Expert Analysis

• Opinion

  OFAC Designation Prosecutions Are Constitutionally Suspect

  

  Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.

• Series

  The Pop Culture Docket: Judge Elrod On 'Jury Duty'

  

  Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

• Contract Disputes Recap: Nonmonetary Claims, Timeliness

  

  Bret Marfut and Stephanie Magnell at Seyfarth look at recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims that shed light on the jurisdictional contours of the Contract Disputes Act and provide useful guidance on timely filings and jurisdiction over nonmonetary claims.

• 4 Business-Building Strategies For Introvert Attorneys

  Excerpt from Practical Guidance

  

  Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

• Opinion

  FinCEN Regs Must Recognize Int'l Whistleblower Realities

  

  In drafting regulations to implement an anti-money laundering whistleblower program, the Financial Crimes Enforcement Network must follow the mandates laid out in the White House’s global anti-corruption strategy to protect and compensate whistleblowers in extreme danger worldwide, says Stephen Kohn at Kohn Kohn.

• FTC's 'Made in USA' Enforcement Goes Beyond Labeling Rule

  

  The Federal Trade Commission's recent enforcement action against a group of businesses for falsely claiming that clothing was made domestically demonstrates that even where the agency's "Made in USA" labeling rule is not violated, other kinds of improper claims about products' origins can get companies in trouble, say Wrede Smith and Kali Yallourakis at McGuireWoods.

• A Practitioner's Guide To China's New Generative AI Reg

  

  China's Interim Administrative Measures for Generative Artificial Intelligence Services went into effect Aug. 15, and examining 10 frequently asked questions will help practitioners understand the most relevant regulatory issues and develop a risk assessment framework specific to generative AI products or services, say Yan Luo and Xuezi Dan at Covington.

• Fed. Circ. Ruling Could Increase Importers' Evidence Access

  

  The Federal Circuit's recent decision — that CBP violated Royal Brush Manufacturing's due process rights by refusing to provide privileged information used by the agency in its noncompliance decision — paves the way for importers accused of evading anti-dumping duty orders to access this type of confidential business information, say attorneys at Mayer Brown.

• Chinese Investment In Latin America Raises Corruption Risks

  

  A wave of Chinese investments in Latin America has increased an already elevated risk profile, so U.S. companies that operate in the region would be wise to bolster their compliance programs as more bribery and corruption-related enforcement activity is sure to come, say Drew Costello, Brian Ross and Jordan Basich at Forensic Risk Alliance.

• Opinion

  3 Ways Justices' Disclosure Defenses Miss The Ethical Point

  

  The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

• How US Investment Regulation May Shift Under Biden Order

  

  Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.

• 5 Compliance Mistakes To Avoid When Entering A New Market

  

  As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.

• Where Biden's Outbound Investment Effort May Be Headed

  

  The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.

• Caregiver Flexibility Is Crucial For Atty Engagement, Retention

  

  As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

• Strike Force Actions Underscore Foreign Risks For Tech Cos.

  

  As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.