International Trade

Expert Analysis

• Series

  Judging A Book: Conrad Reviews 'The Jury Crisis'

  

  In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

• Working With Foreign Parties In Real Estate Transactions

  Excerpt from Lexis Practice Advisor

  

  As more and more U.S. real estate is bought and sold by foreign investors, it is becoming increasingly important for real estate attorneys to understand the added complexities that may arise in transactions involving foreign parties, say Spencer Compton of First American Title Insurance Company and attorney Diane Schottenstein.

• A Reminder To Address Sanctions Compliance Shortfalls

  

  The sanctions enforcement action and major settlement with Standard Chartered highlights U.S. and U.K. regulators’ continued focus on compliance, and their specific attention to the lapses in internal controls that led to the alleged violations, say attorneys with Paul Hastings.

• Revamping Your Approach To Client Development

  

  As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

• What Lawyers Must Know Before Acting As Escrow Agents

  

  The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

• Freelance Attorneys Are An Asset To In-House Legal Teams

  

  With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

• 5 Principles For Responding To Government Investigations

  

  While not every government-issued subpoena will lead to a multiyear probe, criminal fines, forfeiture and disgorgement — like the U.S. government’s recently settled bribery investigation into Mobile TeleSystems — five key fundamentals can provide an instrument to triage and resolve such inquires on more favorable terms, says Holly Drumheller Butler of Miles & Stockbridge.

• Book Excerpt

  'Big Tech' Questions Echo Early Days Of US Corporate Law

  

  The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

• OFAC Is Raising The Compliance Bar

  

  Last week's settlement with Stanley Black & Decker is the most recent enforcement action in which the U.S. Treasury Department's Office of Foreign Assets Control appears to be communicating, in uncharacteristically direct terms, heightened compliance expectations for pre- and post-acquisition companies, say attorneys at Ropes & Gray.

• How EU Businesses Are Responding To US Sanctions On Iran

  

  Because the United States scrapped the Joint Comprehensive Plan of Action, large EU companies with substantial U.S. exposure will likely suspend business with Iran, but the European Union's protective measures against U.S. sanctions should provide some comfort to smaller businesses, says Kartik Mittal of Zaiwalla & Co.

• Grindr, CFIUS And The National Security Risks Of Dating

  

  The Committee on Foreign Investment in the United States reportedly ordered Chinese technology firm Kunlun to sell its interest in the dating app Grindr, which suggests an increase in scrutiny of foreign investments in U.S. businesses that collect or maintain sensitive personally identifying information, say attorneys with Ropes & Gray.

• Managing Gov't Supply Chain In An Age Of Protectionism

  

  Aerospace, defense and government services companies must be prepared for significant supply-chain management challenges from the U.S., including recent efforts to encourage government contractors to use U.S.-manufactured materials, more aggressive enforcement of customs and duties laws, and increased enforcement under the False Claims Act, say attorneys at Hogan Lovells.

• What Real Estate Attys Can Learn From MIPIM

  

  Jane Smith and Jarret Stephens of Norton Rose highlight some of the global perspectives and trends showcased at Marché International des Professionnels d'Immobilier, a recent international property conference in France.

• CFIUS 2.0 Roundup: The Pilot Program, The Shoulder Shrug

  

  Last year's Foreign Investment Risk Review Modernization Act ushered in a new era for the Committee on Foreign Investment in the United States. Perhaps the clearest lesson is that a short-form filing with CFIUS often will result in a nondecision by the committee, say Stephen Heifetz and Joshua Gruenspecht of Wilson Sonsini.

• Brexit Risk-Disclosure Considerations For US Reporting Cos.

  

  Following recent remarks on Brexit by officials from the U.S. Securities and Exchange Commission and the U.K.'s Financial Conduct Authority, attorneys with Norton Rose Fulbright discuss the potential operational, financial and accounting risks posed by different Brexit scenarios that boards and audit committees should discuss in company disclosures.