International Trade

Expert Analysis

• 7 Steps To Romancing The Virtual Classroom

  Excerpt from Lexis Practice Advisor

  

  For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

• Opinion

  Global Economic Recovery Calls For Trade Policy Overhaul

  

  To chart a sustainable path for the decade or more that will be required for full economic recovery from the global pandemic, the U.S. and other G-20 nations need a course correction in trade policy, say Robert Holleyman and Himamauli Das at C&M International.

• Gov't, Amazon Programs Offer IP Protection During Pandemic

  

  In light of an increase in counterfeit goods exacerbated by the pandemic, retailers should consider Amazon programs and a government registry to safeguard their trademarks and patented products, say Jake Neu and Timothy Capria at Bradley Arant.

• Key Return-To-Work Considerations For Law Firms

  

  There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

• Lessons From SEC's Bribery Claim Against Ex-Goldman Exec

  

  The U.S. Securities and Exchange Commission's recent charge against a former Goldman Sachs U.K. executive over his role in a bribery scheme illustrates the importance of Foreign Corrupt Practices Act diligence that goes beyond representations of employees and others with an interest in a transaction, say John Murray and Shrutih Tewarie at Foley Hoag.

• Fewer Fed. Circ. Oral Arguments Diminish Judicial Process

  

  Due to COVID-19, the frequency of oral arguments in the Federal Circuit has significantly decreased, which may affect the number and content of the court's written opinions, with a consequent loss of depth to the judicial process, say Patrick Coyne and Benjamin Saidman at Finnegan.

• A Creative Solution For Teaching Local Practice In Law School

  

  To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

• Making Law Firm Panels Work For The Cost-Conscious GC

  

  General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

• Pandemic Presents Teamwork Test For Law Firms

  

  To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

• Opinion

  ITC Comcast Patent Ruling Shouldn't Be Overturned

  

  Following the U.S. International Trade Commission's carefully determined ruling that Comcast stole TiVo intellectual property, Comcast may be hoping for a public interest exception from the ITC or an overruling from President Donald Trump — but the company is unlikely to succeed on either front, says David Balto, a former policy director at the Federal Trade Commission.

• 4 Exceptions To Termination Of Intra-EU Investor Arbitration

  

  An agreement for the termination of intra-European Union bilateral investment treaties signed last week was intended to eliminate arbitration claims brought outside of the member states' court systems, but may have left certain avenues for such claims, say attorneys at Dechert.

• Mo. COVID-19 Suit May Not Bypass China's FSIA Protections

  

  Missouri’s lawsuit against the Chinese government alleging that the COVID-19 pandemic is a result of misinformation likely faces an uphill battle because the Foreign Sovereign Immunities Act's commercial and tortious activity exceptions may not apply, say Oksana Wright and Philip Langer at Fox Rothschild.

• Minimizing Damages In Gov't Procurement Antitrust Cases

  

  The U.S. Department of Justice has been employing an underutilized statute to seek treble civil damages in antitrust prosecutions involving government procurement, but there are ways companies can minimize the damages, says Juan Arteaga at Crowell & Moring.

• 8 Tips For Retaining An Expert During COVID-19 And Beyond

  

  Caroline Crump at Exponent and Natalie Baker Reis at Medical Research Consultants outline some strategies for creating a successful attorney-expert team, including unique considerations for pandemic-related closures and economic uncertainties.

• Comparing Force Majeure In New York And Italy

  

  Luca Pescatore and Andrew Riccio at Baker McKenzie compare force majeure and other defenses that may excuse performance of contractual obligations under New York and Italian law, likely to be invoked in cross-border commercial disputes arising from the effects of the COVID-19 pandemic.