International Trade Elections & Politics

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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5 Ways to Brexit–Proof Your Existing Contracts

Companies should be reviewing their existing contracts — at least those which may still apply at the point of Brexit — and amending the standard terms of business they propose to use from now on, to account for when the UK...more

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

OFAC Increases Civil Monetary Penalties

On February 10, 2017, the U.S. Treasury Department announced an increase in civil monetary penalties across a number of Treasury offices, including the Office of Foreign Assets Control (OFAC). Understanding the potential...more

The Administration’s 2017 Trade Agenda

In this post-election period of sharp partisan division, perhaps no issue unites both the Republican and Democratic bases like opposition to recent U.S. trade policy. President Trump campaigned hard on the notion that...more

Article 29 Working Party Releases Procedures, Template Complaint Form for Privacy Shield Complaints

On February 20, 2017, the Article 29 Working Party released procedures and a template complaint form for implementing the EU-US Privacy Shield. The procedures govern the functioning of the informal data protection authority...more

U.S.-EU Covered Agreement Gets First Congressional Review

On February 16, 2017, the House Financial Services Subcommittee on Housing & Insurance held a hearing entitled “Assessing the U.S.-EU Covered Agreement.” The hearing was the first opportunity for Committee members—or any...more

Is the Border Tax Crossing the Line?

It is far too early to discern the extent of any change to the relationship between the U.S. and Mexico in the face of the oft-repeated insistence of the Trump campaign to “renegotiate” NAFTA, a promise that was reiterated...more

CFIUS: The Past, Present and Tomorrow

Congress crafted the Exon-Florio Amendment in 1988 to fill gaps that it perceived in federal antitrust, environmental and securities laws, as well as in the general power of the president to declare a national emergency, and...more

DHS Guidance Memos Chart Aggressive Course to Implement President Trump’s Executive Orders on Immigration Enforcement

On February 20, 2017, U.S. Secretary of Homeland Security John Kelly released two new policy memoranda aimed at implementing President Trump’s executive orders on enhancing the public safety of the interior and border...more

Trump Administration's New DHS Immigration Enforcement Criteria And The Future of Travel/Visa Ban

After a short lull in immigration policy action, things are changing again. Last week the Trump Administration informed the 9th Circuit Court of Appeals that it would issue a new Executive Order (EO) on the travel/visa ban...more

Trump Wants to “Tweak” NAFTA

After meeting with Prime Minister Justin Trudeau in early February, President Trump said he plans to “tweak” the North American Free Trade Agreement (NAFTA) with Canada. Before this announcement, it was unclear whether the...more

You're Hired: President Trump Introduces Ethics Pledge For His Appointees With Serious Departures from Obama's Ethics Pledge

On January 28, 2017, President Trump signed an executive order that requires all full-time political appointees to sign an ethics pledge (the “Trump ethics pledge”) that “contractually” binds them to certain ethical...more

Who Will Bear the Brunt of a NAFTA Renegotiation?

President Trump's plans to renegotiate the North American Free Trade Agreement (NAFTA) give rise to a number of questions about the future of trade between the United States, Mexico and Canada. While such a move might...more

Night Note: The 1st 100 Days

The Trump Administration is exploring new strategies to counter currency manipulation in international trade. One approach being discussed is to consider the practice of currency manipulation to be a...more

Employers: Don’t Get Trumped by Trump’s Executive Order on Immigration

Last week Emma Grant’s line cook and 25 other undocumented employees at her bar-b-que restaurant Emma Grant’s Bar-B-Que were working the lunch shift when it was raided by Immigration and Customs Enforcement personnel,...more

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Brexit: the ball is in which court?

Brexit "will bring an end to the jurisdiction of the CJEU in the UK". That is the assertion in the UK Government's Brexit White Paper¸ and it was the promise of the Leave campaign. But the reality is more complex. The...more

Alternative Facts? A World Without Dodd-Frank and Basel III

What if Dodd-Frank and Basel III were to largely go away? Eliminating Dodd-Frank has been a hobbyhorse of Representative Hensarling, the chair of the House Services Committee, for several years and has figured prominently in...more

Trump’s Trade Policy–Not as Protectionist as You May Think

I was fortunate enough to be on a panel last week with four foreign government representatives to discuss trade. The meeting was informative and I thought I would share my take-aways. My conclusion is that Trump’s trade...more

No, A Little Noticed Executive Order Did Not Kill Privacy Shield

We have previously noted that the the U.S.-E.U. Privacy Shield data transfer may not be dead, but it is ailing. These concerns have been exacerbated by a January 25, 2017 presidential Executive Order (EO) “Enhancing Public...more

RLUIPA Implications of Trump’s Immigration Executive Order

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more

Labor & Employment E-Note - February 2017

Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.- Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. Please see...more

Global Investigations Review Conference Highlights the Future of Anti-Corruption Enforcement Recapping GIR Live DC

On February 16, 2017, Global Investigations Review (“GIR”) held its second annual GIR Live DC in Washington, D.C. With an emphasis on global anticorruption enforcement, the event featured a variety of experts in complex,...more

Changes to Sudanese Sanctions Program Could Benefit U.S. Life Sciences Companies (A Little)

On January 13, 2017, President Obama signed the Executive Order “Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related Sanctions” that revoked many U.S. economic...more

Blog: 2017 M&A Trends Series: The Trump Effect

So far this year, deal parties are approaching M&A with cautious optimism. This series of Cooley M&A blog posts include some brief observations that offer some M&A highlights over the past year and our thoughts for the year...more

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