International CLE

Customs and International Trade Law is the intersection of national sovereignty and international commerce. Fueled by economic concerns, national interests and arcane peculiarities, customs law can be an interesting minefield for companies to navigate. You don’t need to be an expert in customs law to serve your clients—but you should be aware of basic principles and be able to identify potential compliance problems and cost-saving opportunities.

Have you ever thought about what is stored in your mobile phone, smartwatch, or laptop when you travel, and who can access that information? This course will address the current state of the law governing searches of international travelers’ electronic devices at the U.S. border. The course will then discuss the changing legal landscape in light of technological advancements in the amount of digital data that people carry with them when they travel.

COVID has fundamentally transformed employer/employee relationships worldwide. Now, as we emerge from the pandemic―or as COVID becomes endemic―employers are reversing, undoing or altering their height-of-the-pandemic approach to telecommuting. Of course, multinationals have lots of questions about the global transition back to the physical work site: ∙ Should employees returning to physical worksites be able to telecommute more than pre-pandemic? ∙ How can an employer revamp or relax height-of-the-pandemic workplace safety precautions―vaccine screening, mask mandates, exposure notifications and the like? ∙ What communications should an employer make, to convince staff that the workplace is safe? ∙ And: How does a multinational employer align its return-to-worksite initiatives across borders? This fast-paced session offers a multinational employer global strategies for getting staff back to the workplace post-pandemic, or during a COVID endemic.

On November 27, 2019, the European Union enacted a new directive on the protection of whistleblowers. This Directive, titled Directive 2019/1937 on the protection of persons who report breaches of Union law, requires E.U. Member States to significantly reinforce legal protections for whistleblowers. Its provisions—which are widely considered the most whistleblower-friendly in the world—include broad anti-retaliation protections as well as reinforced compliance obligations for employers. The Directive is currently being implemented across E.U. Member States, with certain countries having already adopted national whistleblower legislation pursuant to the Directive, and other Member States in the process of adopting such legislation. This program will review the E.U. Whistleblower Directive and provide a snapshot of Member State legislation to date. The program also highlights best practices that employers with European operations can put in place to ensure compliance with the Directive and Member State legislation.

This course introduces American lawyers to trade secret protections in the European Union. Trade secrets—broadly defined under E.U. law as information that derives commercial value from its secrecy, and for which reasonable protections have been taken by the holder to preserve that secrecy—have, since 2018, benefited from a uniform set of protections across E.U. Member States. This is thanks to a European Directive, “Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.” The present course will discuss the Directive’s origins, it scope and purpose, and the primary exceptions to trade secret protections in the E.U.

Conducting a thorough, effective and legally compliant internal investigation is tough enough when the investigation is confined to the United States. A multinational that needs to investigate possible wrongdoing internationally faces a whole other world of legal challenges. This fast-paced session offers approaches and strategies for conducting legally compliant internal investigations worldwide.

This presentation will discuss the causes of the current supply chain logjams, put them into historical context, and discuss some of the ways forward to help attendees better deal with supply chain partners, solve problems expeditiously, and be knowledgeable about commercial rights and responsibilities.

Section 337 investigations at the U.S. International Trade Commission (ITC) provide a fast and efficient forum to assert your intellectual property against imported goods. A successful ITC complaint can quickly lead to the ITC blocking future imports of infringing products, protecting market share, and stopping unfair competition. Because Section 337 investigations differ substantially from federal district court actions, success requires a nuanced understanding of the ITC’s unique requirements and procedures. In this course, Mr. Riley explains how to file a complaint at the ITC and examines the wide array of possible causes of action, including patent infringement, trade secret misappropriation, unfair competition, and breach of contract. Mr. Riley also discusses how to best utilize the ITC’s procedure and discovery rules to strategic advantage.

In international arbitration practice, it is common to see parties from various cultural backgrounds and a globalized pool of legal talent acting as counsel and arbitrators. The interaction between different cultural and legal approaches does not come without challenges. It may become difficult for practitioners to understand which ethical rules and guidelines are relevant and how they may apply. Indeed, over the past decade, the role of ethical rules, professional best practices, and other guiding principles has become a hotly debated topic for international arbitration practitioners.

This program provides U.S. licensed practicing lawyers with foundational guidance in these areas. It introduces international arbitration and the unique ethical challenges that a globalized practice may present. Then, it covers the mandatory ethical rules and recommended best practices that may guide practitioners through various pitfalls and challenges. Finally, it engages with how these guidelines might improve and support a forum for dispute resolution built on the concepts of neutrality, party autonomy, and procedural flexibility.