The Federal Trade Commission (FTC) has reminded us that the “failing firm defense” is much harder to pull off than might be imagined, and that the antitrust agencies will closely analyze all “failing company” claims even...more
On May 14, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Department of State, and the U.S. Coast Guard issued a Sanctions Advisory for the Maritime Industry, Energy and Metals...more
5/18/2020
/ Coast Guard ,
Due Diligence ,
Economic Sanctions ,
Iran ,
Iran Sanctions ,
Maritime Transport ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Shipping ,
Supply Chain ,
Syria ,
Unfair or Deceptive Trade Practices ,
US Department of State
Doreen M. Edelman and Zarema A. Jaramillo discuss "What Tech Companies and Investors Need to Know About CFIUS’s New Foreign Investment Requirements."
The Committee on Foreign Investment in the United States (CFIUS) reviews...more
5/15/2020
/ CFIUS ,
Continuing Legal Education ,
Critical Infrastructure Sectors ,
Exit Strategies ,
Foreign Investment ,
Investment Management ,
Regulatory Requirements ,
Risk Management ,
Sensitive Business Information ,
Startups ,
Technology Sector ,
Webinars
The Office of the United States Trade Representative (USTR) is now accepting comments regarding the possible extension of List 3 product exclusions that are set to expire on August 7. Companies are invited to submit comments...more
5/5/2020
/ China ,
Comment Period ,
Exclusions ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
The Federal Trade Commission (FTC) Bureau of Competition issued a reminder yesterday, April 6, that it “must continue to analyze carefully the potential effects of proposed transactions and business conduct” and that it “will...more
On March 24, the U.S. Department of Justice Antitrust Division (the Antitrust Division) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued a joint statement detailing a new expedited process for review...more
4/2/2020
/ Antitrust Division ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Competition Network (ECN) ,
Federal Trade Commission (FTC) ,
State of Emergency
Our realities have been upended by COVID-19, creating a new world that is likely to continue for a long time. This “new normal” is already stress testing businesses of all types. When we face this kind of external threat, our...more
The coronavirus pandemic has affected international trade in a number of ways, from supply chain disruptions, calls to reduce tariffs on U.S. imports, pressure to relax economic sanctions to stem the spread of the virus and...more
Over the past few years, U.S. regulators have made it clear that having comprehensive and effective compliance policies covering trade is a must, regardless of the company size, location or industry. The government’s move to...more
3/26/2020
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Criminal Penalties ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Huawei ,
Imports ,
Multinationals ,
Office of Foreign Assets Control (OFAC) ,
Risk Assessment ,
Risk Mitigation
COVID-19 has impacted nearly every aspect of American life right now, and there are myriad legal issues companies are facing from the pandemic’s fallout. These include antitrust considerations, ranging from potentially...more
3/25/2020
/ Acquisitions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Electronic Filing ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Government Lockdown ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
State of Emergency