International Trade

  • September 30, 2016

    Former Toshiba-Samsung Venture Losing Bankruptcy Shields

    An optical disc drive venture created by technology giants Toshiba and Samsung had its Korean restructuring proceeding dismissed this week, losing the shield provided by the foreign bankruptcy court.

  • September 30, 2016

    GlaxoSmithKline To Pay $20M SEC Fine Over China Bribery

    U.K. drugmaker GlaxoSmithKline PLC will pay $20 million to the U.S. Securities and Exchange Commission to settle claims that it violated the Foreign Corrupt Practices Act through a scheme to bribe doctors in China to increase sales, according to an SEC order on Friday.

  • September 30, 2016

    Teva Knocks Out FCPA Probe Retaliation Suit

    Teva Pharmaceutical Industries Ltd. defeated a former executive's claims she was fired after she started cooperating with authorities on a bribery investigation when a Florida federal judge ruled Friday there was evidence showing the company had other reasons to want the executive out.

  • September 30, 2016

    Venezuela Asks ICSID To Ax $173M Tenaris Award

    Venezuela has asked the International Centre for Settlement of Investment Disputes to annul a $173 million arbitral award the country was ordered to pay steel tube supplier Tenaris SA earlier this year, according to the World Bank dispute resolution forum's website.

  • September 30, 2016

    DC Atty Again Targeted For Sanctions In Chiquita MDL

    Plaintiffs’ counsel in multidistrict litigation against Chiquita Brands International over alleged payoffs to murderous Colombian paramilitary groups on Thursday again asked for sanctions against one of their attorneys for intentionally divulging the group’s work product to Chiquita, saying his pattern of improper disclosures is delaying the case.

  • September 30, 2016

    State Dept. Revises Arms Regs Amid Trade Policy Shifts

    The U.S. Department of State on Thursday issued updates to its International Traffic in Arms Regulations to reflect changes in defense trade policy with several countries, including Sri Lanka's new ability to buy American weapons and the lift of a Vietnamese arms ban.

  • September 30, 2016

    EU Pushes Five Nations To Scrap Investment Treaties

    The executive arm of the European Union has upped the pressure on five member states to scrap their investor protection treaties with other EU countries, reasserting Thursday that such deals clash with the bloc’s single-market policies and moving one step closer to a lawsuit.

  • September 30, 2016

    Cos. Brace For Litigation Wave As Hanjin Bankruptcy Unfolds

    International shippers, port operators and transportation providers untangling the logistical mess wreaked by South Korean container carrier Hanjin Shipping Co. Ltd.'s bankruptcy are anxiously anticipating more litigation as creditors and vendors continue jostling for position to get paid. Here are three issues stemming from Hanjin going belly-up that experts say could prove fertile ground for legal battles.

  • September 29, 2016

    DOJ Clears 2 Texas Cos. For Self-Reported FCPA Violations

    The U.S. Department of Justice said Thursday it has closed Foreign Corrupt Practices Act investigations of two Texas companies that self-reported violations as part of the federal government's one-year pilot program offering reduced criminal fines in exchange for companies' preemptive action.

  • September 29, 2016

    Sens. Say TPP Fundamentally Flawed, Needs Reworking

    A group of Democratic and independent senators told the Obama administration on Thursday that the Trans-Pacific Partnership trade deal must be renegotiated, saying it has "fundamental flaws" that, among other things, will adversely affect the U.S. auto sector and allow foreign corporations to bring claims against the U.S.

  • September 29, 2016

    Privacy Shield Membership Swells To More Than 700 Cos.

    More than 700 companies, including tech stalwarts like Google and Dropbox, have committed to the overseas transfer of personal data under the landmark U.S.-European Union Privacy Shield mechanism, a senior U.S. Department of Commerce official said Wednesday.

  • September 29, 2016

    HK Co. Must Pay Costs After Failed Set-Aside Bid, Judge Says

    An Australian judge on Thursday ordered Sino Dragon Trading Ltd. to pay much, but not all, of the costs incurred by a Singaporean metals company following Sino's failed bid to set aside a $2 million award related to a botched iron ore purchase deal.

  • September 29, 2016

    ITC Adopts Interim Rules For Tariff-Cutting Submissions

    The U.S. International Trade Commission said Thursday that it is adopting interim rules to create a way for companies to submit items for potential tariff cuts under the new miscellaneous tariff bill process, forgoing the normal rulemaking process to meet a mid-October deadline.

  • September 29, 2016

    Och-Ziff Inks $413M FCPA Deal, Unit Pleads Guilty

    Och-Ziff Capital Management Group LLC will pay nearly $413 million in a deferred prosecution agreement and U.S. Securities and Exchange Commission settlement, while an African subsidiary pled guilty to violating the Foreign Corrupt Practices Act by bribing government officials, the SEC said Thursday.

