International Trade Updates

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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Business Litigation Report - August 2015

Extradition for U.S. Antitrust Crimes: An Anomaly or the New Normal? - In April 2014, Germany extradited Romano Pisciotti, an Italian national, to the United States to face criminal charges related to his alleged...more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - Form PF — What Purpose? SEC registered investment advisers with at least $150 million of assets under management in private funds are required to periodically file Form PF with the SEC. The...more

Health Alert (Australia) - August 31, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpts from Judgments New South Wales (NSW) 28 August 2015 - Smith v Pennington [2015] NSWSC 1168 The Supreme Court gave judgement for the...more

No Lost Profits for Extraterritorial Lost Contracts - WesternGeco L.L.C. v. ION Geophysical Corp.

Addressing whether a patentee could recover lost profits for foreign uses of a product manufactured domestically, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s lost profits award, holding...more

Is This the End for Global Classes? Foreign Class Claimants and the Real and Substantial Connection Test

On August 26, 2015, Justice Leitch held that the Ontario court does not have jurisdiction over foreign class members in Airia Brands Inc v Air Canada. Counsel on both sides of the class action bar should take note. For...more

5 Things Companies Should Know About the Slowdown in China

The dramatic drops in the Shanghai, Shenzhen and Hong Kong stock markets have produced very obvious repercussions in global markets. In China, the nature and extent of the market drops have not been clearly reported, and in...more

Protecting Your Brands in New Markets: Iran and Cuba

For companies based in the United States, doing business in Cuba and Iran is no longer a completely far-fetched notion. In Cuba, the relaxing of the embargo promises to make this island neighbor of the U.S. available for...more

Mexico’s Energy Industry - Final Model Contract and Bidding Guidelines Published for Ronda Uno, Second Tender

On August 25, 2015, the Comisión Nacional de Hidrocarburos (CNH) published the final form of the Bidding Guidelines (“Guidelines”) and the Model Production Sharing Contract (PSC) for the Second Tender initially published on...more

International Custody in Relation to the Kelly Rutherford Custody Trial

International custody has come to the forefront recently with the custody battle raging between United States actress Kelly Rutherford and her ex-husband, German businessman, Daniel Girsch, over the physical custody of their...more

Commission publishes EMIR responses

The Commission has published responses to its consultation on the European Market Infrastructure Regulation (EMIR). The review asked stakeholders for feedback on experiences in the implementation of EMIR to date. It received...more

Will China's Currency Devaluation Complicate the Trans-Pacific Partnership?

As trade ministers from 12 Pacific Rim countries continue to negotiate the Trans-Pacific Partnership (TPP) deal, China’s recent currency devaluation has sparked a debate over the inclusion of currency manipulation controls in...more

EBA publishes lending exposure responses

EBA has published the responses to its consultation on regulatory technical standards (RTS) on specialised lending exposures. It received 14 responses, including from the British Bankers’ Association and the Loan Market...more

Nevis Modernizes its Trust Laws to Become Even More Competitive

As a jurisdiction, Nevis is highly regarded as setting the standard among offshore trust laws, blazing new trails in this is area since 1994 with other jurisdictions attempting to play catch-up. Over time, other jurisdictions...more

EBA updates single rulebook Q&A

EBA updated its single rulebook Q&A with a single new item....more

Successful Strategies for Doing Business in Asia: Malaysia (Updated)

WHAT ROLE WILL THE GOVERNMENT OF MALAYSIA PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? Regulation of foreign investment in Malaysia is done both through legislation as well as governmental policies....more

Calculating the Incalculable: Reputational Damage (Part I of III)

Today I am beginning a three-part series on reputational damage. The first part tries to define the term “reputational damage;” the second part focuses on managing threats to a company’s reputation and the final posting...more

FATCA: Update regarding US Reportable Accounts

The Cayman Islands Department for International Tax Cooperation (DITC) has advised that it is in the final stages of preparing its FATCA data to be provided to the IRS. Information on US Reportable Account Notifications and...more

EU-Vietnam Trade Deal

The EU and Vietnam have concluded the substantive elements of a Free Trade Agreement (FTA), widely-hailed as one of the most ambitious and comprehensive such agreements that the EU has concluded with a developing country....more

5 Takeaways From Former SAP Exec's FCPA Case

On Aug. 12, 2015, Vincente Garcia (former head of Latin American sales for SAP International Inc.) pled guilty in federal court in San Francisco to violations of the Foreign Corrupt Practices Act. In addition to pleading...more

Africa Update - August 2015 #4

Leading the News - South Sudan: On August 25th, a panel of United Nations (U.N.) experts monitoring U.N. sanctions on South Sudan released a report disclosing evidence that South Sudanese solders raped children,...more

Brazil’s proposed privacy laws raise public concern

The Brazilian government’s proposal for Brazil’s first data protection framework (‘the Proposal’) hit a stumbling block after major concerns were raised in public comments. After the public consultation period ended,...more

BC Supreme Court Dismisses Applications for Certification of Consumer Protection Claims in Five Class Actions Against...

On August 18, 2015, Madame Justice Adair of the B.C. Supreme Court refused to certify as class proceedings five separate actions against each of Air Canada, Deutsche Lufthansa Aktiengesellschaft, Delta Air Lines, Inc., United...more

EU consults on the Satellite and Cable Directive

As part of the European Commission's ambitious plan for a Digital Single Market, it proposes to create "a modern, more European copyright law". One of its initiatives is reform of the regulations on the copyright clearing...more

International Trademark Registrations

A little known fact is that U.S.-based applicants can file a Madrid application that relies on either a registration on the Principal or Supplemental register.  A Madrid application significantly lowers the costs of foreign...more

New EU Regulation for Electronic Signatures

The EU has adopted a new regulation, which will introduce a new legal framework for electronic signatures, seals, time stamps and electronic documents. These rules aim at creating a uniform regime across EU for the...more

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