Perkins Coie has a long history of active participation in the growth of the global economy. Starting with our incorporation of The Boeing Company in 1916, we have worked with domestic and international clients to pioneer international markets and projects, including joint ventures, overseas investments, exporting and importing, protection of intellectual property, immigration, taxation, antitrust and finance.
Publications
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03.28.2024Federal District Court Finds Corporate Transparency Act Unconstitutional: What Now?UpdatesOn March 1, 2024, the U.S. District Court for the Northern District of Alabama held that the CTA was unconstitutional because it exceeds Congress’s enumerated powers. As a result, the Alabama district court enjoined enforcement of the CTA as to the plaintiffs in that matter, the National Small Business Association, and one of its individual members.
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01.04.2024CTA Compliance Tip: Spouses and Domestic Partners in Community Property States May Also Be “Beneficial Owners”UpdatesAs discussed in our prior Update on the Corporate Transparency Act, anyone who owns or controls at least 25% of the ownership interests of a CTA reporting company must report their beneficial ownership to the Financial Crimes Enforcement Network.
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12.29.2023Corporate Transparency Act Applied to M&AUpdatesThe Corporate Transparency Act, designed to combat the use of shell companies for illicit purposes and increase ownership transparency in corporate structures, takes effect on January 1, 2024
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08.16.2023A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in ChinaUpdatesPresident Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.) on August 9, 2023, highlighting the risks these technologies and products pose to U.S. national security and marking the latest round in the ever-increasing competition between the United States and China.
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05.25.2023Mandatory BEA Foreign Investment-Related Surveys Filing Deadlines Fast ApproachUpdatesThe Bureau of Economic Analysis of the U.S. Commerce Department is the government agency that prepares important statistics and objective data about the U.S. economy, including the U.S. gross domestic product. As part of its data-gathering process, the BEA makes use of a variety of surveys and other reports submitted to it by U.S. business enterprises and individuals. Two of BEA’s most comprehensive five-year benchmark surveys have impending filing deadlines and must be submitted by those U.S. businesses and persons to which they apply.
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11.08.2022New US Export Controls Target China’s Semiconductor and Supercomputer SectorsUpdatesThe U.S. Commerce Department’s Bureau of Industry and Security announced an interim final rule, adding a substantial number of new export restrictions to China of advanced semiconductors and chip manufacturing equipment.
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07.15.2020Compliance Burdens Grow With Rule Barring Government Contractors’ Use of Telecommunications Equipment or Services From Certain Chinese CompaniesUpdates
The U.S. government has issued a long-awaited rule implementing legislation to prevent federal agencies from contracting with entities that use telecommunications equipment or services produced or provided by Huawei Technologies Company, ZTE Corporation, and certain other Chinese companies, a major step that will impose a significant new compliance burden on government contractors.
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08.14.2019New Rule Prohibits U.S. Government Agencies From Acquiring Telecommunications Equipment or Services From Huawei, ZTE, Certain Other Chinese CompaniesUpdatesIn an interim rule published on August 13, 2019, the U.S. government revised the Federal Acquisition Regulation (FAR) to prohibit federal agencies from acquiring telecommunications equipment or services produced or provided by Huawei Technologies Company, ZTE Corporation and other Chinese companies.
This update was republished in Law360 on 09.10.2019, "Adapting To Gov't Contractor Rules Banning Chinese Telecom." -
E-BookA Manufacturer's Guide to Product Liability Law in the United StatesLawyer PublicationsPerkins Coie is proud to announce that the third edition of A Manufacturer's Guide to Product Liability Law in the United States is now available as an e-book and in a Chinese printed version, as well as the original English printed version.
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04.03.2019Understanding the UK’s Impending “Name and Shame” Approach for Ridding Supply Chains of Forced LaborUpdatesThe U.K. Modern Slavery Act of 2015, which was modeled after the California Transparency in Supply Chains Act, requires companies falling under its jurisdictional hook (and there are many) to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively “forced”) labor from their supply chains.
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07.26.2018The Rapidly Escalating Global Trade War: A Snapshot of New Trade BarriersUpdatesDriven by a newly aggressive “America First” trade policy under the Trump administration, global trade barriers are increasing rapidly, with proposals for new tariffs and non-tariff barriers issued by U.S. and foreign governments on a near-daily basis.
