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International Trade General Business

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Brexit: The Great Repeal Bill

by Shearman & Sterling LLP on

On 13 July 2017, the UK government published the European Union (Withdrawal) Bill, known as the “Great Repeal Bill.” This major piece of constitutional legislation sets out the government’s proposals for transforming existing...more

One click away from a marketplace ban?

by Dentons on

Luxury brands can lawfully prevent their authorised dealers from selling their products on third party online platforms such as Amazon.com and eBay, according to Advocate General Wahl's Opinion for the European Court of...more

U.S Tax Court Bounces Rev. Rul. 91-32: Sales of Partnership Interests by Foreign Partners May Not be Subject to U.S. Tax

by Dickinson Wright on

The practice of tax law is an exercise of statutory interpretation. A recent opinion of the U.S. Tax Court, Grecian Magnesite Mining, Indust. & Ship. Co. v. C.I.R., 149 T.C. No. 3 (July 13, 2017), is illustrative. Grecian...more

FCPA Risks and Acquisition Integration Challenges

by Michael Volkov on

Chief compliance officers have devoted significant efforts to conducting pre-acquisition due diligence of a proposed target companies. I do not intend to diminish the importance of pre-acquisition due diligence, but I have...more

Singapore Legal Update - July 2017

by Allen & Overy LLP on

Issues of Corporate Governance and Due Diligence Raised in SingPost's Review of Its Acquisition of TradeGlobal - SingPost issued an update on its review of its acquisition of TradeGlobal Holdings Inc. The report...more

Tax Planning for Investment Into the United States Through Hybrid Entities - Tax Update Volume 2017, Issue 4

by Pepper Hamilton LLP on

The Tax Section of the New York State Bar Association recently issued a report commenting on the appropriate application of treaty limitations to source-country taxation of business profits when the underlying income is...more

Compliance and the Noble Fight Against Corruption

by Thomas Fox on

In two recent public appearances, Department of Justice (DOJ) representatives spoke to issues of concern to every compliance practitioner regarding one role of the DOJ going forward and how that role will continue to feed the...more

Trump Administration Delays Regulations To Fast-Track Startups

by Fox Rothschild LLP on

The Trump administration recently announced it is delaying – and likely rescinding – the Obama-era International Entrepreneur Rule (the “Rule”). The Rule was slated to go into effect on July 17, 2017. It would have made it...more

2017 Mid-Year Global Cartel Enforcement Report

by Morgan Lewis on

Fines significantly down, several enforcement firsts and a strong pipeline of new, mainly domestic cartel cases around the world....more

How much latitude will the court give a non-defaulting party under the GMRA and GMSLA?

by Dentons on

A recent case considers service of default notices (the Notices) and valuation of trades under a Global Master Repurchase Agreement (GMRA) and a Global Master Securities Lending Agreement (GMSLA) (toghether, the Agreements)....more

High Court Willing to Set Aside Arbitral Awards on Public Policy Grounds

by Latham & Watkins LLP on

On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial...more

New Developments for Foreign Investments in Russian Strategic Companies

by Morgan Lewis on

Recent amendments have been made to the Russian FSIL and FIL regarding approval requirements for foreign investments in potentially strategic companies....more

Bo Pilgrim and Cultures in Foreign Lands (like Texas)

by Thomas Fox on

There are many reasons the great state of Texas is just that – great. One Texas truism (Texas translation – true or not) is that everything is bigger in Texas. I was reminded of a certain truism in the area of business ethics...more

Back to Basics: A Review of Recent SCOTUS Personal Jurisdiction Jurisprudence

by Foley & Lardner LLP on

As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more

Anti-Corruption Compliance: The Need to Look Under the Cloak of Materiality

by Michael Volkov on

Sarbanes-Oxley revolutionized the auditing profession. Section 404 imposed stringent requirements for disclosure of the state of a company’s internal controls and financial reporting. The company’s independent auditor is...more

Saudi Arabia's Transformational Privatization Plans

by Dechert LLP on

The leadership of Saudi Arabia (the “KSA”) has embarked on a bold transformation strategy to revitalize KSA’s economy and to position it for the demographic and economic challenges that lie ahead. The flagship transaction for...more

At A Glance: De-Identification, Anonymization, and Pseudonymization under the GDPR

by Bryan Cave on

De-identification of data refers to the process used to prevent personal identifiers—both direct and indirect—from being connected with information. The EU General Data Protection Regulation (“GDPR”), which will replace the...more

Federal Banking Agencies Announce No-action Position on Certain Foreign Excluded Funds Under the Volcker Rule

by Morrison & Foerster LLP on

Section 13 of the Bank Holding Company Act of 1956, as amended, and its implementing regulations (the “Volcker Rule”) generally prohibit a “banking entity” from engaging in proprietary trading and from investing in,...more

AFRICA - A Legal Guide for Business Investment and Expansion: Angola

1. What role does the government of Angola play in approving and regulating foreign direct investment? Foreign direct investment is a highly-regulated sector in Angola. In August 2015, the Angolan Government enacted Law...more

U.S. Penalizes Exxon for Violating U.S. Sanctions on Russia, May Have Complicated How U.S. Companies Do Business in Russia

by Bass, Berry & Sims PLC on

On July 20, 2017, the U.S. Treasury Department Office of Foreign Assets Control (OFAC) announced that ExxonMobil (Exxon) must pay a $2 million penalty for violating U.S. sanctions on Russia.  On the same day, Exxon responded...more

Hong Kong court appoints receivers to preserve assets in aid of arbitral proceedings in China

by Hogan Lovells on

The Hong Kong High Court has appointed receivers over shares in a Hong Kong company as an interim measure to preserve the status quo and the value of the shares, pending the outcome of CIETAC arbitration proceedings in...more

Trump Administration Plans to Ax the International Entrepreneur Rule

by Barley Snyder on

Last week the Department of Homeland Security announced that it would delay—and very likely withdraw—the International Entrepreneur Rule, a set of immigration regulations proposed by the Obama administration....more

Reinvestment of EB-5 Funds in a New Project Can Maintain the "At-Risk" Requirement

by Ballard Spahr LLP on

One of the more popular topics among EB-5 project owners and practitioners in recent years is the requirement that investors' funds remain "at risk" as a bona fide "investment." Complications arise regarding maintenance of...more

Big Tax Court Win for Foreign Investors in U.S. Partnerships

by Alston & Bird on

A foreign investor, not engaged in a U.S. trade or business, can sell stock in a U.S. corporation without fear of U.S. tax liability (with the notable exception of stock in certain U.S. corporations heavily invested in U.S....more

Compliance and Plan C: Operationalization During Economic Uncertainties

by Thomas Fox on

The current economic climate continues to be in flux, with many companies falling back to Plan C, which is hunker down and ride things out until the next Presidential election and hope for some clarity in 2020. This obviously...more

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