International Trade Updates

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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Spring Update: Insights Regarding The Antitrust Division’s Recent Activity

The Antitrust Division recently issued its 2016 annual spring update. Taking advantage of modern technology, Bill Baer—now the Acting Associate Attorney General serving in the DOJ’s third-highest ranking...more

English High Court considers co-existence provisions under German and English law

In two recent IP decisions in the English High Court, the interpretation of a settlement agreement and a co-existence agreement have been carefully considered. In DKH Retail and Others v SRG Apparel Plc and Others, English...more

International Investment Arbitration in the Commonwealth of Independent States: Year in Review 2015

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

International Investment Arbitration in Asia: Year in Review 2015

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

The Inside Scoop: What does Tabernula tell us about the future of criminal insider dealing enforcement in the UK?

The high-profile insider trading prosecution dubbed “Operation Tabernula”, brought by the Financial Conduct Authority (“FCA”), has this month secured two further convictions. After a 12-week trial, Martyn Dodgson and Andrew...more

International Investment Arbitration in Africa: Year in Review 2015

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

IRS Proposed Regulations Under Section 305(c)

In April, the IRS issued proposed regulations interpreting deemed distributions under Section 305(c). Specifically, the proposed regulations would clarify the amount and timing of deemed distributions that result from an...more

Dodd-Frank Implementation Update: Key Differences Between the CFTC and SEC Final Business Conduct Standards and Related...

The Securities and Exchange Commission (SEC) recently adopted final business conduct rules for security-based swap dealers (SBSDs) and major security-based swap participants (MSBSPs) under Section 15F(h) of the Securities...more

Potential Impact of ‘Brexit’ on Arbitration

As we stand only weeks away from the United Kingdom’s referendum on a potential cleaving from the European Union, economists and politicians are busy analyzing the potential effects of either decision; there are also...more

International Crackdown: Tax Authorities Look to Employment Structures in Initiating Audits

In structuring their workforces abroad, taxes are a major driving force for employers—and if recent government initiatives are any indicator, employers should take care when considering the tax implications of their staffing...more

Your daily dose of financial news The Brief – 5.27.16

New evidence uncovered by the digital security firm Symantec suggests that the recent series of Swift-based bank hacks may be linked to North Korea in what “appears to be the first known case of a nation using digital attacks...more

The How Question in Due Diligence

What is satisfactory due diligence under the Foreign Corrupt Practices Act (FCPA)? That question seems to be more important after the Huffington Post’s story on Unaoil and the subsequent release of the Panama Papers. However,...more

Opportunity to reduce import costs into Canada - but you need to act now!

In Budget 2016: Growing the Middle Class, the Government of Canada announced its intention to eliminate tariffs on food manufacturing ingredients, such as those used in the agri-food processing industry, as part of its plan...more

Can You Keep A Secret? The European Union’s New Directive on Trade Secrets and its Impacts on Whistleblowers

It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised...more

IAIS Secretary General Considers Path to International Cybersecurity Standard

Last week, the National Association of Insurance Commissioners (NAIC) hosted the 2016 NAIC International Insurance Forum. The Forum addressed topics such as the management of catastrophic disaster risks, industry perspectives...more

New EU Trade Secrets Directive Formally Adopted

The new EU Trade Secrets Directive aims to harmonise the protection of trade secrets across all EU Member States. The reform seeks to give businesses greater confidence in sharing trade secrets across multiple Member States...more

Strict and far-reaching new EU data protection regime comes into force

The EU General Data Protection Regulation ("GDPR") is now in force, and the clock is officially ticking for businesses to bring their operations into line with its sweeping changes. On 4 May 2016, after more than four...more

Florida Supreme Court: Origin Sourcing for Sales Tax is Constitutional

The Florida Supreme Court upheld the imposition of a sales tax obligation on an in-state florist for all of its worldwide sales regardless of delivery destination. This “origin sourcing” method of determining transactions...more

UK Financial Regulatory Developments - May 2016 #15

ESAs publish ECAI opinion - The European Supervisory Authorities (ESAs – EBA, ESMA and EIOPA) have published their opinion on the Commission’s intention to amend the draft Implementing Technical Standards (ITS) on the...more

Commission Summary of Contributions on EU Regulatory Framework

The European Commission has published a summary of contributions received to the ‘Call for Evidence’ on an EU regulatory framework for financial services. The consultation closed on January 31, 2016. The summary reports...more

Permanent Representatives Committee Approves Delay to New Securities Market Rules

On May 18, 2016, the Permanent Representatives Committee approved, on behalf of the Council of the EU, an agreement with the European Parliament for a one-year delay to the dates of transposition and application of the MIFID...more

Blog: European Parliament Calls On Commission To Establish Virtual Currency Taskforce

As we anticipated yesterday, the European Parliament has voted by an overwhelming majority to call on the European Commission to establish a Virtual Currency Taskforce....more

The UK Modern Slavery Act 2015 and Supply Chain Transparency: The Impact on Private Investment Funds

The Modern Slavery Act 2015 is new legislation introduced in the UK with the intention of combatting slavery and human trafficking. Continuing the trend for legislation to have extra-territorial reach, as illustrated by the...more

New Threat to Transatlantic Personal Data Transfers: Possible Invalidation of Standard Contractual Clauses

Since 2013 revelations about U.S. mass surveillance, the transfers of personal data between the EU and the U.S. have encountered regular legal threats: cancellation of the Safe Harbor by the Court of Justice of the European...more

Canadian Tax Credits: Lights, Credit, Axing!

As of October 1, 2016, British Columbia (B.C.) will reduce tax credits available to film and television productions. Basic production service tax credits will be reduced from 33 percent to 28 percent, and tax credits offered...more

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