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05.09.2018Sanctions Update: Rewind Your Iran Compliance Policy to January 2016UpdatesThe United States will reimpose sanctions against Iran to implement President Donald Trump’s decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA), a multilateral agreement under which Iran agreed to curb development of certain nuclear capabilities in exchange for the United States lifting specified sanctions.
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03.08.2018FCPA Enforcement and Corporate Compliance: 3 Things to Know for 2018UpdatesLast year saw continued aggressive Foreign Corrupt Practices Act enforcement by the U.S. Department of Justice and all indicators are that investigations are not going to slow down in 2018.
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03.06.2018Natural Gas Importer Sues U.S. Customs for Rejecting NAFTA ClaimsUpdatesAn importer of natural gas from Canada filed suit on February 23, 2018, alleging that U.S. Customs and Border Protection unlawfully denied preferential treatment for its imports under NAFTA.
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06.13.2017U.S. Agencies Step Up Insider Trading Enforcement Against Foreign Nationals, Particularly Chinese TradersUpdatesInvestigations and enforcement actions by the SEC and DOJ targeting potential illegal insider trading by foreign nationals, particularly by those in China, are increasing significantly.
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06.09.2017Court Opinion on Liability for Re-Exports to Iran Spurs Practical Guidance for U.S. ExportersUpdatesA recent federal appeals court decision addresses a familiar issue for many companies: When can a U.S. exporter be liable for a product that is re-exported to a sanctioned country, such as Iran?
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05.25.2017NAFTA Renegotiation Faces a Lengthy, Uncertain FutureUpdatesOn May 18, 2017, United States Trade Representative Robert Lighthizer notified Congress that he is seeking to renegotiate the North American Free Trade Agreement (NAFTA).
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01.20.2017Key Trade Appointees and President Trump’s Approach to International Trade PolicyUpdatesPresident Trump has now appointed the senior members of his administration (some of whom remain subject to U.S. Senate confirmation) who will help him develop, coordinate and enforce U.S. trade policy.
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01.19.2017CFIUS: President-elect Trump’s Potential Big Stick for China and Foreign TradeUpdatesOn the campaign trail, President-elect Trump adopted a contentious approach towards foreign trade, focusing on Chinese “theft of American trade secrets” and suggesting, at times, potential isolationism for U.S. businesses.
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01.04.2017India Amends Capital Gains Tax Treaty With SingaporeUpdatesThe Government of India amended its double taxation avoidance agreement (DTAA) with Singapore on December 30, 2016.
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11.29.2016U.S. Lumber Producers Target Softwood Lumber Imports from Canada; Bilateral Negotiations ReinvigoratedUpdatesFollowing a recent breakdown of bilateral negotiations, a group of U.S. companies calling itself COALITION (Committee Overseeing Action for Lumber International Trade or Negotiations) filed antidumping and countervailing duty petitions with the U.S. Department of Commerce and the ITC.
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11.22.2016What Does the Promised Trade War Mean for Companies?UpdatesPresident-elect Donald Trump has promised action that could drastically change the rules for U.S. importers and exporters, foreign shippers to the United States and service providers.
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10.31.2016Reserve Bank of India Permits Startups to Raise Up to $3 Million in ECBUpdatesThe Reserve Bank of India announced new rules permitting startups to raise a maximum of USD 3 million or equivalent through external commercial borrowings (ECB) in a financial year.
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09.12.2016Antitrust Division Focuses Enforcement Efforts on Individuals Behind International CartelsUpdatesThe Antitrust Division of the U.S. Department of Justice is vigorously pursuing civil and criminal actions against individuals—and not simply the companies they run.
This update was also published in China Business Review on 03.17.2017, "Antitrust Division Focuses Enforcement Efforts on Individuals Behind International Cartels."
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08.30.2016New Import Regulations Signal Increased Enforcement Against Duty EvasionUpdatesU.S. Customs and Border Protection (CBP) has issued new interim regulations to remedy and penalize evasion of antidumping and countervailing duties (AD/CVD) orders.
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08.25.2016Indian Government Approves New India-Cyprus Tax TreatyUpdatesThe Indian government approved a new India-Cyprus tax treaty on August 24, 2016 that will allow the Indian government to tax capital gains on investments routed through Cyprus.
