International Trade

Expert Analysis

• DOJ's Trade Security Reporting Policy Boosts Transparency

  

  Recent guidance from the U.S. Department of Justice's National Security Division on the voluntary self-disclosure part of its sanctions and export controls enforcement program continues the DOJ’s movement toward increased transparency, but leaves unanswered questions about how the policy will be applied in practice, say attorneys at Paul Hastings.

• ITC Decision Shows Importance Of Public Interest For Biotech

  

  In its recent Certain Microfluidic Devices decision, the U.S. International Trade Commission allowed patent-infringing products necessary for ongoing research to be imported, highlighting the importance the so-called public interest factors can play in ITC investigations in the biotech context, say Matt Rizzolo and Rachael Bacha of Ropes & Gray.

• Iran Airspace Bans May Lead To EU Passenger Claims

  

  After the recent killing of Qasem Soleimani and the downing of Ukraine International Airlines Flight 752, the commercial aviation sector must consider how resulting restrictions on air travel may affect passenger compensation claims under European Union rules, says James Jordan of Holman Fenwick.

• 5 Predictions For FCPA Enforcement In 2020

  

  In addition to joining the chorus of others who predict that increased global engagement by U.S. authorities will lead to record levels of Foreign Corrupt Practices Act enforcement, we also expect 2020 will bring changes in FCPA restitution, calculation of damages, declinations to prosecute and more, say attorneys at V&E.

• HHS Drug Import Proposal Is Unlikely To Succeed

  

  The U.S. Department of Health and Human Services' outline for allowing states to import drugs from Canada raises questions about the U.S. Food and Drug Administration's authority to implement the rule and may be an attempt to deflect blame for high drug prices to manufacturers, say attorneys at King & Spalding.

• Managing Money Laundering Risk In The Art Trade

  

  The Office of Foreign Assets Control's recent declaration that a Lebanese art dealer's gallery was used to conceal Hezbollah financing is a reminder to the art community of the need for strict compliance with U.S. criminal anti-money laundering laws, say Nicole Horowitz and Brendan Hanifin of Ropes & Gray.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• What's Changed And What's The Same In Final CFIUS Rules

  

  The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

• Energy Cos. Face China State Secrecy Law Risks

  

  Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

• OFAC's New Iran Sanctions May Not Signal Seismic Change

  

  While President Donald Trump’s recent executive order expands the ability of the U.S. Office of Foreign Assets Control to sanction non-U.S. entities doing business with Iran, it remains to be seen whether OFAC will pursue aggressive enforcement of its strengthened secondary sanctions authority, say attorneys at Ropes & Gray.

• Drug Pricing: What Happened In 2019, What To Watch In 2020

  

  Last year saw a dizzying array of drug pricing actions and proposals from the White House, Congress and state governments, and this year the drug industry may face even greater pressure from groundbreaking changes to federal policy, among other developments, say Tom Bulleit and Scott Falin of Ropes & Gray.

• White House NEPA Overhaul Likely To Face Legal Challenges

  

  The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

• FinCEN's Most Lethal AML Weapon Against Foreign Banks

  

  As the U.S. Financial Crimes Enforcement Network plans to increase its use of so-called special measures under the USA Patriot Act, it is a good bet FinCEN will focus its efforts to exile foreign banks it believes pose a money laundering threat to the U.S. financial system, says Arthur Middlemiss at Lewis Baach.

• How International Trade May Play Out In 2020

  

  Despite the tumult the Trump administration's actions have created in international trade, the president's attempt at long-term disruption of global markets is unlikely to be successful, says Peter Quinter at GrayRobinson.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.