International Trade

February 25, 2013
Shine Might Be Off Alt Fee Arrangements, GC Survey Shows

A significantly smaller percentage of in-house counsel used some form of alternative legal fee structures last year, according to a new legal survey from Fulbright & Jaworski LLP that defied previous years' upward trends and more vocal criticism in recent years of the billable hour.
February 25, 2013
In-House Teams Expand To Keep Pace With More Suits, Probes

Corporations beefed up their legal departments in 2012 and expect to do the same this year, according to a new report, with mounting regulatory challenges and abundant litigation combining to boost the need for in-house expertise.
February 25, 2013
Regulatory Probes Reach New High, GC Survey Shows

Regulatory investigations reached a five-year high in 2012, driven in part by a global bribery crackdown that forced companies to hire additional counsel and change their business practices, according to a survey of in-house attorneys released Tuesday by Fulbright & Jaworski LLP.
February 25, 2013
GCs Rate Fixed Fees Best Bang For Their Buck

In-house corporate lawyers last year rated fixed-fee legal pricing the most effective alternative fee model to the straight billable hour, according to an annual Fulbright & Jaworski LLP survey released Tuesday.
February 15, 2013
GCs Name Cream Of The Crop Litigators

Corporate counsel singled out nearly 100 litigators as the most client service-driven in their field thanks to their innate ability to deliver solid outcomes, effectively communicate litigation strategy and prioritize their clients' business interests.
December 20, 2012
GAO Says CPSC Needs Chance To Work With Foreign Agencies

The U.S. Government Accountability Office said Thursday that the Consumer Product Safety Commission's inability to ink information-sharing agreements with its foreign counterparts could be preventing it from staying informed about new product hazards, and that a statutory amendment may be needed to fix the issue.
December 6, 2012
Developing Countries' Investments Boom As Europe Pares Back

Outbound investment from developing countries hit record levels during 2012, buoying a global investment landscape hit hard by Europe’s economic woes and political instability across North Africa, according to a World Bank report Thursday.
December 5, 2012
DOE Study Gives Thumbs-Up To Increased LNG Exports

The U.S. Department of Energy on Wednesday released a long-awaited study recommending the wider export of liquefied natural gas, potentially paving the way for the regulatory approval of 15 pending LNG export facility applications.
October 5, 2012
Little Slack For FCPA Self-Reporters Shows Need For Guidance

As attorneys await an upcoming compliance guide to the Foreign Corrupt Practices Act from the U.S. Department of Justice, a recent study finding that companies self-reporting violations don't necessarily get breaks on sanctions from regulators lends support to the business community's calls for clear-cut cooperation rules, experts say.
September 21, 2012
WTO Downgrades Trade Growth Forecast For 2012-13

The World Trade Organization significantly downgraded its two-year forecast for global trade expansion Friday, citing the ongoing European sovereign debt crisis, a less-than-robust American economic recovery and a continuing drop in Chinese exports.
September 5, 2012
Lawyers Must Learn To Dance Around FCPA Discovery Dangers

When investigating potential violations of the Foreign Corrupt Practices Act, multinational companies' and their counsel's biggest roadblocks come in the form of high costs and varying data privacy laws — hurdles that experts say won't go away anytime soon.
August 31, 2012
4 Firms Feared Most By In-House Counsel

When dealing with high-stakes litigation, there are four top-notch firms that in-house counsel dread seeing on the other side of the courtroom, according to a new survey of corporate counsel.
July 11, 2012
DOJ Develops A Taste For Deferred Prosecution Deals

Federal prosecutors are on pace this year to sign a record number of corporate settlements, showing they want to punish companies for wrongdoing but not put them out of business, experts say.
June 29, 2012
Law360's Global 20 Firms Open Up New Frontiers

For the second year in a row, Law360 has selected and ranked the 20 law firms with the greatest global reach and expertise.
June 22, 2012
GCs Name Rolls Royce Of Law Firms

A new report based on interviews with corporate counsel has identified the eighteen law firms with the strongest brands in the legal market.
June 18, 2012
Most Execs Unconcerned About D&O Suits, Survey Finds

Most directors and officers at public companies are underestimating the risk they'll be sued, despite a high threat of shareholder actions over mergers and acquisitions and increasingly aggressive enforcement of the Foreign Corrupt Practices Act, according to a Chubb Specialty Insurance survey released Monday.
May 23, 2012
FCPA Crackdown Not Enough To Stop Bribery, CFOs Say

Companies are increasingly willing to pay bribes to secure business in expanding foreign markets, despite the threat of prosecution under the U.S. Foreign Corrupt Practices Act and other anti-bribery laws, according to a survey released Wednesday.
March 26, 2012
GAO Test Reveals Flood Of Counterfeit Parts From Chinese Cos.

