Expert Analysis

• FCPA Enforcement Is Here To Stay, But It May Look Different

  

  After a monthslong enforcement pause, the U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines fundamentally shift prosecutorial discretion and potentially reduce investigatory burdens for organizations, but open questions remain, so companies should continue to exercise caution, say attorneys at Simpson Thacher.

• When Reshoring, IP Issues Require A Strong Action Plan

  

  With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.

• Series

  Volunteering At Schools Makes Me A Better Lawyer

  

  Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

• Attacks On Judicial Independence Tend To Manifest In 3 Ways

  

  Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

• Increased Tariffs Create Opportunity To Protect IP Rights

  

  Heightened tariffs on certain foreign imports have created operational and fiscal challenges for companies, but the corresponding increase in customs inspections could offer a silver lining of more consistent enforcement against counterfeit and infringing goods, says Andraya Pulaski Brunau at Day Pitney.

• Prior Art Ruling Highlights Importance Of Detailed Elaboration

  

  The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.

• Remediation Still Reigns Despite DOJ's White Collar Shake-Up

  

  Though the U.S. Department of Justice’s recently announced corporate enforcement policy changes adopt a softer tone acknowledging the risks of overregulation, the DOJ has not shifted its compliance and remediation expectations, which remain key to more favorable resolutions, say Jonny Frank, Michele Edwards and Chris Hoyle at StoneTurn.

• Compliance Refresher For 'Made In USA' Labeling Claims

  

  As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.

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  Law School's Missed Lessons: Appreciating Civil Procedure

  

  If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

• Section 899 Could Be A Costly Tax Shift For US Borrowers

  

  Intended to deter foreign governments from applying unfair taxes to U.S. companies, the proposal adding new Section 899 to the Internal Revenue Code would more likely increase tax burdens on U.S. borrowers than non-U.S. lenders unless Congress limits its scope, says Michael Bolotin at Debevoise.

• Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

  

  The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

• Opinion

  Anti-Counterfeiting Efforts Must Hold China Accountable

  

  As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.

• Max Pressure On Iran May Raise Secondary Sanctions Risk

  

  New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.

• In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

  

  The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

• 'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms

  

  Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.