International Trade Updates

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ESMA Publishes Guidelines on Reporting Obligations Under the AIFMD

On August 8, the European Securities and Markets Authority (ESMA) published official translations of its Guidelines on Reporting Obligations under Articles 3(3)(d) and 24(1), (2) and (4) of the Alternative Investment Fund...more

Best Practices Guide for Global Ethics Hotlines: A Guide To Navigating Hotline Compliance

In today's global marketplace, companies are continuing to expand beyond their borders and into neighboring and distant countries. The ability of multinational corporations to implement ethics hotlines best practices is...more

TTAB’s Washington Redskins Decision: the Enforceability and Commercial Impact of Cancelled Trademarks

The cancellation of a U.S. trademark registration on any grounds, including disparagement, does not always mean the end of enforceable rights in the mark. However, cancellation may create both legal and financial...more

Funds Investing in U.S. Manufacturing Companies: Foreign Investor Considerations

Operators of manufacturing companies, especially those considering a sale or capital raise, should understand investors’ concerns regarding direct investment. Today, investment funds with investors and investments in multiple...more

What Can You Do When Risk Changes in a Third Party Relationship?

The GlaxoSmithKline PLC (GSK) corruption matter in China continues to reverberate throughout the international business community, inside and outside China. The more I think about the related trial of Peter Humphrey and his...more

Antitrust Laws Are Rapidly Changing In Latin America

In recent travels to Central America, it’s been interesting to see the number of American companies operating and distributing in the region. So in a recent telephone conference with other antitrust practitioners, I was...more

Solar Installer Alert: Commerce Dept. Reduces Preliminary Antidumping Duty Rates for Solar Products from Taiwan

The International Trade Administration of the U.S. Department of Commerce (“ITA”) on August 18 issued a notice amending its Affirmative Preliminary Determination for antidumping (“AD”) duties against certain crystalline...more

Fine Tuning Your Anti Corruption Compliance Program [Video]

In this era of aggressive FCPA enforcement, companies are adopting anti-corruption compliance programs. The Department of Justice and the SEC have warned companies against adopting "paper compliance programs" without...more

Supreme Court’s Latest Interpretation on Late Payment Interest

The Supreme People’s Court of China recently issued an interpretation on how to calculate the interest accrued on delayed payment – Interpretation of the Supreme People’s Court of Several Issues Concerning the Applicable Law...more

4 Elements to Improve Enforceability of a Multi-tiered Dispute Resolution Clause

The English High Court decision in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited offers guidance. Why this case is important - Multi-tiered or dispute escalation clauses are an important...more

Navy Bribery Scandals Highlight the Importance of Enforcing a Code of Conduct

There are a wide range of business opportunities available for supplying, equipping and servicing the U.S. Navy's more than 323,000 active personnel, 290 ships and over 3,700 aircraft around the world. Unfortunately, this...more

FCPA Compliance and Ethics Report-Episode 80, Interview with the FCPA Professor, Part I [Video]

In this Part I of a two-part interview with the FCPA Professor, we visit about his new book, The Foreign Corrupt Practices Act in a New Era. ...more

The OSV Regs Cometh

As previously reported here, the offshore industry has been anxiously awaiting new United States Coast Guard (USCG) regulations for large offshore supply vessels (OSVs) in the wake of the 2010 Coast Guard Authorization Act...more

OFAC Revises the “50% Rule” with Regards to Aggregate Ownership

On August 13, 2014, the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued revised guidance relating to the status of entities owned by individuals or entities whose property and...more

Be Careful Where You Whistle While You Work: Courts Impose Limits on Dodd-Frank's Protection for FCPA Whistleblowers

The Dodd-Frank Wall Street Reform and Consumer Protection Act was heralded as providing whistle-blowing employees protection from retaliation by their employers. In Liu v. Siemens AG, handed down last week, the Second Circuit...more

Tax update: Australian tax and GST treatment of bitcoin and other crypto-currencies

Earlier today the ATO released its long awaited public guidance on the Australian tax and GST treatment of bitcoin and other crypto-currencies. This guidance was originally scheduled to be released on 30 June 2014. It was...more

The risk of self-incrimination in cross-border disputes: The Mutual Legal Assistance in Criminal Matters Act (527)

In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more

The Double Whammy: Cubist’s Recent FCPA Disclosure

In the FCPA enforcement world, corporate disclosures of potential violations carrying significant messages. Cubist Pharmaceuticals (Cubist) disclosed in a Form 10-Q that its subsidiary, which it acquired last year...more

Google, the House of Lords and the timing of the EU Data Protection Regulation

In the Google Spain “Right to be Forgotten” case, the ECJ held that Google must remove links to a newspaper article containing properly published information about a Spanish individual on the basis that the information is no...more

OFAC Issues Revised Guidance on Entities Owned by Persons Whose Property and Interests in Property are Blocked

The Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) has issued revised guidance with respect to entities owned 50 percent or more in the aggregate by one or more blocked persons....more

Financial Regulatory Developments Focus - August 2014 #3

In this issue: - Bank Prudential Regulation & Regulatory Capital - Recovery & Resolution - Events - Excerpt from Bank Prudential Regulation & Regulatory Capital: EBA Publishes New...more

Private Equity's Inversion Excursion: Pepper Hamilton Talks Tax With the Deal  [Video]

In this interview with The Deal’s Jon Marino, Pepper Hamilton LLP's Joan Arnold, a partner who heads the firm's tax group, says Pfizer’s play for AstraZeneca isn’t the only inversion deal being sought. There are no shortages...more

Kazakhstan National Bank Tightens Banking and Price Manipulation Rules

The amendments aim to strengthen the requirements for banks’ net equity and charter capital as well as the price manipulation restrictions....more

Energy & Environment Update - August 2014 #2

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of Energy - Department of Interior - Department of State -...more

CHILE – Boom of Nonconventional Renewable Energy Projects in Chile

In recent years and consistently, Chile has experienced a significant increase in the development of power generation projects based on nonconventional renewable energy sources (“NCRE Projects”). In addition to Chile’s...more

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