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06.20.2016Indian Government Relaxes Restrictions on Foreign Direct InvestmentUpdatesThe Indian government announced on June 20, 2016 new rules for foreign direct investment (FDI), allowing for up to 100% FDI in certain sectors, including defense and civil aviation.
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02.19.2016India Ratifies International Convention on Nuclear Energy Accident LiabilityUpdatesThe government of India ratified the Convention on Supplementary Compensation (CSC) for Nuclear Damage on February 4, 2016, making India a part of the global agreement establishing standards for compensation of victims of nuclear accidents.
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02.12.2016New U.S. Trade Law Exposes Importers to Duty Evasion Allegations and Targets Currency Manipulation, Among Other ChangesUpdatesThis week Congress amended U.S. customs law to create new risks and opportunities for companies importing goods into the United States.
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01.22.2016United States Lifts Certain Sanctions Against Iran, With Limited Impact on U.S. CompaniesUpdatesThe United States suspended certain “secondary sanctions” against Iran that apply to non-U.S. companies for transactions that take place outside of the United States and do not involve U.S. persons on “Implementation Day,” January 16, 2016, under the Joint Comprehensive Plan of Action (JCPOA).
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11.05.2015Trans-Pacific Partnership Publicly Released, Approval is Next HurdleUpdatesOne month after announcing the conclusion of negotiations, the Office of the United States Trade Representative (USTR) today released the full text of the Trans-Pacific Partnership agreement (TPP).
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10.08.2015Trans-Pacific Partnership May Have Far-Reaching Consequences for U.S. IndustryUpdatesThis week, the 12 Trans-Pacific Partnership (TPP) member countries decided the final terms of what they report is a far-reaching agreement (Agreement or TPP Agreement).
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07.07.2015BIS Proposes Significant New Export Controls on Cybersecurity ItemsUpdatesThe Bureau of Industry and Security (BIS) recently issued a proposed rule that would require an export license for specified cybersecurity items to all destinations, except Canada.
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07.01.2015Trade Laws Promise New Opportunities for U.S. BusinessesUpdatesPresident Obama signed Trade Promotion Authority (TPA) into law this week. TPA permits the Obama administration to submit free trade agreements (FTAs) to Congress for a simple yes-or-no vote, without amendment.
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04.14.2015President Issues Executive Order to Block Assets of Foreign Cyber AttackersUpdatesPresident Obama recently issued Executive Order 13694 (EO 13694 or EO), “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities.” EO 13694 is aimed at deterring cyber attacks, cyber espionage and cyber thefts, which have become increasingly common in recent years.
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04.01.2015How U.S. Sanctions Can Affect Companies With Russian InvestorsUpdatesWhen the White House recently announced that it was extending sanctions against Russia for another year, it cited a continued “unusual and extraordinary threat” from Russia’s activities in Ukraine. President Obama also signed the Ukraine Freedom Support Act of 2014 at the end of last year, which authorized the White House to enact further sanctions on Russia.
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02.12.2015Qualcomm Resolves China Antitrust Investigation by Paying $975 Million and Changing its Patent Licensing PracticesUpdatesQualcomm sells chipsets and licenses its related standard-essential patents for use in 3G- and 4G-enabled smartphones and tablets. In late 2013, China’s National Development and Reform Commission (NDRC) began investigating Qualcomm’s patent licensing practices under China’s Anti-Monopoly Law (AML).
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01.13.2015Terrorism Insurance: Steps for Policyholders After TRIA’s ReauthorizationUpdatesReacting quickly to the concerns of the business community and insurance policyholders, the 114th Congress voted overwhelmingly to approve the Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIA). On January 12, 2015, President Barack Obama signed the TRIA into law.
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01.06.2015Russia, Venezuela and North Korea: U.S. Trade Sanctions Expand in International MarketsUpdatesDuring the same week that President Barack Obama announced sweeping changes in the diplomatic and trade relationships between the United States and Cuba, the president signed congressional legislation authorizing additional sanctions against Russia (December 19, 2014) and Venezuela (December 18, 2014).
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12.23.2014Need Terrorism Coverage? Take Action Before January 1, 2015UpdatesThe U.S. Congress failed to reauthorize the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) prior to adjourning on December 16, 2014. The new 114th Congress will not convene until January 6, 2015 and may not immediately begin the consideration of TRIPRA for several days thereafter.
