James R.M. Killick

James R.M. Killick

White & Case LLP

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EU Agreement on Trade Rules for Conflict Minerals

The European Union (EU) institutions have reached broad agreement on trade rules for so-called "conflict minerals". While the technical details still need to be established, we summarize the expected new EU rules below....more

6/30/2016 - Conflict Mineral Rules Due Diligence EU Exclusions Exporters Importers Manufacturers Metals OECD Sellers

Highest EU court strikes down vague and ambiguous information requests

Statement of reasons was excessively vague in light of the extent of information requested and the advanced investigation stage. Introduction - On 10 March 2016, the European Court of Justice issued a landmark...more

3/11/2016 - Ambiguous Antitrust Investigations Corporate Counsel EU European Commission European Court of Justice (ECJ) Exports Imports Information Requests Manufacturers Price-Fixing Set-Asides

EU Lifts (and Extends) Sanctions against Belarus and Zimbabwe

The EU has lifted most of the asset freezes under sanctions against Belarus and Zimbabwe, but at the same time extended certain limited measures. We provide further details about these sanctions developments below....more

2/29/2016 - Belarus Belarus Sanctions Economic Sanctions EU Zimbabwe

Overview of US and EU “Implementation Day” Guidelines on Iran Sanctions Relief

This overview describes the status of US and EU sanctions following the first round of nuclear-related sanctions relief that occurred on “Implementation Day” under the Joint Comprehensive Plan of Action (JCPOA) concluded with...more

2/10/2016 - Automotive Industry Banking Sector Energy Sector EU General Licenses IAEA Implementation Day Iran Iran Sanctions ITSR Joint Comprehensive Plan of Action (JCPOA) Metals OFAC SDN List Shipping

“Implementation Day” Sanctions Relief Provided to Iran by UN, US, and EU

On January 16, 2016, the International Atomic Energy Agency (IAEA) verified that Iran has met its nuclear-related commitments under the Joint Comprehensive Plan of Action (JCPOA). On this day, known as “Implementation Day,”...more

1/18/2016 - Economic Sanctions EU Implementation Day International Atomic Energy Agency Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) SDN List UN Security Council

European merger control: Well-oiled machine or spluttering engine?

Commissioner Margrethe Vestager was in a celebratory mood when she addressed an audience in Brussels in March 2015 as the EU merger control body celebrated its 25th anniversary: "There is reason to celebrate because the...more

11/11/2015 - Acquisitions EU European Commission Joint Venture Merger Controls

EU and US Take Actions to Ease Belarus Sanctions

On October 29, 2015, the EU and the United States took separate action to ease certain Belarus-related sanctions. As of October 31, 2015, the EU suspended asset freezes and travel restrictions imposed on 170 persons, as well...more

11/2/2015 - Asset Freeze Belarus Sanctions EU Executive Orders General Licenses OFAC Reporting Requirements Sanction Suspensions Sanctions SDN List Travel Restrictions

The EU’s new trade and investment policy in a nutshell

A new template for future initiatives - On 14 October 2015, the European Commission revealed its long-awaited communication setting out an updated trade and investment policy for the EU, entitled “Trade for all: Towards...more

10/21/2015 - Bilateral Investment Treaties EU European Commission Exports Foreign Investment GSP Regime TiSA Trade Agreements Trade Policy Transparency TTIP Unfair or Deceptive Trade Practices WTO

Europe's Highest Court Recently Delivered a Judgment Imposing Affirmative Duties on SEP Holders

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)- Standards lie at the heart...more

8/26/2015 - Abuse of Dominance China Competition EU European Court of Justice (ECJ) FRAND IP License License Agreements Microsoft Patent Infringement Patent Royalties Patents Preliminary Injunctions Standard Essential Patents Tech Industry

First EU Steps to Prepare for Sanctions Relief under Iran Deal

On July 31, 2015, the European Union (EU) adopted the first measures to prepare for the implementing of the Joint Comprehensive Plan of Action (JCPOA) with Iran by allowing EU Member States to authorise certain activities...more

8/4/2015 - Asset Freeze EU Implementation Day International Atomic Energy Agency Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Nuclear Power P5+1 Nations Transition Day UN Security Council

ECJ rips up Orange Book! New standards in Europe for SEP injunctions

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE1...more

7/29/2015 - Abuse of Dominance Competition EU European Court of Justice (ECJ) FRAND Injunctions License Agreements Orange Book Patent Infringement Patent Royalties Patents Standard Essential Patents

Final Nuclear Deal Reached Between Iran and the International Community

On July 14, 2015, the P5+1 (China, France, Russia, the United Kingdom and the United States (US), plus Germany), the European Union (EU), and Iran announced the “Joint Comprehensive Plan of Action” (JCPOA) regarding the...more

