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International Trade Updates

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

EU DPAs and the Future of Privacy Shield

by Alston & Bird on

The Article 29 Working Party group (WP29) of European data protection authorities recently announced that they will legally challenge the adequacy of the Privacy Shield Framework unless the U.S. government addresses certain...more

German National Security Review of M&A Transactions – New Checkpoints for Acquirers from the United States, China, Japan, and...

by K&L Gates LLP on

With the 9th amendment of the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) (“FTAPO”) adopted on 18 July 2017, the German Federal Government has specified and extended its powers to review and...more

Blockchain Energizer – Volume 19

by K&L Gates LLP on

There is a lot of buzz around blockchain technology and its potential to revolutionize a wide range of industries from finance and health care to real estate and supply chain management. Reports estimate that over $1.4...more

Proposed Tax Regulations Address International Aspects of the New Partnership Audit Regime

by Alston & Bird on

We are about to witness an almost unprecedented centralized partnership audit regime that takes full effect for taxable years starting on or after January 1, 2018, as adopted in late 2015 by Section 1101 of the Bipartisan...more

Are We Covered by the EU GDPR? A Warning for U.S.-Only Businesses

by Locke Lord LLP on

All U.S. insurers need to pay attention to the new and comprehensive EU-wide privacy law known as the General Data Protection Regulation (GDPR), which takes effect on May 25, 2018. With its greatly expanded compliance...more

DOC Postpones LTFV Final Determinations Related To Biodiesel From Argentina And Indonesia

by Bergeson & Campbell, P.C. on

On December 8, 2017, the U.S. Department of Commerce (DOC) issued in the Federal Register a notice on the postponement of final determinations of sales in less than fair value (LTFV) investigations into biodiesel from...more

Day 11 of One Month to Better Written Standards- Policies and Procedures on Travel

by Thomas Fox on

Prior to the 2012 FCPA Guidance, the Justice Department issued two 2007 Opinion Releases which offered guidance to companies considering whether to, and if so how to, incur travel and lodging expenses for government...more

CFTC Staff Grants Time-Limited Extension of Swap Data Reporting Relief for Certain Swap Dealers and Major Swap Participants...

On November 30, 2017, the U.S. Commodity Futures Trading Commission‘s (“CFTC“) Division of Market Oversight announced in a no-action letter that it had extended relief it provided certain CFTC-registered swap dealers (“SD“)...more

The Yangtze Xing Hua

by Reed Smith on

This was a further appeal, to the Court of Appeal, from an LMAA arbitration award, considering the true construction of the sweep-up provision at sub-clause 8(d) of the Inter-Club Agreement 1996 (“ICA ‘96”); specifically,...more

Verena Ross Gives Speech On Asset Management Sector Priorities

Verena Ross, ESMA Executive Director, gave a speech which was published on December 5, 2017 which outlined the asset management sector priorities of ESMA for 2018. The speech builds on a speech given by the ESMA Chair,...more

U.S., EU and Japan Unite Against Excess Capacity and Other Distortive Trade Practices

by Kelley Drye & Warren LLP on

The U.S., EU and Japan issued a joint statement at the 11th Ministerial of the World Trade Organization in Buenos Aires, pledging trilateral cooperation to combat a number of unfair market distorting and protectionist...more

Presentations Available from ECHA Webinar on REACH Guidance for Nanomaterials

by Bergeson & Campbell, P.C. on

On November 30, 2017, the European Chemicals Agency (ECHA) held a webinar to explain the support documentation available for registrants that cover nanoforms in their Registration, Evaluation, Authorization and Restriction of...more

UK completes all legislative steps required to ratify the UPC Agreement

by Allen & Overy LLP on

With the approval on Tuesday by the House of Lords of the Unified Patents Court (Immunities and Privileges) Order 2017, the UK completed the final parliamentary step on the road to readying itself to ratify the Unified Patent...more

Financial Services Weekly News - December 2017 #2

by Goodwin on

Editor's Note - Attack of the State AGs. On December 12, New York Attorney General Eric T. Schneiderman and 16 other state attorneys general (State AGs) sent a letter to President Trump arguing that past statements by Mick...more

‘Scandals spawn hashtags and disasters breed domain names’. EQUIFAX DOMAINS…PART TWO

A few weeks ago, we reported that Equifax was successful in wresting over 125 domain names from squatters who were hoping to cash in on the publicity behind the Equifax security breach. For those that have been in a sensory...more

Life After LIBOR

by Morrison & Foerster LLP on

After a long and at times scandalous life, LIBOR is retiring. Earlier this year, Andrew Bailey, chief executive officer of the United Kingdom’s Financial Conduct Authority (FCA), the regulator of the London Interbank Offered...more

100-Day Pilot Program Proceedings Remain Rare

by Jones Day on

In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more

Financial institutions M&A trends: Fintech - Stars align for fintech M&A as the bull run continues

by White & Case LLP on

Established financial institutions are engaging with fintech as never before and are now active participants in fintech M&A. Private equity and venture capital appetite for transactions remains strong. Fintech dealmaking is...more

UK, EU Release Joint Brexit Report Impacting Employers and EU Nationals

by Morgan Lewis on

Employers should audit the immigration status of their workforce, review long-term recruitment, and take a number of other steps to manage risks and ensure a smooth transition into a post-Brexit world....more

Online Sales Restrictions Are a Luxury - European Court Clarifies Prohibition of Third Party Platform Sales for Luxury Goods

by Morrison & Foerster LLP on

On 6 December 2017, the European Court of Justice (ECJ) issued its judgment on online platform sales bans for luxury goods in selective distribution systems in Coty (C-230/16). The ECJ ruled that luxury goods manufacturers...more

The Future of CFIUS: Perhaps Not So Happy a New Year

‘Tis the season to wonder, what will 2018 bring? We may speculate on things like a private company making a moon landing or a peace accord with North Korea. We may be certain of things like well-intentioned gym memberships...more

The Waiting Game: When, Why, and How to File with CFIUS in a New Era of Investment Scrutiny

The other day I spoke to a colleague at the U.S. Department of the Treasury who works in the Office of Investment Security and said, “I heard CFIUS filings were going to break last year’s record total.” He just laughed. He...more

Second Circuit Denies Rehearing on Decision Barring Testimony Compelled by Foreign Governments

by Latham & Watkins LLP on

Court denies the US government’s petition for rehearing, despite argument the decision will hinder cross-border investigations and prosecutions. Key Points: ..Second Circuit bars government’s reliance on testimony...more

Financial Regulatory Developments Focus - December 2017 #2

by Shearman & Sterling LLP on

In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

U.S. Trade Representative Requests Further Information on Remedy Recommendations for Imported Crystalline Silicon Photovoltaic...

by Bryan Cave on

On November 13, 2017, the U.S. International Trade Commission (ITC) sent President Trump its formal report on its “Global Safeguard” investigation into imports of Crystalline Silicon Photovoltaic (CSPV) cells (whether or not...more

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