11 Apr
Member News

When, Where and Whether: The Confusing Law of Third-Party Evidence

By Benjamin J. Eichel & Matthew H. Adler | Pepper Hamilton  The U.S. Supreme Court has demonstrated with increasing frequency over the past 20 years a particular fascination with arbitration. There have been at least 20 Scotus cases in the past decade on arbitration, including three cases in the current term—two in the first week in October. By contrast, even though there remains far more cases in federal court than in arbitration, and even though personal jurisdiction is both a frequently...

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11 Apr
Member News, Trade & TTIP Related

WTO Dispute Settlement Panel’s Decision to Rule on National Security Exception May Have a Major Impact on Trump Administration’s Section 232 Tariffs

By Thompson Hine International Trade on April 11, 2019 A World Trade Organization (WTO) dispute settlement panel ruling, Russia – Measures Concerning Traffic in Transit, issued last week on a member’s use of the WTO’s so-called “national security exception” under Article XXI of the General Agreement on Tariffs and Trade (GATT) may have a significant impact on the Trump administration’s application of that exception under U.S. law, Section 232 of the Trade Expansion Act of 1962, to impose tariffs on imports worldwide. Currently, the Trump...

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11 Apr
Member News

European Parliament approves new digital Copyright rules

On March 26, 2019, the European Parliament voted in favor of the new Copyright Directive, in the text resulting from the Trilogue. The Directive contains a variety of provisions concerning, among others, the status of the press, cultural heritage institutions and digital platforms. It tackles the use of journalistic content online, the measures to be adopted by online platforms in order to identify and prevent copyright infringements and new copyright exceptions such as for text and data mining. The text...

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11 Apr
Brexit News, Chapter News, News

EU27 leaders agreed to delay Brexit until 31 October 2019. Their decision was taken in agreement with the UK.

EU27 leaders took note of the letter sent by UK Prime Minister Theresa May asking for a further extension to the Article 50 period. They agreed to an extension to allow for the ratification of the withdrawal agreement. “Such an extension should last only as long as necessary and, in any event, no longer than 31 October. If the withdrawal agreement is ratified by both parties before this date, the withdrawal will take place on the first day of the...

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10 Apr
Member News

FDIC Reminds Small Banks of Need to Oversee Technology Service Providers

By Richard P. Eckman, Mark T. Dabertin, Avinoam D. Erdfarb | Pepper Hamilton  The need to control  risks associated with using third-party technology service providers was reemphasized by the FDIC for institutions with less than $1 billion in assets in a new financial institutions letter (FIL) FIL-19-2019, “Technology Service Provider Contracts.” Released on April 2,  2019.  This FIL was prompted by failings in third-party oversight uncovered in recent examinations. It reiterates guidance previously issued in FIL-44-2008, “Guidance for Managing Third-Party Risk,” and emphasizes...

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10 Apr
Member News

Culture and Conduct Reform: A Permanent Mindset Change

By William R. Rhodes | March 19, 2019 | Brown University Panel Thank you to Mark Blyth. It is a pleasure to be here at the Rhodes Center, in the Watson Institute, here at my alma mater Brown University. I am delighted to be participating in this panel. Thanks to all of you and my fellow panelists. We are here to discuss bank conduct and culture. A subject of great importance to me personally. I remember my more than 50 years of...

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10 Apr
Member News, Trade & TTIP Related

Section 301 Tariffs on certain EU merchandise

The USTR issued a press release late yesterday regarding the potential imposition of additional tariffs on certain products from the European Union. The additional tariffs would be imposed pursuant to Section 301 of the Trade Act of 1974 and would affect approximately $11 Billion in goods.  The USTR states that the tariffs are being contemplated in response to subsidies that the EU has provided to European aircraft manufacturer Airbus.  The tariffs are split between two “Annexes”: one annex covering...

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10 Apr
Chapter News, News

Monetary policy decisions form the ECB

10 April 2019 At today’s meeting the Governing Council of the European Central Bank (ECB) decided that the interest rate on the main refinancing operations and the interest rates on the marginal lending facility and the deposit facility will remain unchanged at 0.00%, 0.25% and -0.40% respectively. The Governing Council expects the key ECB interest rates to remain at their present levels at least through the end of 2019, and in any case for as long as necessary to ensure...

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10 Apr
Brexit News, Chapter News, News

‘No-deal’ Brexit preparedness: European Commission takes stock of preparations and provides practical guidance to ensure coordinated EU approach

Brussels, 10 April 2019 Ahead of the European Council (Article 50) today, the European Commission has taken stock of the European Union's intense ‘no-deal' preparations and has issued practical guidance to Member States in 5 areas. These areas include citizens' residence and social security entitlements, data protection, medicine and medical devices, police and judicial cooperation in criminal matters, and fisheries. The aim of today's guidance is to ensure the smooth practical implementation of EU and national contingency measures, if the United...

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10 Apr
Chapter News, News, Trade & TTIP Related

U.S. Readies $11 Billion in Tariffs on E.U.

By Ana Swanson | April 9, 2019 The United States and the European Union are preparing to impose tit-for-tat tariffs on each other’s products, the latest escalation in a 14-year fight over government aid given to Boeing and European rival Airbus. “The World Trade Organization finds that the European Union subsidies to Airbus has adversely impacted the United States, which will now put Tariffs on $11 Billion of E.U. products!” President Trump said in a tweet on Tuesday morning. “The E.U....

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