International Trade

Expert Analysis

• Are Litigation Funding Documents Protected From Discovery?

  

  With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

• How COVID-19 Might Uproot Centuries Of Litigation Traditions

  

  Litigation has historically been an in-person activity, but the COVID-19 crisis might bring a long-lasting shift toward adoption of technologies that allow discovery and other litigation activities to proceed in a manner that preserves social distancing, say Elisabeth Ross and Christopher Hennessy at Cozen O’Connor.

• Unpacking GSA's Waiver Of Medical Supply Trade Restrictions

  

  While a recent U.S. General Services Administration notice temporarily waives certain trade restrictions on medical supplies and personal protective equipment, federal supply schedule contractors should be cautious when adding scarce products to their agreements, say Holly Roth and Elizabeth Leavy at Reed Smith.

• ​​​​​​​CFIUS' Real Estate Reference Tool Comes With Limitations

  

  The Committee on Foreign Investment in the United States’ recently released geographic reference tool for determining whether foreign transactions are subject to new real estate regulations suffers from several shortcomings, including its role as a guideline only, its over- and under-inclusivity in certain areas, and disregard for exceptions, say attorneys at Ropes & Gray.

• Consider Legal Ramifications Before Recording Video Calls

  

  Given the ease with which videoconference participants can unwittingly risk civil and criminal liability by unlawfully recording calls, attorneys should be mindful of — and clients may appreciate prospective advice on — state consent laws and the various meeting platforms' consent features, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

• Unpacking FEMA's Efforts To Secure Needed Medical Supplies

  

  While suppliers and distributors may want to take advantage of opportunities created by the government’s efforts to fast-track procurement of medical and personal protective equipment, they should also be mindful of newly imposed export restrictions, say attorneys at McCarter & English.

• 3 Tips For Deposing Difficult Witnesses Remotely

  

  Taking a deposition of an uncooperative witness is one task made immeasurably more difficult during the current pandemic, and certain deposition styles that may be extremely forceful in person may have limited effectiveness over videoconference, says Qian Julie Wang at Robins Kaplan.

• Opinion

  IP Policy Must Focus On COVID-19 Cure, Not Special Interests

  

  Assessing several intellectual property provisions in international and domestic bills related to COVID-19, it is disappointing to see different sectors of the IP community express long-held positions irrespective of current conditions, rather than support for innovative company efforts to find a cure, says Robert Stoll at Faegre Drinker.

• How The Pandemic Will Affect Global Aluminum Trade Probe

  

  The COVID-19 crisis has created some unique administrative hurdles for the U.S. International Trade Commission and U.S. Department of Commerce's investigation into potentially unfair practices in the aluminum trade involving 18 countries, says Mark Ludwikowski at Clark Hill.

• Opinion

  New Jersey's Plan For 2020 Law Grads Is Brilliant

  

  The New Jersey Supreme Court's much-needed order allowing this year's law school graduates to practice prior to being admitted should be adopted in New York — and developed further even after the pandemic ceases, says attorney Dmitriy Shakhnevich.

• The Humanitarian Aid Allowed Under US Sanctions Regime

  

  Significant opportunity exists, even under sweeping U.S. sanctions programs currently in force, for companies, nonprofits and others to provide humanitarian support to Iran and other sanctioned countries heavily impacted by the pandemic, say Mario Mancuso and Anthony Rapa at Kirkland.

• Managing E-Discovery Providers In Times Of Crisis

  

  Retention of e-discovery providers usually involves considerable time and several layers of approval, but practicalities during the current emergency have proven that law firms must have the acuity to make smart but quick game-time decisions, says Shannon Capone Kirk at Ropes & Gray.

• Witness Preparation Tips For Your Next Video Deposition

  

  Just like in a normal deposition, remind your witness that testimony provided via videoconference may be used in a courtroom, so they must be mindful of everything they say or don’t say, the space they are in, and their attire, say Adam Bloomberg and Merrie Jo Pitera at Litigation Insights.

• Rebuttal

  In Defense Of Virtual Mediation

  

  A recent Law360 guest article highlighted reluctance among some in the legal community to embrace video mediation, but when assessing the concerns, it quickly becomes clear that the disinclination is not rooted in any firm rationale, says Michael Willemin at Wigdor.

• Limits Of FCPA Jurisdiction Over Foreigners After Hoskins

  

  The prosecution of former Alstom executive Lawrence Hoskins and other recent cases illuminate the outer limits of the Foreign Corrupt Practices Act’s jurisdiction over foreign persons, but many issues remain to be litigated, and a circuit split may yet need to be resolved, say Jason Linder and William Sinnott at Mayer Brown.