News & Analysis as of

Foreign Commerce

Husch Blackwell LLP

U.S. Supreme Court Decision Reshapes FAA Exemption for Transportation Workers

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In a unanimous ruling earlier this month, the Supreme Court in Bissonnette, et al., v. LePage Bakeries Park St., LLC, et al., 601 U.S. ----144 S.Ct. 905 (2024) held that transportation workers need not work for a company in...more

Jackson Lewis P.C.

Ninth Circuit Holds Warehouse Worker Qualifies as Transportation Worker Under FAA Exemption

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Arbitration agreements with warehouse workers and others who play a “direct and necessary role” in the transportation of goods and people may fall within the “transportation worker exemption” to the Federal Arbitration Act...more

McGlinchey Stafford

Supreme Court Clarifies FAA Arbitration Exception Not Limited to Transportation Workers

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On April 12, 2024, the Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. __ (2024). It unanimously held that the exception to arbitration under Section 1 of the Federal Arbitration...more

ArentFox Schiff

Class Action Year in Review: Post-Saxon Anyone Can Claim to Be a Transportation Worker

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It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the...more

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Torres Trade Law, PLLC

Trade Alert: Is Singapore a New Enforcement Hotspot?

In recent years, Singapore has become a significant hub for international commerce. According to the U.S. International Trade Administration, the U.S. was Singapore’s fourth largest source of imports in 2021 and the primary...more

Fox Rothschild LLP

How Amendments to the Captive Wildlife Safety Act, if Enacted, Would Impact USDA Licensed Exhibitors

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H.R. 263: Big Cat Public Safety Act was passed Congress on December 6, 2022 — next stop — the President. If enacted, the amendments to the Lacey Act would revise restrictions on the possession and exhibition of big cats,...more

Torres Trade Law, PLLC

Torres Talks Trade Podcast- Episode 3- Cross-Border Trade Disruptions between Texas and Mexico

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This week’s episode covers the latest issues in cross-border trade between Texas and Mexico. Texas-based Customs Broker Adrian Gonzalez of Global Alliance Solutions helps break down the current state of supply chain...more

Jones Day

Conflict in Ukraine: Excuses for Non-Performance of Contracts Governed by German Law

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Traditionally, industry in Germany has enjoyed close commercial ties with Russia and Ukraine. The ongoing conflict in Ukraine and the resulting sanctions imposed on Russia—and by Russia—will inevitably affect these business...more

Woods Rogers

U.S. Virgin Islands Open Registry – Ultra Vires and Unconstitutional

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This month, the Governor of the U.S. Virgin Islands (“U.S.V.I.”), Albert Bryan Jr., signed an agreement with the Northeast Maritime Institute, a “Private Maritime College,” to establish the first open vessel registry in the...more

Freeman Law

The Travel Act

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The Travel Act, 18 U.S.C. § 1952, makes it a federal crime to travel, use the mail, or use any facility in interstate or foreign commerce for the purpose of furthering an “unlawful activity.”...more

Freeman Law

The Hobbs Act

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Defending a Hobbs Act Violation – 18 U.S.C § 1951 - The Hobbs Act, codified at 18 U.S.C § 1951, is a federal law that was enacted in 1946. It was originally used to curtail racketeering in labor disputes, which was a...more

Bradley Arant Boult Cummings LLP

Second Circuit Broadly Interprets Exception to Immunity for Foreign Entities Under the Foreign Sovereign Immunities Act

The Second Circuit last week in United States v. Halkbank significantly limited the immunity granted under the Foreign Sovereign Immunities Act (FSIA) by giving a broad interpretation to the act’s “commercial activity”...more

Skadden, Arps, Slate, Meagher & Flom LLP

Plus Ça Change ... Reframing the Tax Influences of the European Union

Takeaways - While the Trade and Cooperation Agreement (TCA) includes new commitments by the parties on tax, certain EU-derived tax rules will remain relevant in the UK. - That is actually a good thing in one respect: UK...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Temporarily Pulls the Teeth Out of California’s Alligator and Crocodile Product Ban

California’s recent ban on the importation and sale of alligator products in the state has faced significant legal pushback from retailers and wholesalers of alligator products, the federal government, and others, and has...more

Foodman CPAs & Advisors

Violating the FCPA may Trigger other U.S. Laws such as the Travel Act

There are other U.S laws that intersect with the FCPA.   A violation of the FCPA may also constitute a violation of the characteristics of another U.S. Law – in this case the Travel Act....more

Hogan Lovells

Mexico's new intellectual property laws: Upcoming changes for famous and well-known trademarks

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As covered in our earlier article, the Mexican government approved and published a new Intellectual Property Law (IPL), which will come into force on 5 November, 2020. ...more

Haug Partners LLP

The Defend Trade Secrets Act: An Overview and Key Developments

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Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

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When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more

Arnall Golden Gregory LLP

Mitigating Fraud and Corruption Risks During the COVID-19 Crisis

Fraud and corruption thrive in chaos. The COVID-19 pandemic and its economic destabilization create the conditions in which misconduct can thrive....more

Burr & Forman

The Coronavirus Effect on Construction Projects

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There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project....more

Hogan Lovells

Coronavirus as a contractual force majeure event: A simple checklist

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Email overload on whether the new coronavirus, COVID-19, triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point,...more

Gray Reed

Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

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Many oil and gas contracts – leases and JOAs for example – have force majeure clauses. The purpose is to allow contracting parties to suspend or terminate performance when certain circumstances arise that are beyond their...more

Hogan Lovells

Coronavirus FAQ: Key corporate and commercial considerations

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The global outbreak of the novel coronavirus COVID-19 is having profound implications for businesses all over the world. A Hogan Lovells team of corporate and commercial lawyers from the United Kingdom, United States, and...more

Cozen O'Connor

Keep Calm — and Look at Your Contract(s)

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Whether you cannot meet your supply obligations because your supply chain has come to a screeching halt or you are losing income because conferences, sports, or cultural events are cancelled and your contract partners do not...more

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