International Trade

Expert Analysis

• Simple Secrets For Writing A Killer Brief

  

  These days, the legal profession offers meager opportunity for oral argument, so we need to focus on being better, brighter, tighter writers. And the key to writing a better brief is grabbing your judge's attention with a persuasive, well-crafted story, says Daniel Karon of Karon LLC.

• Is Your Chinese Supplier Using North Korean Materials?

  

  E.l.f. Cosmetics recently settled with the U.S. Treasury Department’s Office of Foreign Assets Control for importing Chinese-made eyelash kits containing materials from North Korea. This case highlights the risks of sourcing goods from China — and the need for a robust supply chain compliance program, say Kara Bombach and Danielle Garno of Greenberg Traurig LLP.

• Potential New FCPA Enforcement Targets Come Into Focus

  

  Recent revelations of a Foreign Corrupt Practices Act investigation into Major League Baseball, as well as statements from FCPA enforcement authorities, indicate an increasing focus on industries that have not traditionally emphasized FCPA and anti-corruption compliance, say David Chaiken and Kurt Wolfe of Troutman Sanders LLP.

• Finding Sovereign Assets Through US Banks

  

  A creditor with a judgment against a sovereign debtor may be able to obtain information on the debtor's assets and behavior, but there is often confusion regarding the ways in which investigative firms can examine the finances of a sovereign debtor, says Brian Asher of Asher Research.

• 3 Lessons From A Crypto Mock Trial

  

  We recently hatched a plan to test whether litigators could get blockchain ledger entries into evidence under the existing Federal Rules of Evidence, and we found a federal judge willing to help us, say attorneys Justin Steffen, Andrew Hinkes, Lisa Braganca, Christopher Veatch, Kashan Pathan and Jimmie Zhang.

• New 'Buy American' Challenges For Suppliers, Contractors

  

  Last month, President Donald Trump signed an executive order expanding the types of infrastructure projects subject to Buy American requirements. Keeping in mind that the order must be interpreted consistent with current law, it raises several issues worthy of note, say attorneys at Akin Gump Strauss Hauer and Feld LLP.

• Q&A

  A Chat With McDermott COO John Yoshimura

  

  In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature John Yoshimura, chief operating officer at McDermott Will & Emery LLP.

• China's Blocking Statute Creates New Challenges For Cos.

  

  China's recently enacted International Criminal Judicial Assistance Law requires governmental approval before any entity in China — including a multinational corporation — can provide evidence or assistance in any other countries’ criminal proceedings. Balancing the expectations of foreign regulators with Chinese legal requirements will be complex, say attorneys at Ropes & Gray LLP.

• Opinion

  The Problem With 'Optimal' Diversity

  

  Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

• How Newly Broadened Venezuela Sanctions Affect Securities

  

  The U.S. Treasury Department’s Office of Foreign Assets Control recently amended the general licenses that authorize dealings in bonds and securities otherwise prohibited by U.S. sanctions on Venezuela — apparently to target parties that would facilitate transactions between Petróleos de Venezuela SA securities holders and blocked individuals, say attorneys at Hunton Andrews Kurth LLP.

• Fresh Takes On Seeking Costs And Fees Under Rule 45

  

  Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

• Opinion

  Brexit International Arbitration Clause Is Misunderstood

  

  Much of the criticism aimed at the international arbitration clause in the recent Brexit withdrawal agreement unfairly identifies a perceived lack of transparency and appears to be based on a lack of understanding about the process, says Margarita Michael of O'Melveny & Myers LLP.

• Defending False Claims Act Matters During The Trade War

  

  In the politically charged trade landscape created by President Donald Trump's policies, companies operating within cross-border supply chains must redouble buy-American compliance efforts and understand how to defend trade-related False Claims Act suits, say Michael Theis and Karla Aghedo at Hogan Lovells.

• Series

  Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

  

  "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

• Guest Feature

  'The Mooch' Talks Mayhem, Con Law, Lessons From Harvard

  

  Anthony Scaramucci is probably best known for the 11 days he spent as White House director of communications in 2017. But when White and Williams LLP attorney Randy Maniloff sat down to chat with "the Mooch," he was interested in hearing a different story.