Pinsent Masons bolsters its Trade Group in Düsseldorf

Pinsent Masons continues to expand its Competition, EU & Trade Group, with the appointment of competition law specialist, Prof. Dr. Hans Jürgen Meyer-Lindemann, as a partner in the Düsseldorf office.

Regarded as one of the leading competition practitioners in Germany, he joins from Dechert, where he was a senior partner. Hans Jürgen’s focus will be on clients within the Advanced Manufacturing & Technology (AMT) sector, including Life Sciences.

Hans Jürgen’s work includes handling high-profile merger control cases before the European Commission and national competition authorities; major cartel investigations in a variety of industries; and numerous litigation matters concerning both public and private enforcement before local and district courts, Germany’s Federal Supreme Court and the European courts.

Commenting on Hans Jürgen’s appointment, Alan Davis, Head of Competition, EU & Trade at Pinsent Masons said: “We are delighted to welcome Hans Jürgen to the Competition, EU & Trade Group. Hans Jürgen will work closely with the Head of our German Competition Team, Michael Reich in Munich. His outstanding reputation, track record and wealth of experience in German and EU competition law significantly strengthens our pan-European competition law practice advising on complex merger and anti-trust cases.”

Head of the Advanced Manufacturing & Technology (AMT) sector, Florian von Baum added: “Across the AMT sector, we are seeing more disputes with a competition law background and Hans Jürgen’s expertise means that we can support our clients as their needs develop and change. His skillset, knowledge and experience will enable us to deepen our ability to offer high quality competition law advice across the sector and I look forward to working with Hans Jürgen.”

His appointment follows the appointment of Robert Vidal, formerly head of Taylor Wessing’s UK competition team, in the Competition, EU & Trade Group in London and brings the number of partners in the Group across the UK and Germany to nine. The team is currently advising on EU, UK and German antitrust enforcement investigations in the pharmaceutical, financial services, construction and manufacturing sectors, as well as mergers and market investigations. The team is also advising on a variety of competition litigation matters, including follow-on and stand alone damages claims.

Duane Morris bolsters international trade capabilities

Geoffrey M. Goodale has joined Duane Morris LLP as a partner in the firm’s Corporate Practice Group in the Washington, D.C., office. The addition of Goodale enhances the firm’s international trade capabilities. Prior to joining Duane Morris, Goodale was a partner at FisherBroyles, LLP.

“Geoff is a key addition to our Corporate Practice Group,” said Matthew A. Taylor, CEO and Chairman of Duane Morris. “His extensive experience in the significant and always-evolving area of international trade is a crucial advantage for our global clients.”

“Geoff’s practice brings a key component of strength to our clients as they run their businesses in an increasingly interconnected world,” said Brian P. Kerwin, chair of the firm’s Corporate Practice Group. “His experience will be invaluable to our clients as they navigate the intricacies of a global supply chain.”

“We’re excited to have Geoff join us in Washington, D.C.,” said Patrick D. McPherson, managing partner of the Duane Morris Washington, D.C., office. “He will be a great addition to our office and the firm.”

For over 17 years, Goodale has assisted U.S. and non-U.S. entities of all sizes and in many industries in achieving their international business objectives in cost-effective ways. His practice focuses on export controls, economic sanctions, import compliance, trade litigation, international intellectual property rights protection, foreign direct investment, cybersecurity, anti-corruption, and government contracting matters.

Goodale counsels companies on a wide range of issues relating to the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the International Traffic in Arms Regulations (ITAR) enforced by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), and the economic sanctions laws and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). Additionally, he conducts internal investigations and audits to assess compliance in these areas.

Goodale also advises clients on all aspects of compliance with U.S. import laws and regulations, including those relating to determining the proper classification, valuation and country of origin of merchandise. He regularly represents clients in matters involving U.S. Customs and Border Protection (CBP), including assisting clients in preparing for and undergoing CBP audits. He also assists clients in developing duty-savings strategies through the effective use of duty drawback, foreign trade zones and subzones, preferential duty programs, and free trade agreements, including the North American Free Trade Agreement (NAFTA) and the Dominican Republic Central America-United States Free Trade Agreement (CAFTA-DR).

Goodale’s experience also includes representing both U.S. and non-U.S. companies in all manner of anti-dumping duty and countervailing duty cases before the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), including investigations, administrative reviews, scope ruling requests and anti-circumvention proceedings, as well as in appeals of certain DOC and ITC decisions to the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. He also has represented complainants and respondents in trade-related intellectual property rights cases filed with the ITC under Section 337 of the Tariff Act of 1930, as amended, and appeals of certain such decisions to the CAFC.

Additionally, Goodale possesses extensive experience in advising clients on international mergers and acquisitions. With respect to acquisitions by foreign entities of U.S. companies, this experience includes, among other things: taking actions necessary to clear proposed deals through the Committee on Foreign Investment in the United States (CFIUS); filing required submissions with DDTC and/or BIS when export-controlled products and technologies are involved; and structuring transactions so as to mitigate foreign ownership, control or influence (FOCI) in a way that is acceptable to the Defense Security Service (DSS) in order for the U.S. company to maintain its Facility Security Clearance (FCL).

Goodale also provides compliance counseling to government contractors on a wide range of matters covered by the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). In addition, he provides counseling to clients relating to the Foreign Corrupt Practices Act (FCPA) and conducts internal investigations to ensure that clients comply with the requirements of the FCPA and other anti-bribery laws, such as the UK Bribery Act.

A long-standing and active member of the American Bar Association (ABA), Goodale currently serves as co-chair of the ABA Section of International Law’s National Security Committee and vice-chair of the ABA Intellectual Property Law Section’s Business and Trade Division. He also currently is the chair of the Virginia State Bar’s International Practice Section and co-chair of the D.C. Bar’s International Trade Committee.

Goodale is a graduate of the George Washington University Law School (J.D., 2001), where he was a Dean’s Fellow and a notes editor for the American Intellectual Property Law Association Quarterly Journal. Prior to obtaining his J.D., Goodale obtained a M.A. in Government and a B.A. in Russian Studies and Government (with honors) from the College of William and Mary.

About Duane Morris

Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 800 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries.

Trade Relations Championed by Investment Minister Visit

Trade is a basic economic concept involving the buying and selling of goods and services, with compensation paid by a buyer to a seller, or the exchange of goods or services between parties.

International Trade Minister Graham Stuart MP travels to China today, to bolster the trade relationship between the United Kingdom and China post-Brexit.

Beginning his visit in the Chinese capital Beijing, the Minister will meet with key representatives in the Chinese government in the Ministry of Commerce and officials at the Chinese National Development and Reform Commission, to promote the United Kingdom-China economic relationship and champion British business in the region.

While in China, he will meet with dozens of potential investors, hosting roundtables with Chinese life sciences, education, infrastructure and financial services businesses, to promote the strengths of the United Kingdom as an investment destination and encourage stronger trade ties between the two countries.

The visit will see Minister Stuart lead a 200-strong delegation of United Kingdom business leaders representing sectors such as tech, manufacturing, transport and education to the Smart China Expo in Chongqing , where he will champion the United Kingdom’s global leadership in smart technology, and attend the United Kingdom’s flagship pavilion at the Horticulture Expo in Beijing, where the United Kingdom is showcasing its leadership in clean energy and sustainable development.

The 10-day visit comes as trade and investment with China reaches record levels, bilateral trade between the 2 countries has more than doubled over the past 10 years, with the latest statistics showing trade has succeeded the £70bn mark for the first time during the last financial year.

Over the last decade, China has been the 3rd biggest contributor to the overall increase in British exports, beaten only by Germany and the United States.

The Minister’s visit follows on from the United Kingdom-China 10th Economic and Financial Dialogue which took place in London in June this year.

The EFD saw the former Chancellor, Philip Hammond, and Chinese Vice Premier, Hu Chunhua, launch the London-Shanghai Stock Connect UK, which allowed listed companies to sell their shares in China for the first time, alongside the announcement of £500 million worth of commercial deals and partnerships.

Minister Stuart’s visit is expected to secure a number of commercial deals and new partnerships between British and Chinese businesses.

European Union and Mercosur Reach Trade Agreement

The European Union is the first major partner to strike a trade pact with Mercosur, a bloc comprising Argentina, Brazil, Paraguay and Uruguay. The agreement concluded today will cover a population of 780 million and cement the close political and economic relations between the European Union and Mercosur countries.

It represents a clear commitment from both regions to rules based international trade and will give European companies an important head start into a market with an enormous economic potential. It will anchor important economic reforms and modernisation undergoing in Mercosur countries.

The agreement upholds the highest standards of food safety and consumer protection, as well as the precautionary principle for food safety and environmental rules and contains specific commitments on labour rights and environmental protection, including the implementation of the Paris climate agreement and related enforcement rules.

Mercosur countries will also put in place legal guarantees protecting from imitation 357 high-quality European food and drink products recognised as Geographical Indications, such as Tiroler Speck, Fromage de Herve, Münchener Bier, Comté, Prosciutto di Parma, Polska Wódka, Queijo S. Jorge, Tokaji or Jabugo.

The agreement will open up new business opportunities in Mercosur for European Union companies selling under government contracts, and to service suppliers in the information technology, telecommunications and transport sectors, among others.

It will simplify border checks, cut red tape and limit the use of export taxes by Mercosur countries. Smaller companies on both sides will also benefit thanks to a new online platform providing easy access to all relevant information.

While delivering significant economic benefits, the agreement also promotes high standards. The European Union and Mercosur commit to effectively implement the Paris Climate Agreement. A dedicated sustainable development chapter will cover issues such as sustainable management and conservation of forests, respect for labour rights and promotion of responsible business conduct.

It also offers civil society organisations an active role to overview the implementation of the agreement, including any human rights, social or environmental concerns. The agreement will also provide for a new forum to work closely together on a more sustainable approach to agriculture and, as part of the political dialogue under the Association Agreement, address the rights of indigenous communities.

The agreement also safeguards the European Union and Mercosur’s right to regulate in the public interest and preserves the right to organise public services in the way they consider appropriate.

European Union food safety standards will remain unchanged and all imports will have to comply with the European Union’s rigorous standards, as is the case today. The agreed food safety, and animal and plant health provisions will reinforce cooperation with the authorities of the partner countries and speed up the flow of information about any potential risks through a more direct and efficient information and notification system. In this way, the agreement will increase our efficiency in ensuring the safety of the products traded between the European Union and Mercosur countries.

The trade agreement reached today is part of a comprehensive new Association Agreement under negotiation between the European Union and Mercosur countries. It is composed of a political and cooperation pillar – on which negotiators already reached a general agreement in June 2018 in Montevideo – and the trade pillar.

Beyond trade, the agreement will enhance political dialogue and increase cooperation in areas such as migration, digital economy, research and education, human rights, including the rights of indigenous people, corporate and social responsibility, environment protection, ocean governance, as well as fight against terrorism, money laundering and cybercrime. It will also offer increased possibilities for cooperation at multilateral level.

The Association Agreement will complete the network of Association Agreements in the Americas and consolidate the relations with the important partners in the region, supporting European Union positions on many global issues.

United Kingdom Signs Agreement with South Korea

A trade agreement is a wide-ranging taxes, tariff and trade treaty that often includes investment guarantees. It exists when two or more countries agree on terms that help them trade with each other.

The United Kingdom has secured its first post-Brexit trade deal after signing an in-principle free trade agreement with South Korea. The agreement seeks to maintain existing trade arrangements with the country after Brexit.

A publication explains that there have been “concerns” that South Korean companies “may no longer enjoy the benefits” of current arrangements if the United Kingdom crashes out without a deal.

The United Kingdom and South Korea will largely maintain the trade terms that are in the current deal between Seoul and Brussels, which took effect in July 2011.

The Ministry of Trade, Industry and Energy said in a statement that the deal includes keeping zero-tariffs on South Korean exports such as auto parts and automobiles.

After the talks, