International Trade

Inbound And Outbound US Tax Planning After The MLI

The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting was signed this month by 68 jursidictions. The United States has not signed on, but the convention may impact foreign investors in the U.S., and U.S.-based multinationals. Still, interesting planning opportunities remain, say Jeffrey Rubinger and Summer Ayers LePree of Bilzin Sumberg Baena Price & Axelrod LLP.

Opinion

Justice Kennedy's Moderating Influence On The High Court

The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

The Primary Effects Of Rolling Back Cuba Sanctions Relief

A recent presidential directive lays out the framework for rolling back certain Obama-era regulations that eased travel and trade restrictions between the United States and Cuba. Although the action has received extensive coverage, its impact is fairly limited, says Paul Marquardt of Cleary Gottlieb Steen & Hamilton LLP.

Weekly Column

Innovating For Wise Juries: Juror-Posed Questions

One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

Post-Election Britain: Soft, Softer Or Softest Brexit?

Following the results of the United Kingdom's general election earlier this month, a much softer form of Brexit is now more likely. However, a softer Brexit would likely mean giving up some of the freedoms that motivated the U.K. to leave the European Union in the first place, says Markus Gehring of the Centre for International Governance Innovation.

DOJ Signals More Fairness In Multinational Investigations

The number of multinational criminal and regulatory investigations is increasing. The good news for companies that find themselves to be subjects of these investigations is that the U.S. Department of Justice now recognizes a need for global resolutions, says Brandon Fox, a partner at Jenner & Block LLP and former federal prosecutor.

Texas Steel Bill Raises Questions For Construction

Texas Senate Bill 1289 requires the use of domestic iron and steel for public infrastructure projects in the state. But given the higher price of U.S.-sourced steel, the bill would increase project costs significantly, likely resulting in fewer capital improvements, and possibly impacting construction-related jobs, say Brian Gaudet and Traci Donatto of Coats Rose PC.

Understanding Product Liability Settlements Down Under

As in the U.S., a product liability lawsuit in Australia can be resolved through an out-of-court settlement agreement. But the mechanisms for settlement in Australian litigation differ from how cases are settled in the U.S. Knowing the settlement landscape and possible costs consequences is important for U.S.-based companies who operate or distribute in Australia, says Bettina Sorbello of DibbsBarker.

Opinion

DOJ Would Strongly Enforce More Russia Sanctions

The deft bundling of the Russia and Iran sanctions, backed by broad support in the Senate and Speaker Paul Ryan’s support in the House, will almost certainly lead to the president signing the bill into law — or risk his veto of a national security bill being quickly overridden. Assuming it becomes law, will enforcement be a priority for the Justice Department? The answer is a strong yes, says Harry Dixon of Taylor English Duma LLP.

Tips For Complying With ABA’s New Encryption Guidance

Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.