International Trade

Expert Analysis

• 8 Highlights For Dealmakers From CFIUS’ Annual Report

  

  The Committee on Foreign Investment in the United States' annual report shows its increasing relevance to cross-border transactions across diverse sectors. Early on, parties should consider the impact that CFIUS reporting and review will have on transaction timing, say attorneys at Kirkland.

• Strategies To Maintain Privilege In Crisis Response Scenarios

  

  In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

• US Strengthened And Expanded Economic Sanctions In 2019

  

  Stateside regulation of economic sanctions continued at a breakneck pace this year, with new rules targeting Venezuela, Cuba, Turkey and Iran, expanded guidance from the Office of Foreign Assets Control, and one of the most active enforcement years on record, say attorneys at Ropes & Gray.

• Opinion

  Trump Administration Is Right: The WTO Is Broken

  

  Overreach by the World Trade Organization’s Appellate Body has undermined the WTO’s ability to conclude trade agreements, sowing seeds of instability and insecurity. Perhaps it’s best to let it wither on the vine and return to a system based on negotiation and diplomacy, says Alan Price of Wiley Rein.

• How To Ward Off Nonclient Suits Over Lawyers' Speech

  

  Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

• Counterfeit Good Policing In 2019 Was Redefined By Tech

  

  The Organization for Economic Cooperation and Development's recent report that counterfeit goods make up 3.3% of world trade reveals that counterfeiting, abetted by e-commerce, continues to evolve and grow, but brand owners', industry groups' and governments' collaborative use of technology to combat it shows promise, says Donna Schmitt of Armstrong Teasdale.

• What Is A 'Reasonably Useful Form' For Production Of ESI?

  

  While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

• Patent Decision Highlights Cross-Appeal Considerations

  

  The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

• New French Law May Be 1st Step In Abating Carousel Fraud

  

  Although there is still a long way to go, France's recent adoption of the European Union's Quick Fixes Council Directive will increase the odds of stemming carousel fraud — a type of value-added tax exploitation facilitated by the removal of customs borders, says Sophie Dorin at Bird & Bird.

• FCPA Policy Update On Trend With Greater DOJ Transparency

  

  Last week’s update of the Foreign Corrupt Practices Act Corporate Enforcement Policy reflects the U.S. Department of Justice's commitment to transparency by providing concrete guidance for companies that discover suspected violations, and clarifying the expectations for companies that self-disclose, say attorneys at Morgan Lewis.

• Opinion

  Consumer Privacy Protection Deserves 5G Policy Attention

  

  The 5G strategy currently being developed by the U.S. is destined to be incomplete until it articulates consumer privacy — as distinct from cybersecurity — protection as an important variable to consider in the 5G equation, says Stuart Brotman of the Woodrow Wilson International Center.

• Perspectives

  Book Review: Who's To Blame For The Broken Legal System?

  

  The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

• The Economic Pros And Cons Of Int'l Trade Sanctions

  

  As demonstrated by the U.S. this year, international trade sanctions can work as an instrument of foreign policy and economic pressure. But as penalties levied on another country or its citizens, sanctions can sometimes have unintended consequences, says Kartik Mittal of Zaiwalla & Co.

• 3 Ways US Cos. Can Take Advantage Of Tariff Exclusions

  

  As the U.S. and China continue their protracted negotiations over trade agreements, there are actions U.S. businesses can take today in an effort to mitigate damages arising out of the latest round of tariffs on Chinese imports, says Katie Roskam at Varnum.

• How To Hire Lateral Partners More Effectively

  

  Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.