International Trade

January 22, 2019
EU Antitrust Enforcer Fines Mastercard €570M On Swipe Fees

The European Commission said Tuesday it has fined Mastercard Inc. €570 million ($648 million) for denying merchants access to payment services outside their home countries in breach of the bloc’s antitrust rules.
January 21, 2019
UK Gov't Won't Rule Out No-Deal Brexit, May Insists

Prime Minister Theresa May said Monday that her government will not rule out leaving the European Union without a deal and will not seek an extension of the March 29 departure date, despite continued parliamentary resistance to her draft withdrawal agreement.
January 18, 2019
EU Eyeing Opening Markets For Biosimilar, Generic Drugs

The European Union is developing a draft regulation that would allow continent-based makers of generic and biosimilar drugs to manufacture their versions of protected drugs for exportation to foreign markets where the protections don't exist or have expired, the European Council has announced.
January 18, 2019
WTO Opens Informal Talks To Settle Appellate Body Impasse

World Trade Organization members have begun informally discussing options to rescue the Appellate Body, which has been all but shuttered as the Trump administration continues to block the appointment of any new judges in Geneva, the WTO’s General Council said Friday.
January 18, 2019
Oro Negro Ch. 15 Parties Agree To Mediate Rig Fight

In an effort to streamline dual bankruptcy proceedings for Mexican oil rig company Perforadora Oro Negro in its home country and the U.S., a domestic mediator will join negotiations between the company and its creditors in a jack-up rig seizure dispute, a U.S. bankruptcy judge said.
January 18, 2019
White & Case Adds Former Justice Dept. Head, Gaming GC

White & Case LLP has beefed up it governance, disputes, sanctions and antitrust practices with the addition of an O'Melveny & Myers LLP former partner whose varied career includes being a presidential appointee supervising all Justice Department financial prosecutions and serving as general counsel to two different public gaming companies.
January 18, 2019
Bill Would Ban Tech Sales To Some Chinese Telecom Cos.

Several congressmen introduced a bipartisan bill that would impose penalties and restrict sales to Chinese telecom companies that have violated export control or sanctions laws, after the chief financial officer of Huawei Technologies was detained last month in Canada.
January 18, 2019
Importer Penalized For Ducking Hanger, Garment Bag Duties

A Georgia importer was hit with a nearly $530,000 default judgment on Friday at the U.S. Court of International Trade, after a federal judge found the company skirted duties by mislabeling its wire hanger and garment bag shipments from China.
January 18, 2019
EU Counters Trump With Narrow Vision For US Trade Deal

The European Union on Friday presented a considerably more modest vision for upcoming trade talks with the U.S. than the one outlined by the Trump administration last week, raising tensions between the two partners before the negotiations even begin.
January 17, 2019
US Blasts WTO Rules Treating China As Developing Country

The U.S. on Wednesday published a paper taking the World Trade Organization to task for its rules allowing countries such as China to continue earning preferential treatment as “self-declared” developing countries, notably pointing to Beijing’s growth since the trade body’s inception.
January 17, 2019
WTO Panel Set To Examine US-China Patent Battle

The World Trade Organization has assembled a panel that will weigh the Trump administration’s allegation that China has violated international trade laws with patent rules that purportedly discriminate against foreign technology companies, according to a document published Thursday.
January 17, 2019
EU Member States Will Terminate Intra-EU Treaties

European Union member states have agreed to terminate their intra-EU bilateral investment treaties following a monumental decision issued last year by Europe's top court, with a majority of those nations saying the decision is also applicable to the multilateral Energy Charter Treaty.
January 17, 2019
CIT Sends Chinese Off-Road Tire Ruling Back To Commerce

The U.S. Department of Commerce should take another look at the methodology it used in a review of duties on off-road tires from China, the U.S. Court of International Trade ruled Wednesday, finding that the department wrongly determined that a Chinese value-added tax on the materials used in tire production was an export tax because it could not be refunded.
January 17, 2019
Steptoe Nabs Boies Schiller Trial Atty To Co-Head LA Office

Steptoe & Johnson LLP has hired a Boies Schiller Flexner LLP trial lawyer with experience representing clients in employment, intellectual property and complex commercial disputes to serve as its co-managing partner in its Los Angeles office, the firm announced Wednesday.
January 17, 2019
Bill To Beef Up Trump's Trade Powers Expected Next Week

A White House-backed bill that would give President Donald Trump more authority to impose unilateral tariffs is likely to be introduced by Rep. Sean Duffy, R-Wis., next week, teeing off another round of congressional battling over the president's expansive trade powers.
January 17, 2019
Brexit Debate Enters New Legal Terrain With Talk Of Delay

A Brexit "Plan B" could involve a legally untested extension of the U.K.'s planned departure date after Parliament rejected the government's withdrawal agreement, easing the immediate threat that British banks and businesses will plunge into a regulatory void if there is no deal, according to lawyers and political experts.
January 17, 2019
Hard Brexit Will Threaten GDPR Data Swap, Regulator Warns

British companies that share data across national borders should brace themselves for legal disruption if the country crashes out of the European Union without a trade deal on March 29, a senior official at the Information Commissioner’s Office warned on Thursday.
January 16, 2019
Panasonic Avionics Hires New GC Following Corruption Probe

Panasonic Avionics Corp. has tapped Kimberly Chainey as general counsel after a turbulent, five-year-long government investigation and settlement over alleged corrupt practices relating to foreign government-owned airlines, the in-flight entertainment and communications company announced Tuesday.
January 16, 2019
Move To Block Russia Sanction Deal Dies In Senate

The Treasury Department is free to relax U.S. sanctions on three companies tied to a Russian oligarch after Senate Democrats on Wednesday failed to pick up enough Republicans to oppose the move.
January 16, 2019
Venezuela Challenges Colombian Fuel Import Rules In WTO

Venezuela has initiated a dispute in the World Trade Organization that claims Colombia has limited the distribution of imported fuel and given Colombian domestic producers an unfair advantage in violation of global trade accords.

Expert Analysis

Diversity's Next Step: Developing Minority Partners

The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.
CFIUS During The Shutdown: What It Means For Deals

With no clear end in sight to the government shutdown — including the shutdown of a majority of the Committee on Foreign Investment in the United States — global companies, strategic investors and their outside counsel must carefully consider the ongoing impact on deals at all stages, say attorneys at Skadden Arps Slate Meagher & Flom LLP.
Arbitrators And Mediators Should Reflect Society's Diversity

Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.
Why AFAs Are Key To The Future Of Legal Practice

Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.
New US Development Entity Will Spur Investment In Africa

The global emerging-markets private equity community is abuzz with the prospect of a new U.S. development funding institution coming on the scene this year that is expected to increase competition among existing funding institutions and spur first-time investment, especially in Africa, say Thomas Trimble and John Bryant of Winston & Strawn LLP.
How A No-Deal Brexit Would Affect Life Sciences Cos.

Under a no-deal Brexit scenario, all provisions of EU law will no longer apply to the U.K., with potentially chaotic results for the life sciences industry. In particular, the impact on marketing authorizations could be highly disruptive, say attorneys at Latham & Watkins LLP.
Series

Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.
Automotive Tech In 2018: Legal Trends And Developments

The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation, say attorneys with WilmerHale.
Opinion

The Case For Lawyer-Directed Litigation Funding In NY: Part 2

Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.
Cybersecurity's Developing Role In FCPA Compliance

While much attention has been paid to recent revisions to the Foreign Corrupt Practices Act Corporate Enforcement Policy, other developments suggest that the U.S. Department of Justice may also be adapting FCPA enforcement principles to the area of cybersecurity, say attorneys with Ropes & Gray LLP.

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