23 Feb
Member News

U.S. Supreme Court Limits Patent Law’s Reach over Extraterritorial Infringement Liability

Today, in Life Technologies Corp. v. Promega Corp.,1 the U.S. Supreme Court unanimously held that supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under 35 U.S.C. § 271(f)(1). Chief Justice Roberts did not take part in the decision. Justice Alito, joined by Justice Thomas, filed a concurring opinion. General Background The Court's opinion arises from respondent Promega Corporation's suit alleging infringement by petitioner Life Technologies Corporation of a patent that claims...

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22 Feb
Chapter News, Trade & TTIP Related

EU Economic Outlook 2017

The European Commission today publishes its annual analysis of the economic and social situation in the Member States, including an assessment of remaining imbalances. It also publishes a report on the implementation of the Fiscal Compact, a report analysing the debt situation in Italy and a report, together with a proposal to the Council for a fine, on a case of misrepresentation of statistics in Austria. Member States are making headway in implementing the individual policy guidance they received last year...

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22 Feb
Member News

ECOFIN agreed on amendments to the ATAD regarding hybrid mismatches with third countries

On 21 February 2017, the Economic and Financial Affairs Council of the European Union agreed on a new proposal for a Council Directive (ATAD II) amending the so-called Anti-Tax Avoidance Directive (Directive (EU) 2016/1164 laying down rules against tax avoidance practices that directly affect the functioning of the internal market - ATAD). The main changes consist in the extension of the scope of the provisions on hybrid mismatches from European Union (EU) Member States (MS) to third countries in order...

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22 Feb
Member News

The FX Implications of a Border Adjustment Tax

There has been a lot of talk about the possibility of the Trump administration introducing some form of border tax. The result thus far has been a variety of proposals and a general lack of clarity. Trump has presented it as a way of restoring jobs to America and at the same time helping to pay for building the wall with Mexico, and has suggested a 20% tax on Mexican imports. However, this simple tariff increase is not the...

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22 Feb
Chapter News

Here’s How to Keep TTIP Alive

After fifteen rounds of negotiations with the United States on the Transatlantic Trade and Investment Partnership (TTIP) since 2013, European Union (EU) Trade Commissioner Cecilia Malmström said that the free-trade deal is likely to be “in the freezer” until the new US administration has figured out its position on transatlantic trade. US President Donald Trump’s administration is not bound by any progress made in the TTIP negotiations by the previous Obama administration. TTIP was removed from the official White House...

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22 Feb
Chapter News

U.S. Vice President Mike Pence Meets With EU Leaders

  On his first foreign trip as Vice President, Mike Pence met with European Council President Donald Tusk, European Commission President Jean-Claude Juncker, and EU High Representative/Vice President (HRVP) Federica Mogherini in Brussels on Monday following the Munich Security Conference. Vice President Pence reaffirmed U.S. commitment to cooperation and partnership with the EU and its desire to strengthen the EU-U.S. political and economic relationship. Read more about the visit   Compliments of the Delegation of the EU to the US

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22 Feb
Chapter News

EU welcomes entry into force of the WTO Trade Facilitation Agreement

The Trade Facilitation Agreement (TFA) – the most significant multilateral trade deal concluded since the establishment of the World Trade Organisation (WTO) in 1995 - enters into force today. The ratifications by Chad, Jordan, Oman and Rwanda today means the deal has reached the pre-determined threshold of 110 WTO members required for its immediate entry into force. This agreement aims to simplify and clarify international import and export procedures, customs formalities and transit requirements. It will make trade-related administration easier and...

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22 Feb
Chapter News

European Semester 2017: Winter Package explained

What does today's package include? Today, the Commission publishes: 27 Country Reports (for all Member States except Greece, which is subject to a stability support programme), including the In-Depth Reviews (IDRs) for 13 countries identified in the Alert Mechanism Report of last November a Chapeau Communication on the main findings and results of the Country Reports and IDRs a report on the implementation of the Fiscal Compact in national legal frameworks and an accompanying Communication "Fiscal Compact: Taking Stock" a...

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22 Feb
Member News

Employees, Political Advocacy and the NLRB – What Can an Employer Do?

In the first few weeks of the Trump Presidency, there have been numerous marches, protests and other forms of political advocacy expressing views both in support of and in opposition to the President’s various appointments, executive orders and other actions.  Employers concerned about protests potentially planned for the next few months and political advocacy in general understandably have questions surrounding how political demonstrations may affect their workplaces.  Several news articles and an event website have called for a “general strike”...

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21 Feb
Member News

EU Member States agree on rules to tackle hybrid mismatches between EU and non-EU countries

On 21 February 2017, the Council of the EU reached political agreement on amendments to the Anti-Tax Avoidance Directive (ATAD) to neutralise hybrid mismatch structures involving non-EU countries (ATAD 2). The ATAD contains rules combatting certain hybrid mismatches between Member States (MS). ATAD 2 extends the scope to (i) a variety of other mismatches between MS and (ii) mismatches between MS and third countries. The hybrid mismatch rules must be implemented into domestic law by 1 January 2020, one year later than was...

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