Cross-Border Regulatory Compliance INTERNATIONAL PRACTICES

Regularly handling cross-border compliance matters critical to our clients' global businesses.


Our experience covers a broad range of regulatory regimes, including customs and related trade regulations; information technology and telecommunications; data protection and information security; food, agribusiness and cosmetics; life sciences and healthcare; and outsourcing transactions. We provide a full spectrum of client services, including counseling, investigations, litigation and policy advocacy. Our representations frequently involve international rules and standards, such as those of the WTO and the Codex Alimentarius, in addition to domestic laws and regulations.

Experience

In the area of customs and trade, we have:

  • assisted a manufacturing company with a US Customs and Border Protection audit involving tariff classification issues and claimed exemptions from antidumping duties;
  • defended a manufacturing company in a US Customs and Border Protection investigation of potential underpayments of antidumping duties, where the investigation closed with no finding of underpayment and no penalties assessed; and
  • represented companies before the Office of the US Trade Representative and other agencies in petitioning the Generalized System of Preferences Subcommittee of the US Trade Policy Staff Committee to withdraw duty-free eligibility for competitors' products.

In the area of information technology and telecommunications, we have:

  • advised a leading PC manufacturer with respect to potentially onerous foreign government requirements to pre-install particular software;
  • advised a leading video game company regarding Chinese government threats to revoke licenses to operate; and
  • assisted a US telecommunications company in a successful effort to ease proposed Indian regulations, taken in the name of national security, that would have greatly impeded the ability to offer cross-border services.

In the area of cybersecurity, data protection and information security, we have:

  • counseled a global provider of outsourced human resources benefits management about compliance with European and international privacy and data transfer laws, including those applicable to sensitive (e.g., medical and financial) personal information; privacy and security obligations in connection with large-scale outsourcing; and security incident response and state and international breach notification obligations;
  • drafted corporate codes of conduct that respect European and international data protection obligations and allow appropriate US Sarbanes-Oxley Act oversight, including anonymous whistle-blowing; and
  • worked with various multinational businesses to develop privacy and security programs to comply with cross-border EU data protection requirements for transfer of customer and employee data and to obtain Safe Harbor certifications.

In the area of food, agribusiness and cosmetics, we have:

  • advised a leading seed producer on various EU and German regulatory issues relating to GMOs, and represented the company in litigation in Germany relating to allegedly dangerous GMO maize and relating to information claims brought by an NGO asking the client to disclose certain confidential data submitted in a GMO authorization procedure;
  • counseled clients on the consistency of proposed GMO approval regulations with WTO rules;
  • devised and implemented a US and China strategy for a major US agribusiness to successfully avert implementation of a proposed technical barrier to trade in China;
  • advised a leading integrated meat processor on dealing with an animal health crisis, including the development of a strategy to reintroduce imports of meat products from disease-free regions;
  • provided WTO and government relations advice to an industry association with respect to non-tariff barriers to fertilizer trade;
  • persuaded the European Union, on behalf of EU importers and foreign exporters, to abandon plans to change its import regime for an agricultural product; and
  • assisted the Philippine carrageenan industry and the Philippine government in reversing a change in the EU standards for this food additive that would have shut it out of the market.

In the area of life sciences and healthcare, we have:

  • represented a leading US medical device manufacturer in proceedings before the European Commission and Member State agencies with potential worldwide impact on standards for natural rubber latex used in surgical gloves; and
  • advised a major diversified consumer products company on a strategy to bring tooth whitening products to market and helping the company navigate the requirements of the EU's Cosmetics, Medical Devices and Medicinal Products Directives.

In the area of outsourcing, we have:

  • represented clients in more than 100 major outsourcing transactions in virtually every industry, giving us a particular depth of experience with legal compliance issues faced by regulated businesses and in cross-border outsourcing transactions involving multiple jurisdictions.