A U.S. Government Accountability Office report released Monday found that all the military-grade electronic parts the agency had secretly purchased from Chinese vendors were suspected counterfeits or fake, renewing two U.S. senators' calls for action to crack down on the practice.
March 26, 2012
Cos. Strive To Keep Up With Bribery Laws, Survey Finds

Most multinational corporations recently surveyed by AlixPartners LLP said they were trying to enhance their anti-bribery compliance programs to keep up with increased foreign corruption enforcement and reform laws in the U.K. and U.S., but many are struggling to meet the shifting requirements with current staff.
March 23, 2012
FCPA, Bribery Laws Will Fuel White Collar Work, GCs Say

Better corporate compliance will mean fewer white collar cases for law firms, but those that remain will be complex and lucrative thanks to the Foreign Corrupt Practices Act and the U.K.’s Bribery Act, a new corporate legal spending report says.

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Expert Analysis

What Exporters Need To Do Before Oct. 15

With less than five months to go until the first round of changes instituting the Export Control Reform Initiative becomes effective, U.S. exporters must get their houses in order. From export classifications to licenses to training, companies must start adjusting now, say attorneys with Nixon Peabody LLP.
LNG Export Moratorium Has Ended — What Now?

The U.S. Department of Energy's recent order ending a nearly two-year moratorium on liquefied natural gas export approvals provides important insight into how the department will consider pending and future export applications. However, it also raises many questions and indicates that the DOE will not back down from its controversial position on its authority, say attorneys with Day Pitney LLP.
4 UK Bribery Act Myths — Debunked

The U.K. Bribery Act is somewhat complicated. Not surprisingly, therefore, misperceptions have arisen regarding its provisions, especially regarding the requirements, scope and exclusivity of Section 7 corporate liability, says Eli Richardson of Bass Berry & Sims PLC.
Rise Of The Machines — Predictive Coding Goes Mainstream

The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
Unprecedented FCPA Wake-Up Call For US Broker-Dealers

The extraordinary criminal bribery charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official highlight that a broker-dealer’s anti-money laundering procedures, as well as oversight of their registered people, should have a Foreign Corrupt Practices Act component if the firm is doing international business, say attorneys with Duane Morris LLP.
A Roadmap For Navigating The Revised USML And CCL

Following six steps will help exporters evaluate the export control classifications of their products under the revised U.S. Munitions List and Commerce Control List, say attorneys with Nixon Peabody LLP.
K-V Case Tests Limits Of ITC Jurisdiction

As illustrated by the recent K-V Pharmaceutical Co. case, the U.S. International Trade Commission will likely closely review complaints that could usurp the power of another federal agency and potentially undermine that agency's application of its own rules, say Eric Fues and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.
More DOJ Use Of Cooperating Witnesses In Corruption Cases

The emergence of a cooperating witness begins to complete the puzzle of the scheme to defraud and catapults the investigation to new heights. A recent arrest by the FBI in an ongoing Foreign Corrupt Practices Act investigation appears to follow this same modus operandi, says Douglas Small of Berkeley Research Group LLC.
4 Takeaways From 2nd Highest FCPA Penalty

A New York federal court recently entered a final judgment against a former Siemens AG executive for his alleged role in a purported $100 million bribery scheme for Siemens to obtain a $1 billion contract from Argentina. Third-party sham contracts continue to be a prevalent theme in the alleged facts contained in corruption enforcement filings and resolutions, say attorneys with Fulbright & Jaworski LLP.
10 Steps To Effective Anti-Corruption Compliance

In order to implement the Foreign Corrupt Practices Act resource guide's critical instructions for corporate boards, senior executives and compliance professionals for designing an “effective” anti-corruption compliance program, companies must tackle 10 essential tasks, says Michael Volkov of The Volkov Law Group LLC.

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