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12.18.2014U.S. Embargo Against Cuba: Historic Changes AheadUpdatesOn December 17, 2014, President Barack Obama announced sweeping changes in the diplomatic and trade relationships between the United States and Cuba. These changes, outlined below, will require time to implement; certain aspects will require Congressional approval.
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11.17.2014U.S.-China ITA Breakthrough May Reduce Tariffs on High-Tech ProductsUpdatesOn November 10, United States Trade Representative Michael Froman announced a major breakthrough in negotiations with China to eliminate tariffs on information technology products by expanding the scope of the International Technology Agreement (ITA).
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03.28.2014Turmoil in Ukraine (Part II): U.S. Halts Export Licenses for Dual-Use and Defense Items to Russia; Congress Acts to Codify and Expand Russia SanctionsUpdatesU.S. government agencies announced this week that they have suspended issuing export licenses to companies sending or releasing sensitive goods, services and technology to Russia.
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03.21.2014Turmoil in Ukraine: Actions Your Company Can Take Now as Sanctions Against Russia EscalateUpdatesEvents are rapidly evolving with respect to Russia’s recent military incursion into, and subsequent annexation of, Ukraine’s Crimean Peninsula. The Obama Administration considers Russia’s acts to be clear violations of international law and believes Russia should incur significant costs for threatening the peace, stability and security of Ukraine and the region. To that end, the United States and other nations have implemented sanctions against Russia.
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01.07.2014U.S. Industry Files New Allegations Against Solar Products From China and TaiwanUpdatesOn December 31, 2013, SolarWorld Industries America (SolarWorld), a U.S. manufacturer of solar panels, petitioned the Department of Commerce (Commerce) and the International Trade Commission (ITC) for additional tariffs on imports of solar products from China and Taiwan that SolarWorld alleges are dumped (sold at less than fair value) and/or on Chinese products that benefit from Chinese government subsidies.
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11.27.2013How Should U.S. Companies React to the Iran Nuclear Deal and Which Sanctions Are Suspended?UpdatesThe United States agreed to suspend certain sanctions against Iran over the weekend as part of an agreement to curb the Iranian nuclear program. The agreement, which provides for a six-month first step towards a comprehensive solution for Iran’s nuclear program and related sanctions, is between Iran and the United States, the United Kingdom, Germany, France, Russia, and China, collectively referred to as “P5+1.”
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07.22.2013USCIS Releases New Policy Memorandum for EB-5 ProgramUpdatesFollowing numerous revisions and opportunities for public comment, on May 30, 2013, U.S. Citizenship and Immigration Services (USCIS) released a Policy Memorandum for all USCIS employees regarding EB-5 adjudications.
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10.25.2012Perils of the Global Supply Chain, Part 2: Supply Chain Responsibility, Or Else.UpdatesWhether “Corporate Social Responsibility” (CSR) is a new phrase to your company or is something you have observed and worked on for years, these are perilous times indeed for companies with large, complex, global supply chains.
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10.03.2012EB-5 Regional Center Program Extended Until September 30, 2015UpdatesOn September 28, 2012, President Barack Obama signed bipartisan legislation extending the EB-5 Regional Center Program for an additional three years. The new sunset date for the program is September 30, 2015.
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06.27.2012Perils of the Global Supply Chain Series – Part 1UpdatesThose working in today's in-house law departments or supervising global supply chains and third-party business partners have become sensitive to the significant dangers posed by not complying with the U.S. Foreign Corrupt Practices Act (“FCPA”). The well-publicized recent events surrounding Wal-Mart's FCPA woes have only raised already-elevated anxiety levels.
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06.05.2012Senate Bill Introduced to Make EB-5 Regional Center Program PermanentUpdatesOn May 24, 2012, Senator Patrick Leahy (D-Vermont) introduced legislation into the U.S. Senate that would make the EB-5 Regional Center Program permanent. Senate Bill 3245 is co-sponsored by Senator Chuck Grassley (R-Iowa) and was referred to the Senate Judiciary Committee where it is pending committee action. Senator Leahy previously secured short-term extensions of the EB-5 Regional Center Program, which is currently set to expire on September 30, 2012.
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02.23.2012China's New Foreign Investment Industrial Guidance CatalogueUpdatesThe Foreign Investment Industrial Guidance Catalogue (2011 Revision) issued by the China National Development and Reform Commission and the Ministry of Commerce ("MOFCOM") went into effect in China on January 30, 2012.
