International Trade

Expert Analysis

• The Factors Courts Consider In Deposition Location Disputes

  

  In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

• What To Consider Before Filing For A Rule 57 Speedy Hearing

  

  Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

• Series

  Why I Became A Lawyer: Expanding The Meaning Of Diversity

  

  My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

• Adapting To Gov't Contractor Rules Banning Chinese Telecom

  

  The U.S. government's revised Federal Acquisition Regulation, which prohibits federal agencies from acquiring telecommunications equipment and services produced by certain Chinese companies, applies across a strikingly broad range of contract values and types, say David Fletcher and Julia Fox at Perkins Coie.

• How The Wayback Machine Can Strengthen Your Case

  

  The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

• Growth In Global Export Controls Could Harm Tech Industry

  

  Recently proposed Chinese export control legislation demonstrates how current nationalist trends are throwing up fences at a time when the world’s technology development is more interwoven across borders than ever, say Reid Whitten and Julien Blanquart at Sheppard Mullin.

• Opinion

  Draft Civil Procedure Jurisdictional Rule Needs A Tweak

  

  The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

• Compliance Monitor May Help With CFIUS Approval

  

  The ability of a Chinese company to gain approval from the Committee on Foreign Investment in the U.S. for acquisition of a U.S. tech company may not hinge as much on the extent to which the technology is critical to national security as it will on convincing the government that the technology can be protected, says ​​​​​​​J. Keith Ausbrook at Guidepost Solutions.

• US Aid Agency Launch May Not Meet Expectations

  

  While some expect the new U.S. International Development Finance Corporation, which launches Oct. 1, to significantly affect markets in need of development funding, its modest initial budget is disheartening, say Thomas Trimble and John Bryant at Winston & Strawn.

• New Best Practices Under E-Discovery Spoliation Rule

  

  The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

• How Law Firms Can Create Content Decision Makers Will Read

  

  According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

• After Calm Summer, Expect CFIUS Landscape To Erupt

  

  The Committee on Foreign Investment in the United States is likely to shake up enforcement this fall by proposing regulations that impose new burdens on a broad set of potential investors, say attorneys at Wilson Sonsini.

• 2nd Circ.'s Seminal Rejection Of FCPA Conviction Challenge

  

  With United States v. Seng, the Second Circuit became the first federal appellate court to reject a challenge — per the Supreme Court's decision in McDonnell v. United States — to a Foreign Corrupt Practices Act conviction, sending an important message to companies attempting to comply with the expansive anti-bribery provisions of the FCPA, say attorneys at Nixon Peabody.

• Walmart Settlement's Lessons For Avoiding FCPA Prosecution

  

  The conduct that led to Walmart's recent settlement with federal authorities resolving alleged Foreign Corrupt Practices Act violations is worth recounting because it highlights what not to do in the corporate compliance context, say Ariel Neuman and Naomi Solomon at Bird Marella.

• The President’s Ability To Block US Business From China

  

  ​President Donald Trump​'s assertion Friday that he has the ”absolute right” under the International Economic Emergency Powers Act to order U.S. companies to leave China is technically incorrect​. But the president could issue an executive order that would be tantamount to a U.S. policy of economic disengagement with China​, which would carry significant risks,​ says Jeffrey Bialos at Eversheds Sutherland.