent law may influence the ways businesses protect their intellectual property; Increased workforce mobility/technology usage and related trade secret misappropriation; The historical impact of trade secret litigation trends across types of trade secrets, industries, jurisdictions, damages, companion claims, and more
    • READ MORE
  • Summer 2020 Life Sciences Report by WILSON SONSINI GOORICH & ROSATI
    • This issue features a summary of other select recent life sciences firm & client highlights.
    • READ MORE
  • Closing the Racial Inequality Gaps | The Economic Cost of Black Inequality in the U.S. by HSBC
    • Citi GPS: Global Perspectives & Solutions released this report in September, 2020
    • Key Contributors include: Dana M Peterson, Former Director at CITI RESEARCH and now the Chief Economist at THE CONFERENCE BOARD and Catherine L Mann, Global Chief Economist at CITIGROUP
    • READ MORE
  • AlixPartners Mid-Market Debt Report H2 2020 by ALIXPARTNERS
    • The latest edition of AlixPartners’ Mid-Market Debt Report, covers more than 100 bank and non-bank lenders active in the UK and European mid-market (debt transactions valued up to €300 million).
    • READ MORE
  • Expat Explorer Survey – How markets compare in 2020 by HSBC
    • This provides unique insight into how expat lives differ across the globe. It is conducted by a third party research company YouGov, that reviewed 18,059 expats based in over 30 countries or territories in 2019.
    • This survey was commissioned by HSBC Expat. For access to the Expat Explorer Survey, READ MORE
    • For more information about HSBC’s international services please contact Jamey.schroder[at]us.hsbc.com