  • September 29, 2016

    Azevedo Says Regional Trade Deals, Global Rules Must Mesh

    World Trade Organization Director-General Roberto Azevedo said Thursday that more work must be done to ensure “coherence” between regional trade deals and the WTO’s global rules both now and going forward, expressing optimism that the two strategies can peacefully coexist.

  • September 28, 2016

    EU Floats Update To Tighten Cybersecurity Export Rules

    The European Commission on Wednesday moved to update rules governing the export of cybersurveillance tools in order to make it more difficult for the dual-use technologies to be used to carry out human rights violations or terrorism, while clarifying obligations for exporters and national authorities.

  • September 28, 2016

    Rich Nations Can’t Quit Investor-State Arbitration: Paper

    With concern mounting in Europe and the U.S. that investor-state arbitration deals could ensnare their countries in expensive and risky disputes, a former lawyer with the World Bank’s arbitration court has warned that moves by advanced economies to quit the system could have a “chilling effect” on the investor-state dispute settlement process around the world.

  • September 28, 2016

    Och-Ziff Nears $400M Deal, Guilty Plea For Unit In FCPA Row

    Och-Ziff Capital Management Group LLC is expected to pay more than $400 million and a subsidiary will plead guilty to end investigations by the U.S. Department of Justice and the U.S. Securities and Exchange Commission into whether it bribed African officials, according to reports on Wednesday.

  • September 28, 2016

    Lawmakers Question US-EU Insurance Talks' Transparency

    A federal insurance advisor told a House subcommittee Wednesday that substantial progress has been made on a bilateral deal designed to place U.S. and European Union insurers and reinsurers on equal footing, while lawmakers continued to press for greater transparency on the talks.

  • September 28, 2016

    Obama Taps New Ambassador To Cuba In Late-Term Gambit

    President Barack Obama announced his intent to nominate the first ambassador to Cuba in more than five decades late Tuesday, teeing up a fierce battle with lawmakers opposing his ongoing attempt to open U.S. trade, immigration and sanctions policy toward Havana.

Expert Analysis

  • Charitable Donations And FCPA Risks: Lessons From Nu Skin

    Benjamin D. Klein

    The U.S. Securities and Exchange Commission's recent enforcement action under the Foreign Corrupt Practices Act against Nu Skin Enterprises highlights the risks of making charitable donations in high-risk countries without conducting meaningful anti-corruption due diligence, say Benjamin Klein and Louis Ramos of Morgan Lewis & Bockius LLP.

  • How Brexit Can Change Britain’s Relationship With Africa

    Tina Blazquez-Lopez

    The uncertainty surrounding Brexit is indeed worrying, but it also presents some unique possibilities for Africa. A post-Brexit Britain may afford the latitude and flexibility needed to meaningfully engage with the continent, says Tina Blazquez-Lopez of Pillsbury Winthrop Shaw Pittman LLP.

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • Should General Counsel Disclose Potential FCPA Violations?

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    When company officials discover that one of their employees or outside agents has bribed a foreign official, general counsel and upper management face an unpleasant dilemma. And recent DOJ guidance appears to complicate the situation, says John Lacey of Connell Foley LLP.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • A Tale Of Two Cities In Vietnam

    Giles Cooper

    In myriad ways, Vietnam’s two largest cities are considered poles apart. Yet, Hanoi and Ho Chi Minh City cannot escape comparison — or the presumption that they are trying to outdo one another. Ultimately, it is worthwhile to embrace the contrasts and appreciate that both cities possess attractive investment opportunities and, most likely, a bright future, says Giles Cooper of Duane Morris LLP.

  • International Comity Saves Vitamin C Defendants

    Ian Simmons

    The Second Circuit's decision last week in Vitamin C Antitrust Litigation shows that American courts may be increasingly likely to dismiss U.S. antitrust claims against foreign companies based in countries with heavy government involvement in the economy, say attorneys with O'Melveny & Myers LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • The Right Time To Make A CFIUS Filing

    Stephen Heifetz

    Foreign investors in U.S. companies often must consider whether and when to seek clearance from the Committee on Foreign Investment in the United States. Comparatively little guidance is available on the "when" question. Stephen Heifetz and Alexis Early of Steptoe & Johnson LLP provide several possible answers.

  • Harris Corp. FCPA Declination Is First Of Its Kind

    Robert W. Kent Jr.

    Commentators have justifiably been suspicious of regulators’ claims that they will reward companies that have strong Foreign Corrupt Practices Act compliance programs and that respond to allegations of misconduct as the government has recommended. However, it is difficult to read the recent Harris Corp. resolution as anything other than the government following through on its promises, says Robert Kent of Baker & McKenzie LLP.