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Member News
Member News
15
Dec
In this week’s Roar: Record global container volumes, China warns of tariff harm, global trade resilience in 2025, dropping diesel prices, and leadership in the supply chain.
Despite plummeting US imports in 2025, global container volumes set new records as China’s exports surged to new highs by redirecting cargo to Europe, Intra-Asia, and emerging markets. Trade flows didn’t sink, they shifted. US-bound shipments fell nearly 30%, but soaring exports to the EU, Australia, and ASEAN offset any loss. The result? It could...
12
Dec
Executive Summary
Foreign investors entering the U.S. market face compressed timelines, intense competition, and exacting diligence. Intellectual property — patents, trademarks, trade secrets, and copyrights — is a core asset of a foreign investor’s business in the U.S. that increases valuation of the U.S. entity. Yet, many foreign investors prioritize setting up a U.S. entity or other structures, selecting the physical location of a U.S. office or manufacturing site, or applying for work visas or handling other immigration matters over...
12
Dec
On 2 December 2025, the EU reached an agreement on anticorruption rules to harmonise the approach taken across all Member States. This agreement forms the foundation of a future EU Directive.
Luxembourg is among the countries perceived as the least corrupt according to Transparency International (score of 81/100, ranking 5th in the world in 2024) and has ratified the main international conventions (UN, OECD, Council of Europe). However, behind these reassuring indicators, weaknesses persist as national legislation remains fragmented and is...
11
Dec
On December 2, 2025, the Court of Justice of the EU (CJEU) in X v Russmedia Digital SRL (C-492/23), ruled that the operator of an online marketplace, as a data controller, is responsible for the processing of personal data contained in advertisements published on its platform, and cannot rely on the hosting liability safe harbor to avoid responsibility for General Data Protection Regulation (GDPR) infringements arising from unlawful processing.
The decision departs from long-standing case law on the liability of hosting service...
11
Dec
What happened?
Treasury and the IRS on December 4 issued three Notices—2025-75, 2025-77, and 2025-78—providing early guidance on several international tax provisions enacted as part of the One Big Beautiful Bill Act (the Act or OBBBA).
Notice 2025-75 announces the intent to issue proposed regulations implementing the transition rule under Section 70354(c)(2) of the Act. The transition rule affects how Section 951(a)(2)(B) reductions apply for certain dividends paid by controlled foreign corporations (CFCs) in tax years beginning before January 1, 2026.
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10
Dec
The big news in the mergers and acquisitions world late last week was Netflix Inc.'s agreement to buy Warner Bros. Discovery Inc. in a deal valued at $82.7 billion.
The acquisition would create an entertainment behemoth, if it passes regulatory muster. Netflix would come to own the Sopranos, Big Bang Theory, and Game of Thrones franchises. More importantly to those in the commercial real estate world, it would assume Warner's studio movie-making chops. And that’s where the potential headaches come up.
Warner has been among...
10
Dec
Artificial intelligence (AI) has dramatically expanded the toolkit available for reverse engineering, and in-house counsel might wish to take note. Reverse engineering is the process of discovering otherwise nonpublic information about a product by examining the public-facing product. Reverse engineering has always presented a risk, but rapidly-evolving technology is expanding the scope of what can be reverse-engineered. Now, AI enables reverse engineering in previously-impossible ways. What once required specialized expertise and significant time investment can now be accomplished in...
09
Dec
As we await a Supreme Court ruling on the validity of the tariffs, the Court of International Trade is seeing a wave of protective lawsuits.
A growing number of companies — following the lead of Costco — are filing protective lawsuits in the U.S. Court of International Trade (CIT) to preserve their right to refunds if the Supreme Court strikes down the Trump administration's emergency-based tariffs.
If your company paid tariffs International Emergency Economic Powers Act (IEEPA) in 2025, you should...
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