Archives: Legal Analysis

Subscribe to Legal Analysis RSS Feed

Cross-Post: DOJ Updates Guidance for Corporate Compliance Programs

This week, the US Department of Justice (DOJ) announced an update to its 2017 guidance on how the DOJ will evaluate the effectiveness of a company’s corporate compliance program. The updated compliance guideline (Updated Guidance) is twice the length of the original and utilizes a more instructive approach, serving as a roadmap to prosecutors, and … Continue Reading

US and EU Release Preliminary Tariff Lists Amid WTO Aircraft Subsidies Disputes

As a tactic in the ongoing civilian aircraft subsidies dispute between the US and the EU at the World Trade Organization, the US government has proposed a preliminary list to tax about US$11 billion worth of products exported to the US from the EU.  The product list includes two sections, one focusing specifically on products … Continue Reading

President Trump Signs Memo Focused on Combating Counterfeit Goods, Impacting Supply Chains

On April 3, President Trump signed a memorandum calling for the Department of Homeland Security to prepare a report with recommendations to prevent the trafficking and sale of counterfeit goods in the American marketplace. The Department of Homeland Security is to work with the Commerce Department, the attorney general, and other federal agencies to prepare … Continue Reading

Brexit: Deal or “No Deal”? Preparing for a “No Deal” Brexit

Our colleagues Matthew Lewis, Matthew Kirk, and Robert MacLean have prepared another in-depth analysis of the current status of Brexit.  You can read and download the full update here. The range of options, and timescales, days after the UK should have left the EU, remains as wide as ever. We are still some way from knowing what future trading relationships will look like. … Continue Reading

When Politics Affects Supply Chains

According to recent WSJ reporting , immigration issues at the Mexico-US border are disrupting commercial trade, as US Customs and Border Patrol agents who typically handle trade traffic have been redirected to migrant issues. This redistribution of resources has reportedly caused a pile up of truck traffic and delay of inspections for agricultural and automotive components. … Continue Reading

Brexit: Where Do We Stand at the End of February?

The UK is scheduled to leave the EU on March 29, 2019, but so far the UK has failed to ratify a Withdrawal Agreement.  Whether the UK will leave with or without a deal remains unclear, and the analysis changes on a near-daily basis.  Regardless of outcome, however, the nature of the UK’s future trading relationship with the EU will need to be … Continue Reading

Brexit: Where Do We Stand at the End of January?

The UK is scheduled to leave the EU on March 29, 2019.  At this time, however, the UK has failed to ratify a Withdrawal Agreement, risking a “no-deal” exit.  Whether the UK will leave with or without a deal remains unclear, and the analysis changes on a near-daily basis.  Regardless of outcome, however, the nature of the UK’s future trading relationship with the EU … Continue Reading

Cross-Post from the frESH Blog – Latest News and Perspectives on California Prop 65

Under California’s Proposition 65 (Prop 65), any business with 10 or more employees that manufactures, sells, or distributes any consumer product containing a listed substance in California – directly or indirectly – must label the product with a clear and reasonable warning.  As such, understanding and complying with Prop 65, including the new regulations that became effective on August 30, … Continue Reading

Quoted in Bloomberg Law: Human Trafficking Case Could Lead to Expanded Supply Chain Liability

In Ratha v. Phatthana Seafood Co. Ltd., Cambodian plaintiffs sued various companies under the Trafficking Victims Protection and Reauthorization Act (TVPRA), alleging that the companies benefitted from human trafficking in the shrimp and seafood industries in Thailand. A California district court found that the claims against certain defendants failed because those companies did not knowingly participate in or benefit from human trafficking; that decision is now on … Continue Reading

Taxation in a Global, Digital Economy: Recent Developments

In the most recent edition of the Tax Strategy & Benefits Newsletter, our colleagues address international efforts to find a consensus on the tax challenges arising from digitalization of the global economy. The G20/OECD Base Erosion and Profit Shifting (BEPS) Project has so far failed to find an international consensus.  That delay and lack of progress has … Continue Reading

Midterm Election Analysis

On Tuesday, November 6, voters across the US cast ballots in the first major referendum since the election of President Donald J. Trump in 2016. As a result of the most expensive midterm elections in history, Democrats will be in charge of the House of Representatives and Republicans will expand their control of the Senate … Continue Reading

Potential Impact of Recent US Tariffs and Trade Actions on the Automotive Industry

The US Department of Commerce investigation into the threat of automotive imports to US national security under Section 232 of the Trade Expansion Act of 1962, as amended, started in May 2018.  Currently, the Trump Administration is considering a 25% tariff on vehicles and auto parts from all foreign countries of origin.  Additional Section 301 tariffs against … Continue Reading

Force Majeure in a Tight Labor Market

2018 has produced a tight labor market for many manufacturers.  Particularly in the electronics, aerospace, and trucking/automotive sectors, skilled laborers are becoming increasingly difficult to find.  As a consequence, many manufacturers are finding themselves in a position where they are unable to perform contracts that have any degree of complexity without a level of scrap … Continue Reading

How Do You, Your Suppliers and Customers Fare as Trade Tensions Escalate?

It has been a tumultuous year for trade. Nearly all steel and aluminum imported into the US now face additional 25% and 10% tariffs, respectively, after the Trump Administration determined such imports threatened US national security. An additional 25% tariff will be added to a growing list of products from China, following a US investigation … Continue Reading

The EU Conflict Minerals Regime

Responsible sourcing is a vital consideration for supply chain professionals, however, sourcing valuable minerals from conflict-affected and high-risk areas is one of the most challenging supply chain concerns.  Importers of conflict minerals must meet the obligations of EU Regulation 2017/821, the Conflict Minerals Regulation, requiring third-party audits and disclosures about supply chain due diligence. Our resident conflicts … Continue Reading

Account Overdue: What Now? (Part 2)

Where were we… In our previous post, we discussed alternative account receivable collection mechanisms, export insurance, trade credit insurance, and factoring – detailing the pros and cons of such tools. In this post, we will explore the ever popular letters of credit, time drafts, and finally several other best practices and alternative tools that can … Continue Reading

Account Overdue: What Now? (Part 1)

Picture yourself starting a new relationship with a new contact and future distributor in South America. You checked references, as far as that goes, but there are not many companies with experience with your products in the region. Do you take the plunge and hope for the best relying on your arbitration provision or choice … Continue Reading
LexBlog