The election of President Trump contained more than a few positive signs for Private Equity (PE) firms. Promises of a lower corporate tax environment, a ten-percent tax holiday for funds parked overseas, large infrastructure...more
3/6/2017
/ Anti-Money Laundering ,
Antitrust Violations ,
CFIUS ,
Corporate Taxes ,
Cybersecurity ,
Data Privacy ,
Dodd-Frank ,
Due Diligence ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
ITAR ,
NAFTA ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Portfolio Companies ,
Private Equity ,
Repeal ,
Risk Assessment ,
Risk Mitigation ,
Trump Administration ,
Whistleblowers
The Trump administration has vowed to bring jobs back to the states. One of the methods it appears it’ll take advantage of is continued, aggressive enforcement of U.S. laws governing exports and international conduct....more
3/1/2017
/ Automotive Industry ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Extraterritoriality Rules ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Free Trade Agreements ,
Job Creation ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Supply Chain ,
Trade Policy ,
Trump Administration
Enforcement activity under the Obama administration often made headlines for the eye-popping level of fines, with the Foreign Corrupt Practices Act (FCPA), Anti-Money Laundering (AML) regulations, and economic sanctions...more
2/11/2017
/ Affordable Care Act ,
Anti-Corruption ,
Anti-Money Laundering ,
Attorney General ,
Bribery ,
CFIUS ,
Civil Monetary Penalty ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Penalties ,
Criminal Prosecution ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Dual Use Goods ,
Economic Sanctions ,
Employee Training ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Extraterritoriality Rules ,
False Claims Act (FCA) ,
FBI ,
Financial Fraud ,
Foreign Corrupt Practices Act (FCPA) ,
Healthcare Fraud ,
Internal Audit Functions ,
Internal Controls ,
ITAR ,
Multinationals ,
NAFTA ,
Office of Foreign Assets Control (OFAC) ,
Political Appointments ,
Risk Management ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Terrorist Financing Regulations ,
Trump Administration ,
U.S. Commerce Department ,
Whistleblower Awards ,
White Collar Crimes ,
Yates Memorandum
During the campaign, U.S. Customs & Border Protection (CBP) was mostly mentioned by President Trump in the context of illegal immigration. Controlling the flow of people, however, is only one of the jobs of CBP, which is part...more
2/9/2017
/ Anti-Dumping Duty ,
Audits ,
Bonds ,
C-TPAT ,
China ,
Compliance ,
Corporate Counsel ,
Countervailing Duties ,
Country of Origin ,
Criminal Penalties ,
Customs and Border Protection ,
Data Collection ,
Department of Justice (DOJ) ,
Due Diligence ,
Exports ,
False Claims Act (FCA) ,
Forced Labor ,
Illegal Imports ,
Immigration Reform ,
Imports ,
Intellectual Property Protection ,
Mexico ,
NAFTA ,
Tariffs ,
Trade Facilitation and Trade Enforcement Act ,
Trump Administration
One of the themes of the Trump campaign was the need for enhanced national security. Although the Committee of Foreign Investment in the United States (CFIUS) is not mentioned in Mr. Trump’s 100-day plan, it is highly likely...more
1/25/2017
/ Acquisitions ,
CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Foreign Investment ,
Mergers ,
National Security ,
Popular ,
Trump Administration ,
USTR ,
Young Lawyers
Foley’s Automotive Industry Team has prepared this report that examines what the litigation, enforcement, and regulatory landscape will look like in 2017. Inside, you will learn about:
- Managing warranty, recall, and...more
1/13/2017
/ Antitrust Violations ,
Automobile Recall ,
Automotive Industry ,
Compliance ,
Connected Cars ,
Contract Disputes ,
Cybersecurity ,
Employer Liability Issues ,
Federal Contractors ,
NHTSA ,
Safety Standards ,
Small Business ,
Trump Administration ,
Warranties
Globalization and the need to efficiently deploy corporate resources have led many multinational companies to establish global supply networks. Although these efforts often lead to the efficient deployment of capital,...more
1/11/2017
/ Anti-Dumping Duty ,
China ,
Countervailing Duties ,
Cross-Border Transactions ,
Customs and Border Protection ,
Exports ,
False Claims Act (FCA) ,
Imports ,
International Trade Commission (ITC) ,
Manufacturers ,
Most-Favored Nations ,
Multinationals ,
NAFTA ,
Remedies ,
Section 301 ,
Section 337 ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
U.S. Commerce Department ,
Unfair Trade Practices Act ,
WTO
With the recent U.S. election finally reaching its close, the unexpected election of Mr. Trump has left many multinational companies wondering how the change in administration will impact their business operations. One of the...more
12/2/2016
/ Canada ,
China ,
Duties ,
Exports ,
Free Trade Agreements ,
Immigration Reform ,
Imports ,
International Trade Commission (ITC) ,
Mexico ,
NAFTA ,
Presidential Elections ,
Section 337 ,
Supply Chain ,
Tariffs ,
Trade Agreements ,
Trade Relations ,
Trump Administration
Who could dislike the title of this post? It promises to solve all your compliance problems and keep your business out of litigation. Were it only that simple.
Of course, it is not. But, when it comes to compliance,...more
Changes Authorize Certain Transactions by Foreign-Incorporated Companies -
On January 16, 2016, the U.S. Treasury Department eased economic sanctions on Iran and issued new licenses authorizing three new categories of...more
The penalties for compliance missteps have never been higher — particularly in the international regulatory context. As the record-setting penalties against BNP Paribas (nearly $9 billion in penalties for violations of...more
New Rules Open Opportunities for Exports, Financial Services, and Travel-
On January 16, 2014, the U.S. Treasury Department issued new sanctions regulations easing the 54-year old Cuban embargo. Coming in the wake of...more
1/22/2015
/ Amended Regulation ,
Banking Sector ,
Barack Obama ,
Bureau of Industry and Security (BIS) ,
Cuban Assets Control Regulations (CACR) ,
Embargo ,
Executive Orders ,
Export Controls ,
Exports ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Telecommunications ,
Trade Relations ,
Travel Permits ,
U.S. Treasury
Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more
1/12/2015
/ Americans with Disabilities Act (ADA) ,
Antitrust Provisions ,
Auto Parts ,
Automobile Recall ,
Automotive Industry ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Manufacturers ,
NHTSA ,
NLRB ,
Suppliers ,
V2V
President Obama recently announced steps to ease the 54-year old embargo on Cuba and begin to restore diplomatic relations. The following frequently asked questions examine key issues from a policy and business...more
On December 17, 2014, President Obama announced steps to ease the 54-year old embargo on Cuba and begin to restore diplomatic relations. Although the full extent of easing has yet to be determined, this historic policy shift...more
President Obama recently announced changes to U.S.-Cuba policy, opening diplomatic relations with Cuba more than 50 years after the imposition of the Cold War-related sanctions against the country. The full scope of the...more
More than a third of United States businesses are either bringing back or considering bringing back manufacturing activity to the U.S. through “reshoring.” Although one would think that bringing production back to the U.S....more
On March 20, 2014, President Obama issued a new Executive Order expanding sanctions against Russian officials and other entities involved in Moscow’s recent annexation of Crimea....more
We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you...more
In last month’s newsletter, we discussed how developments in 2012 had considerably tightened sanctions against Iran, including through the first-ever application of sanctions to separately incorporated subsidiaries of U.S....more
Multinational companies in the automotive supply sector could face heightened enforcement risks under new sanctions on Iran. Effective March 8, 2013, U.S. parent companies will become liable for Iran-related sanctions...more
For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be...more