International Trade

Expert Analysis

• OFAC Measures Soften US Sanctions Against Turkey

  

  An Oct. 14 executive order provides broad authorities to issue harsh economic sanctions against Turkey, but their effect is largely mitigated by actions announced the same day by the Office of Foreign Assets Control, say attorneys at Davis Polk.

• New Data Shows BigLaw's True Profitability

  

  Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

• US-UK Agreement Expands DOJ Access To Tech Data

  

  The new U.S.-U.K. CLOUD Act agreement — which allows each country to demand electronic data directly from tech companies located in the other country — highlights the U.S. Department of Justice’s larger efforts to streamline the process by which the government can obtain evidence located abroad, says Brendan Quigley of Baker Botts.

• Challenging OFAC Sanctions And Civil Penalties In US Courts

  

  Following the recent expansion of the U.S. Office of Foreign Assets Control sanctions authority, it is important to remember that U.S. federal courts can be a post-administrative point of redress for setting aside OFAC determinations and civil penalties, say attorneys at Diaz Reus.

• Opinion

  Courts Keep Rejecting Litigation Funding Discovery Campaign

  

  As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

• How Emotionally Intelligent AI Could Assist With E-Discovery

  

  While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

• Chinese Acquisitions Even More Uncertain In New CFIUS Era

  

  While hostility toward Chinese-led investment in U.S. companies is not new, the proposal expanding the Committee on Foreign Investment in the United States' authority to scrutinize such deals casts further doubt over how many inbound Chinese investments in the U.S. will actually close, says Jing Zhao at Saul Ewing.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

• 3 Policy Developments To Watch As US-China Divide Grows

  

  While trade negotiations between the U.S. and China resume Thursday, it is difficult to imagine a trade agreement in the near term that could blunt the momentum of larger strategic forces pushing the two countries apart, say attorneys at Kirkland.

• 6 Ethics Tips For Attorneys Making Lateral Transfers

  

  With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

• Consider The Power Of Tactical Empathy

  

  By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

• The Problem — And Opportunity — Of Implicit Bias In The Bar

  

  Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

• Series

  Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

  

  U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

• Another Rollback In US-Cuba Financial Relations

  

  The new amendments to Cuban sanctions, together with an August executive order blocking Venezuelan government property, illustrate the Trump administration’s approach of restricting these countries' general access to the U.S. financial system while carving out permissible transactions with the private sectors in those countries, say attorneys at Hunton.

• Opinion

  True Wellness Requires A Deeper Look At Atty Profession

  

  While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.