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|French Blocking Statute: A Death Foretold?|
Ozan Akyurek; Jones Day;
February 10, 2014, previously published on February 2014Originally enacted in response to a U.S. antitrust investigation into French shipping companies, the French Blocking Statute may soon live its last days.
|UK Employment Arrangements: UK Publishes Proposed Tax Measures Against Dual Contracts|
Sullivan Cromwell LLP;
February 10, 2014, previously published on February 5, 2014The UK government has published the draft legislation announced in December’s Autumn Statement to “end the abuse of dual contracts”. Dual contracts have in particular been used by employees resident, but not domiciled, in the United Kingdom to benefit from the UK’s...
|Why South Africa Should Not Be Graduated From AGOA|
Evelyn M. Suarez; Williams Mullen;
February 4, 2014, previously published on January 30, 2014With attention turned towards the renewal of the African Growth & Opportunity Act (AGOA), some have called for South Africa to be graduated from the duty preference program because of its well-developed infrastructure and labor force. Some have also raised the issue of certain non-tariff...
|Fourth Circuit Holds That Defendant Can Be Guilty of Criminal Violation of Armed Export Control Act Even Without Specific Knowledge That the Exported Item Is a Regulated “Defense Article”|
John Staige Davis, Thomas B. McVey; Williams Mullen;
February 4, 2014, previously published on January 30, 2014To obtain a felony conviction under the Arms Export Control Act for “willfully” exporting “defense articles” without a license, must the government prove that the defendant knew the items in question were specifically subject to federal regulation?
|US Supreme Court Further Limits Jurisdictional Reach of the US Courts Over Foreign Torts|
Lea Haber Kuck, Timothy G. Nelson; Skadden, Arps, Slate, Meagher & Flom LLP;
February 3, 2014, previously published on January 16, 2014The U.S. Supreme Court began 2014 by issuing a decision limiting the ability of plaintiffs to assert tort claims against foreign corporations in the U.S. courts based on events occurring outside the United States. In Daimler AG v. Bauman, the Court held that federal due process prevents a court...
|Markets in Financial Instruments Directive (MiFID) II Update|
Bingham McCutchen LLP;
February 3, 2014, previously published on January 22, 2014After two years of discussion and negotiation, it was announced on 14 January 2014 that the European Commission, European Parliament and the Council of the European Union have reached informal political agreement on “MiFID II”, the package of reforms and amendments to the Markets in...
|Trade Facilitation: A Critical Element for Africa’s Place in the Global Value Chain|
Evelyn M. Suarez; Williams Mullen;
February 3, 2014, previously published on January 28, 2014The case for regional integration in Africa has been made, by Donald Kaberuka, President of the African Development Bank, as well as by other well-known African authorities. So the question that now arises is how can regional integration be accomplished? Large amounts of money - both public and...
|US Implements the P5+1 Joint Plan of Action with Iran|
Dentons Canada LLP;
January 31, 2014, previously published on January 23, 2014On Monday, January 20, the US Department of the Treasury ("Treasury") released much-anticipated guidance on its implementation of the Joint Plan of Action ("JPA") agreed to by the US, UK, France, China, Russia, and Germany (collectively the "P5 + 1") and Iran on...
|OFAC Publishes Key Guidance Related to the Lifting of Certain Sanctions on Iran|
Duane Morris LLP;
January 31, 2014, previously published on January 22, 2014The United States will continue to take enforcement action against those who seek to evade or circumvent sanctions.
|Supreme Court Grants Certiorari to Argentina in Discovery Case|
Bruce A. Wolfson; Bingham McCutchen LLP;
January 15, 2014, previously published on January 13, 2014As widely anticipated, on Friday, January 10, the Supreme Court agreed to hear Argentina’s Foreign Sovereign Immunities Act (FSIA) challenge to a discovery order entered by the Southern District and affirmed by the Second Circuit.