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10.06.2011EB-5 Immigration Investments: Startup Visas Discussed in Congressional HearingUpdatesOn September 14, 2011, the Subcommittee on Immigration Policy and Enforcement of the House Judiciary Committee, directed by House Judiciary Chairman Rep. Lamar Smith (R-TX), heard testimony from two venture capitalists in favor of Congress enacting the "EB-6 Startup Visa."
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09.29.2011EB-5 Investments: The New "Old" Alternative Finance ToolUpdatesIs it the result of turbulent economic times, tighter bank financing, or the globalization of the private finance and investment world? We cannot say for sure what is fueling the interest, but an increasing number of our clients are asking about, exploring or already gaining the benefits of the EB-5 Immigrant Investor Visa Program.
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09.09.2011BIS Requests Comments on Foreign Policy-Based ControlsUpdatesThe U.S. Bureau of Industry and Security (BIS) has issued a request for public comments on the effect of extending foreign-policy based export controls for another year. Such controls require annual extension, including a review by BIS, a request for public comments, and a related report to Congress.
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08.18.2011New Export License Exception "STA" Now AvailableUpdatesThe U.S. Bureau of Industry and Security has published its Final Rule on the much anticipated license exception Strategic Trade Authorization 76 Federal Register 35276. This new license exception is the next significant step in the Obama Administration's Export Reform Initiative, intended to facilitate exports between the United States and its close partners and allies by easing the license burden on exports of numerous items.
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10.05.2010New Legislation Eliminates Capital Gains Tax for Certain New Investments in Small Businesses Made Before January 1, 2011UpdatesOn September 27, 2010, President Obama signed into law the Creating Small Business Jobs Act of 2010 (the “Act”). Among other provisions, the Act excludes from gross income for regular income and alternative minimum tax purposes 100% of the capital gains (subject to a per issuer limitation described below) of non-corporate taxpayers from investments in qualified small business stock made after September 27, 2010 and before January 1, 2011. For investments in qualified small business stock made after December 31, 2010, only 50% of the capital gains generally will be excluded from gross income.
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07.20.2010Chinese Government Issues Draft Notice Regarding 2010 National Indigenous Innovation Product Accreditation CriteriaUpdatesIn April the Chinese Ministry of Science and Technology ("MOST"), the National Development and Reform Commission ("NDRC"), and the Ministry of Finance ("MOF") jointly issued the Draft Notice Regarding the Launch of the National Indigenous Innovation Product Accreditation Work for 2010.
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06.15.2010The IBA Adopts Revised Rules of Evidence for International ArbitrationUpdatesThe framework for international arbitration is provided primarily by arbitration agreements, institutional rules and national laws. Those sources, however, typically say little or nothing about rules of evidence or the process for presenting documents, fact and expert witnesses, discovery, and the conduct of the evidentiary hearing.
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12.15.2009DOE Steps Up Enforcement of Energy Efficiency Standards, Gives Appliance Manufacturers 30-Day Grace Period to File ReportsUpdatesAs part of its initiative to strengthen enforcement of energy efficiency standards, the U.S. Department of Energy (DOE) announced on December 9, 2009 that it will give manufacturers a 30-day grace period—ending on January 8, 2010—to file or update certifications of compliance with energy efficiency standards for appliances. After that date, DOE will begin more aggressively enforcing the certification requirements.
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01.08.2009Exon-Florio/CFIUS: Does Your Transaction Present National Security Considerations?UpdatesThe U.S. Treasury Department, chair of the Committee on Foreign Investment in the United States ("CFIUS"), recently published guidance on the types of transactions previously reviewed by CFIUS that have presented national security considerations ("Guidance"). The Guidance is intended to provide insight into how CFIUS identifies the national security effects of covered transactions and may assist parties considering whether to file a voluntary notice of a transaction with CFIUS [1]. This is an important determination because, although filing a CFIUS notice is voluntary, the parties may be forced to unwind a transaction where no filing was made if the President later determines it poses national security risks.
Presentations
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11.11.2020The Role of Attorneys in Connection with Trusts: Lessons Learned From the US ExperienceSpeaking EngagementsPanelist
Japan Federation of Bar Associations / Virtual -
04.2020The CARES Act Webinar SeriesWebinarsJoin us for a timely webinar that will address key considerations for businesses exploring the financing opportunities made available under the CARES Act.