7/20/2015 - EU International Atomic Energy Agency Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Nuclear Power Nuclear Weapons P5+1 Nations United Nations

Additional Extension of Temporary Sanctions Relief for Iran Through July 13, 2015

On June 30, 2015, the P5 + 1 (China, France, Germany, Russia, the United Kingdom, and the United States), the European Union (EU), and Iran decided by mutual consent to extend the Joint Plan of Action (JPOA) for seven days,...more

7/15/2015 - EU Extensions Iran Iran Sanctions JPOA P5+1 Nations Sanctions

EU continues sanctions against Russia and Crimea into 2016

On 19 June 2015, the EU Council decided to extend until 23 June 2016 the EU sanctions against Crimea/Sevastopol imposed in June 2014 in response to the annexation of Crimea and Sevastopol. On 22 June 2015, the EU...more

6/24/2015 - Asset Freeze Crimea EU Jurisdiction Russia Sanctions Ukraine

Deal or no deal?

Energy and resources companies that have been steering clear of the complexities of three distinct but overlapping Iran sanctions regimes would have been encouraged by an interim deal between Iran and international community...more

5/29/2015 - Commodities Energy Sector EU Exports Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Mining Nuclear Power UN Security Council

EU Competition Commissioner proposes a competition inquiry in the e-commerce sector

On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed...more

3/31/2015 - Competition E-Commerce EU European Commission Internet Retailers Notice of Inquiry

Recidivism revisited

Court of Justice holds parent companies may be fined for repeat infringements even without being an addressee of the earlier decisions - On 5 March 2015, the European Court of Justice (CoJ) handed down its judgment in...more

3/20/2015 - Antitrust Investigations Cartels EU Parent Corporation Recidivism Subsidiaries

EU asset freeze developments: Ukraine state fund misappropriation list, Syria, Libya

The EU has recently removed four persons from its asset freeze list featuring persons deemed responsible for misappropriation of Ukrainian state funds, and added 13 parties to the Syria related asset freeze list. In addition,...more

3/11/2015 - Asset Freeze EU Libya Misappropriation State Funding Syria Ukraine

EU adds more separatists and five Russian officials to Ukraine related asset freeze list

The EU has extended its sanctions in relation to Ukraine by adding 19 persons and nine entities to the asset freeze list. These newly designated parties are deemed to be actively involved in separatist activities in Eastern...more

2/17/2015 - Asset Freeze EU Sanctions Ukraine

After a busy 2014 for sanctions, what can we expect in 2015?

2014 was a very eventful year for sanctions, with both the European Union (EU) and United States (US) making extensive use of trade sanctions to attain foreign policy goals. Certain sanctions measures against Iran were (and...more

2/11/2015 - Crimea Cuba EU Iran Iran Sanctions Russia Sanctions SDN List SSI List Sudan Ukraine

European Commission extends State aid probe into Belgian tax scheme

The European Commission (“Commission”) has opened a fifth formal State aid investigation into national tax rulings. This investigation concerns the Belgian “excess profit” provision, which allows multinational groups to...more

2/10/2015 - Amazon Apple Belgium Corporate Taxes EU European Commission Fiat Government Investigations Starbucks

DG COMP’s 5th monitoring report: time for guidance please!

DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the Commission claims that the report shows a “steady increase” of...more

12/12/2014 - Annual Reports EU European Commission Patents

Iran sanctions suspension extended, and other EU sanctions news (Syria, Belarus, Serbia/Montenegro)

This alert summarizes certain recent EU sanctions developments with respect to Iran, Syria, Belarus, and Serbia/Montenegro. In sum, they are as follows: • Iran: Today, the EU decided to extend the existing temporary...more

11/26/2014 - EU Extensions Iran Sanctions JPOA P5+1 Nations Sanctions

New EU Russia sanctions: ban on oil project services; wider capital market sanctions (loans and credit, shorter-term equity, with...

Today, the EU published a second round of targeted sanctions against Russia. These new measures expand the EU’s existing Russia sanctions and restrict access to capital markets covering certain loans and credit, trade in...more

9/12/2014 - Asset Freeze Capital Markets Defense Sector Energy Sector EU Oil & Gas Russia Sanctions SDN List SSI List Travel Ban

EU Sanctions Against Russia: Possible Effects on Aircraft Sector

Against the background of recent European Union (EU) sanctions targeting Russian airline Dobrolet, this note provides a general overview of relevant issues – especially in the context of the aircraft sector. I....more

8/22/2014 - Airlines Asset Freeze EU Russia Sanctions

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