In recent years, a wide array of trade actions pursued by the United States, foreign and domestic policies of the United States and China, reputational risks, and supply chain breakdowns are driving a trend of more and more manufacturing moving from Asia to Mexico. The Biden Administration has made no secret of its desire to
Force Majeure/Contract Issues
U.S., UK and EU Sanctions Over Putin’s Recognition of Breakaway Ukraine Regions
Key Takeaways
- On February 21, 2022, the White House issued a new Executive Order (EO) that imposes comprehensive sanctions on the Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR) regions of Ukraine (collectively the “Covered Regions”). These sanctions appear to be modelled on those imposed on Crimea since late 2014 under Executive Order 13685
…
USTR Grants New Section 301 Exclusions and Extends Existing Exclusions for Certain Chinese Medical Products
**This is an update to our December 23, 2020 post**
On December 29, 2020, the U.S. Trade Representative (USTR) posted a notice granting new Section 301 product exclusions and extending existing exclusions for COVID-19 medical care products. This action is in response to USTR’s March 25, 2020 proceeding soliciting public comments on whether to…
USTR Grants New Section 301 Exclusions and Extends Existing Exclusions for Certain Chinese Medical Products
**This is an update to our December 23, 2020 post**
On December 29, 2020, the U.S. Trade Representative (USTR) posted a notice granting new Section 301 product exclusions and extending existing exclusions for COVID-19 medical care products. This action is in response to USTR’s March 25, 2020 proceeding soliciting public comments on whether to…
The Next Four Years in International Business
Over the past few weeks, we have been speculating on the international trends and tides we expect to see in the next four years under a new U.S. presidential administration. So that you can enjoy our prognostications (before our program gets greenlighted as a Netflix special) we provide here:
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The Next Four Years of FCPA Enforcement: What to Expect From the Biden Administration
Contrary to some expectations, the Trump Administration Department of Justice imposed record penalties under the U.S. Foreign Corrupt Practices Act from 2017 through 2020. But in each of those years, fewer and fewer new FCPA investigations were initiated. We expect the Biden Administration to continue the trend of increasing FCPA enforcement settlement values, while also…
The Next Four Years of FCPA Enforcement: What to Expect From the Biden Administration
Contrary to some expectations, the Trump Administration Department of Justice imposed record penalties under the U.S. Foreign Corrupt Practices Act from 2017 through 2020. But in each of those years, fewer and fewer new FCPA investigations were initiated. We expect the Biden Administration to continue the trend of increasing FCPA enforcement settlement values, while also…
A Trade War on Two Fronts: U.S. Considers More Tariffs on European Goods
Opening Salvos: The Proposed Tariffs
On June 26, 2020, the U.S. Trade Representative (USTR) published a notice that it is considering new tariffs on exports such as olives, coffee, beer, gin, and trucks coming into the United States from France, Germany, Spain, and the United Kingdom.[1] The list of potential targets also includes various…
Another COVID-19 Enforcement Tool: Money Laundering Law
This article originally appeared on Law360 on June 9.
The novel coronavirus and resulting global health pandemic and economic crisis created a perfect storm for bad actors to engage in fraud and financial crimes. Law enforcement’s response to the criminal activity spurred by the pandemic and economic stimulus and relief efforts are still nascent and…
The Big New Decision: Declaration or Notice?
By Reid Whitten
The CFIUS Book: Second Edition (Slight Delay)
The pandemic that has put our world a bit sideways has, as you might expect, set back our publication date. We should have paper copies of the (much anticipated) CFIUS Book: Second Edition available by mid-May 2020. However, because we have the text ready, we will publish a…
FCPA Landmines Beneath the Surface of the COVID-19 Crisis
COVID-19 took the world by surprise and continues to spread across the globe in more than 210 countries and counting. The outbreak in the United States escalated rapidly, with over 585,000 confirmed cases as of April 14, 2020. The federal government and a number of hard-hit states were caught off guard, and soon learned that…
Sick without Symptoms: How Multi-Million Dollar Customs Issues are Ailing U.S. Companies Without Warning
Is your company in a high-risk zone? Does it have the following risk characteristics?
✓ Your company imports more than $10 million of goods.
✓ You are mid-market: between $50 million and $2 billion in annual turnover.
✓ Your company has experienced higher than average growth in revenues, personnel, or imports over the past 2…
Force Majeure Clauses & COVID-19 – Can Force Majeure Clauses Excuse Performance Under New York or Delaware Law in a Pandemic?
With the World Health Organization declaring COVID-19 a pandemic on Wednesday, March 11, 2020, businesses are likely to continue to feel its effects. When businesses are unable to perform their contractual obligations as a result of COVID-19, force majeure clauses may become important.
Force majeure clauses are commonplace in various contracts, including supply contracts, loan…
The Impact of Coronavirus on Supply Chain
By Angela Reid
The global Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) outbreak has caused supply chain disruptions to businesses around the world. From delayed production to halted factory operations and slim shipping and freight options, the coronavirus costs keep mounting for businesses facing huge losses. Developing a cogent response to the outbreak can be extremely challenging, given the…
Coming to America…to Wait Out the Coronavirus — Visa & Immigration Considerations
By Greg Berk
With the growing concern about Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) some foreign nationals who live outside the U.S. have decided to fly to the U.S. and wait out the crisis. This article discusses the related visa and immigration issues, and what U.S. Customs and Border Protection requires to admit someone into the U.S.
Flying…