Category Archives: International

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New Rules Offer Clarity On China's Outbound M&A Crackdown

On August 18, 2017, China’s State Council issued guidelines clarifying rules passed a year ago by the State Administration of Foreign Exchange (SAFE) limiting outbound investments as cover-up to move money out of China.… Continue reading this entry

The Increasingly Popular Section 337

There are a number of ways in which U.S. manufacturers that believe they are being harmed by imports can seek protection. An increasingly popular tool to consider is filing a Section 337 proceeding at the International Trade Commission, which can be used to combat a wide variety of alleged unfair trade practices.… Continue reading this entry

Sustainability Reporting Trends in the New Year – ’16 going on ‘17

If you’re feeling uncertain or confused about the future of sustainability reporting in the United States, you’re not alone. With the business world’s adoption of sustainability reports moving full steam ahead—and increasing hunger for such information and transparency from global consumers and investors—the new Trump administration is going in a completely different direction. This blog … Continue reading this entry

NAFTA Under the New Trump Administration

The election of Mr. Trump as the President of the United States has created considerable uncertainty regarding the U.S. investment climate. Chief among these uncertainties is the status of the North American Free Trade Agreement (NAFTA), which President-Elect Trump repeatedly attacked for leading to the loss of U.S. manufacturing jobs. President-Elect Trump has vowed to renegotiate the … Continue reading this entry

Enjoy Your Labor Day!

The Manufacturing Industry Advisor team wishes you a safe and happy holiday weekend. We’ll be back to our regular posting soon. Thanks for your continued support of our blog!  … Continue reading this entry

The Brexit and Patent Law: What You Need to Know

Now that some time has passed since the Brexit vote, some of the ways in which the vote is likely to impact British patent law are becoming clearer. Here is a quick summary of some of the primary concerns. The UK Patents Act of 1977 The Brexit will not have direct impact the UK Patents … Continue reading this entry

Happy Thanksgiving from the Manufacturing Industry Advisor Team

During this week of Thanksgiving, the Manufacturing Industry Advisor team wishes to thank all of you for reading, contributing to, and sharing our blog. Since this is a busy time of year for everyone, some of you might have missed a post or two over the last few weeks. For your convenience, linked below are some of our most recent and popular posts. … Continue reading this entry

Common FCPA Issues

As our previous posts illustrate, violations of the Foreign Corrupt Practices Act (“FCPA”) can carry a hefty cost. Two issues are commonly the impetus for FCPA violations and, practically speaking, pose significant FCPA compliance challenges. Manufacturers which conduct international business should be particularly sensitive to (1) providing gifts, meals, and entertainment to potential and existing customers, … Continue reading this entry

Looking Back and Looking Forward on Manufacturing Day

Happy Manufacturing Day! On the first Friday of October, we celebrate advances in modern manufacturing while inspiring future generations of manufacturers. Click here to find an MFG event near you.… Continue reading this entry

The High Cost of an FCPA Violation

Violations of the Foreign Corrupt Practices Act (“FCPA”) can lead to hefty penalties. Indeed, individuals who violate the FCPA, and their employers, could be on the hook for a variety of penalties described below. Companies need to be aware of these potential consequences in order to appropriately perform risk-based analyses and determine what level of … Continue reading this entry

“Forewarned Is Forearmed” - The Rise of Chinese Data-Flow Restrictions

Manufacturers with operations, employees, and/or customers in China must be aware of a long list of China-specific data-flow and content restrictions. Data-flow restrictions in particular affect manufacturers employing or launching mobile apps and other IT initiatives, both internal and external. Manufacturers must be very sensitive to China’s rules and guidelines restricting data flow, as these … Continue reading this entry

China Proposes New Restriction of Hazardous Substance (“RoHS”) Requirements for Electronics Manufacturers

Do you manufacture electrical and electronic products, parts or components? Do you manage manufacturing design for such products? Do you oversee Chinese suppliers manufacturing such products? If so, you need to follow Restriction of Hazardous Substance (RoHS) developments closely for possible future changes to product content restrictions in China. Earlier this week, on May 18, 2015, … Continue reading this entry

Making the FCPA “Reasonable”— Exceptions and Affirmative Defenses

So, we have covered the Foreign Corrupt Practices Act’s (FCPA) scope, but the FCPA anti-bribery provisions also contain certain exceptions and affirmative defenses. These exceptions and affirmative defenses attempt to carve out legitimate payments to foreign officials, so the FCPA does not unreasonably hamper international business. Be wary, however, because prosecutors narrowly interpret these exceptions … Continue reading this entry

Peeking Behind the Curtain: Macroeconomic Insight Into Manufacturing

Last week, Dr. Chad Moutray, Chief Economist for the National Association of Manufacturers (“NAM”), visited Foley & Lardner’s Chicago office and shared a macroeconomic update on the manufacturing industry. His comments and charts (he’s an economist, of course he had charts) provided insight into the current state and bright future of American manufacturing. NAM’s membership … Continue reading this entry

The FCPA Mandate in a Nutshell

Manage Your Risks Along the Supply Chain While Obtaining All You Want
The consequences of an investigation into bribery allegations can be tricky for any manufacturing company, so it’s important to understand the U.S. anti-bribery provisions. As discussed in our Foreign Corrupt Practices Act (“FCPA”) overview, manufacturers participating in international business must be mindful of this federal law. Though many are aware of the FCPA, some do … Continue reading this entry

The Foreign Corrupt Practices Act: A Pitfall in International Trade

The Foreign Corrupt Practices Act (“FCPA”) should be top of mind for any manufacturer conducting or considering international business. Indeed, any doubts that the government was still interested in investigating and prosecuting companies and individuals for violations of the FCPA were put to rest in 2014. This is so because government enforcement authorities disclosed two … Continue reading this entry

Trends in Chinese Regulation for Manufacturers to Watch in 2015

In China, there are an overwhelming number of measures to govern almost all aspects of the process of manufacturing a product, bringing that product to market, and maintaining that product’s integrity and competitiveness in the marketplace. However, the application of these laws varies significantly across agencies, subject matters and internal jurisdictions.… Continue reading this entry

2015 Regulatory Challenges Burdening Manufacturers

Public-Private Manufacturing Innovation Institutes Announced
As we roll into the new year, this edition of the Manufacturing Industry Advisor takes a look at some of the key regulatory issues that manufacturers will be facing in 2015. Based on recent discussions with key legislative and industry association figures in D.C., below we provide a summary on how the following regulatory areas … Continue reading this entry

2014: An Exciting and Challenging Time for American Manufacturing

2014, the Manufacturing Industry Advisor’s inaugural year, marked an exciting but challenging time for American manufacturers. In our final blog post for the year, we will highlight some of the trends and developments we noted in 2014, with links to our earlier observations. Here, at Foley & Lardner, we aim to do more than monitor … Continue reading this entry

Happy Thanksgiving from the Manufacturing Industry Advisor Team

During this week of Thanksgiving, the Manufacturing Industry Advisor team wishes to thank all of you for reading, contributing to, and sharing our blog. Since this is a busy time of year for everyone, some of you might have missed a post or two over the last few weeks. For your convenience, linked below are some of our most recent and popular posts. … Continue reading this entry

Localized Barriers to Trade: What They Are and How They Harm Our Economy

Localized Barriers to Trade (LBTs) are an increasingly common phenomenon across the globe. Such barriers hurt job creation, impede growth, and limit economic opportunities. What does this mean for manufacturers in the United States? Already faced with traditional trade and investment restrictions such as tariffs, manufacturers now must face additional challenges from forced localization, intellectual … Continue reading this entry

Recognizing Leaders in Manufacturing

This month we salute two organizations for raising the profile of leaders in the manufacturing industry. First is the Manufacturing Institute for presenting the 2015 STEP Awards. We encourage readers to nominate a peer or colleague for this prestigious national award. The STEP Awards honor women who have demonstrated excellence and leadership at all levels … Continue reading this entry

China’s Pollution Woes Trigger a New Environment for Manufacturers in China

China presents foreign manufacturers with many paradoxes. The most modern of manufacturing operations can exist nearby the most backward. Thousands of quality assurance, hygiene, energy conservation and other regulatory standards are in place, but access to, enforcement and interpretation of these standards is inconsistent. Environmental pollution is worsening in a number of areas to the point of … Continue reading this entry

Funds Investing in U.S. Manufacturing Companies: Foreign Investor Considerations

Operators of manufacturing companies, especially those considering a sale or capital raise, should understand investors’ concerns regarding direct investment. Today, investment funds with investors and investments in multiple jurisdictions constitute a large part of the U.S. manufacturing direct investment landscape. However, tax challenges exist for these fund managers and investors. The tax treatment of foreign … Continue reading this entry