International Trade

Expert Analysis

• Series

  Trade Wars: Anti-Dumping And Countervailing Duty Trends

  

  In the first article of this special series on the Trump administration's trade policies, attorneys from Covington & Burling LLP explore how a notable increase in U.S. anti-dumping and countervailing duty enforcement actions is creating significant compliance challenges for foreign companies and U.S. importers.

• Industry Takeaways From The Defense Industrial Base Report

  

  While the long-awaited interagency assessment of the U.S. manufacturing and defense industrial base does not incorporate detailed policy solutions, it does identify current actions and potential future efforts and recommendations. Attorneys with Covington & Burling LLP draw some initial conclusions.

• The Side Effects Of Policing 'Speech Monopolies'

  

  Are companies such as Facebook, Amazon, Twitter and Google stifling free speech on their platforms? If the answer top antitrust regulators arrive at is “yes,” then significant new risks could be coming for not only these tech behemoths, but any businesses that utilize their platforms — in the U.S. or abroad, say attorneys at Kobre & Kim LLP.

• CFIUS Pilot Program: Immediate Investment Implications

  

  The Committee on Foreign Investment in the United States has announced a pilot program to review noncontrolling foreign investments in certain U.S. industries that were formerly outside the scope of its jurisdiction. This is a rapid assertion of CFIUS' new powers under the Foreign Investment Risk Review Modernization Act, say attorneys with Ropes & Gray LLP.

• Opinion

  The ABA Was Dead Wrong About Model Rule 8.4(g)

  

  In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

• Opinion

  The Supreme Court Should Become Boring

  

  In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

• Q&A

  Back To School: BC's Kent Greenfield Talks Corporate Law

  

  In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

• 10 Years Of Inaction On US-Flag Cargo Preference

  

  The 2009 National Defense Authorization Act granted the U.S. Maritime Administration increased authority to enforce the requirement that at least half of government-impelled cargoes be carried on U.S.-flag vessels. But in the intervening decade, regulatory efforts toward this goal have failed. If Congress wishes to preserve the U.S.-flag fleet, it must take further action, says Jeff Vogel of Cozen O’Connor.

• How FIRRMA Changes The Game For Tech Cos. And Investors

  

  The Foreign Investment Risk Review Modernization Act, signed into law in August, will significantly alter how the Committee on Foreign Investment in the United States conducts its work. Emerging technology companies, and their prospective investors, must be mindful of whether investments are now subject to CFIUS jurisdiction, say attorneys at Latham & Watkins LLP.

• Inside The Petrobras FCPA Resolution

  

  The Operation Car Wash investigation that began in 2008 brought down numerous Brazilian politicians and Petrobras officials and led to one of the largest Foreign Corrupt Practices Act settlements last month. The resolution highlights the myriad ways in which Petrobras failed to implement a robust anti-corruption compliance program, say attorneys with Jenner & Block LLP.