A proposal under consideration by the U.S. to eliminate investor-state dispute resolution from the North American Free Trade Agreement would mark a sharp departure from previous administration policy and likely set a precedent for future trade negotiations, experts say.
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Sunday, February 25, 2018 Follow Law360



Nixing NAFTA Arbitration Provision Would Touch New Ground

A proposal under consideration by the U.S. to eliminate investor-state dispute resolution from the North American Free Trade Agreement would mark a sharp departure from previous administration policy and likely set a precedent for future trade negotiations, experts say. Read more »

US Squeezes N. Korean Shipping Sector With New Sanctions

The Trump administration on Friday unveiled a slew of new sanctions aimed at cracking down on North Korea’s shipping industry, flexing its muscle in what the president deemed the “largest ever” sanctions package imposed against the country. Read more »

Trump Taps Former USTR Atty For Int'l Trade Commission

President Donald Trump intends to nominate a former U.S. Trade Representative attorney for a seat on the U.S. International Trade Commission, the White House said Friday. Read more »

Pentagon Favors 'Targeted' Steel, Aluminum Tariffs

The U.S. Department of Defense has endorsed hitting imports of steel and aluminum with “targeted” tariffs rather than across-the-board enforcement measures, according to a memo released by the Trump administration late Thursday. Read more »



Tax Reform Seen Prompting Few Transfer Pricing Settlements

The new U.S. tax on deemed repatriated offshore earnings could encourage the Internal Revenue Service to settle some pending transfer pricing cases, but it won’t cause the agency to abandon most of those assessments, practitioners told Law360. Read more »

China's New VPN Crackdown 'Troubling,' US Tells WTO

The U.S. expressed concern Friday over China’s new internet access rules that seem to impose restrictions on virtual private networks, telling the World Trade Organization that China has not provided the proper assurance on the rules’ effects on cross-border business before they come into force next month. Read more »

Canada Says It Has No Plans To Nix Arbitration From NAFTA

A Canadian trade official refuted reports that Canada has proposed to the U.S. eliminating the North American Free Trade Agreement's investor-state dispute settlement provision, telling Law360 on Thursday that if the U.S. intends to opt out of the provision, Canada will focus on a bilateral arbitration mechanism with Mexico. Read more »


Valeant Says Stomach Ulcer Drug Is Being Imported Unfairly

Valeant Pharmaceuticals Inc. filed a claim with the U.S. International Trade Commission alleging that three American companies sold in the U.S. "falsely and misleadingly labeled" drugs containing clidinium bromide that purported to be generic versions of Valeant's stomach ulcer drug Librax, in violation of the Tariff Act of 1930. Read more »


Air Unions Fight To Upend Norwegian Air Permit At DC Circ.

Airline unions urged the D.C. Circuit Friday to upend the U.S. Department of Transportation's grant of a foreign air carrier permit to Norwegian Air Shuttle ASA's Irish subsidiary, arguing all they need for standing for the challenge is market entry by a competitor that allegedly will undercut labor standards. Read more »


State Dept. Approves $3.2B Patriot Missile Sale To Sweden

The U.S. State Department has approved the possible sale of Patriot missiles to Sweden in a deal worth an estimated $3.2 billion, saying the weapons system would help ensure the security of the strategically important country. Read more »



How Mentors For Senior Partners Could Benefit BigLaw

Large law firms have long offered mentorship programs in which senior partners bestow pearls of wisdom upon junior attorneys, but at least one law firm is shaking up that traditional model in what some say could be a game-changer for the legal industry. Read more »


Ex-Skadden Atty's Plea Raises Specter Of Foreign Lobbying

The sudden guilty plea of a now-former Skadden lawyer who helped write a legal analysis commissioned by Paul Manafort on behalf of a Ukrainian president puts further scrutiny on the firm’s role in the controversial report and whether Skadden crossed into the legally precarious position of unregistered lobbying for a foreign government, experts said. Read more »

LSAT Administrator Likely In Contempt As Feds Sit Idly By

A California federal judge said Friday that the Law School Admission Council Inc. was likely in contempt of a consent decree laying out ways it should accommodate disabled test takers, adding it was “astounding” that the federal government took no position on the alleged violations after it had vigorously pursued the litigation for several years. Read more »

Up Next At The High Court: Antitrust Rule, Public Unions

The U.S. Supreme Court is closing out its February oral argument session with a blockbuster docket, taking on a key doctrine of antitrust law in a case involving American Express Co. and pondering the fate of public sector unions. Read more »

GC Cheat Sheet: The Hottest Corporate News Of The Week

A report revealed that National Public Radio management hired and retained news executive Michael Oreskes despite multiple "flags" regarding his inappropriate behavior toward women, Democrats dinged new U.S. Securities and Exchange Commission guidance as old advice, and the general counsel of Discover Financial Services spoke with Law360 about how the company prioritizes diversity and inclusion. These are some of the stories in corporate legal news you may have missed in the past week.​ Read more »


Law360's Pro Say: Microsoft's Supreme Court Privacy Battle

On the latest episode of Law360's Pro Say podcast, we are joined by Microsoft's head of litigation to talk about upcoming U.S. Supreme Court oral arguments in a privacy case over data stored on servers overseas. We also chat about a BigLaw attorney swept up in Robert Mueller's ongoing investigation, the Supreme Court narrowing legal protections for corporate whistleblowers, and a legal beef over Dunkin' Donuts Angus steak sandwiches. Read more »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read more »

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Akin Gump

Allen & Overy

Arent Fox

Boies Schiller

Bond Schoeneck

Buchanan Ingersoll

Covington & Burling

Cravath Swaine

DLA Piper


Gibson Dunn

Greenberg Traurig

Hogan Lovells

Holland & Knight

Jones Day

Kellogg Hansen

King & Spalding

Kirkland & Ellis

Labaton Sucharow

Latham & Watkins

Law Offices of Stewart and Stewart


Littler Mendelson

McKool Smith

Miles & Stockbridge

Morgan Lewis

Murphy & McGonigle

Norton Rose Fulbright

Ogletree Deakins

Orrick Herrington

Perkins Coie

Proskauer Rose

Ropes & Gray

Sandberg Phoenix

Sandler Reiff

Sidley Austin


Three Crowns LLP

Tucker Ellis

Weil Gotshal



Air Line Pilots Association International

Altera Corporation

Amazon.com Inc.

American Express Company

American Federation of Labor and Congress of Industrial Organizations

American Federation of State, County and Municipal Employees

American Petroleum Institute Inc.

Apple Inc.

Aruba Networks, Inc.

Bristol-Myers Squibb Company

BuzzFeed Inc.

Deutsche Bank AG

Digital Realty Trust Inc.

Discover Financial Services

Dunkin' Brands Group Inc.

Electronic Frontier Foundation



Google Inc.

International Centre for Settlement of Investment Disputes

Lockheed Martin

Microsoft Corporation

National Public Radio Inc.

National Right to Work Legal Defense Foundation

Raytheon Company

Robert Half International Inc.

Snap Inc.

Southwest Airlines Co.

The American Law Institute

Twitter Inc.

Valeant Pharmaceuticals International

YouTube Inc.


Defense Security Cooperation Agency

Delaware Court of Chancery

Department of Commerce

Drug Enforcement Administration

European Commission

European Union

Federal Bureau of Investigation

Food and Drug Administration

Internal Revenue Service

International Trade Commission



National Labor Relations Board

Office of the U.S. Trade Representative

Securities and Exchange Commission

U.S. Attorney's Office

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of Transportation

U.S. Department of the Treasury

U.S. Environmental Protection Agency

U.S. Supreme Court

World Trade Organization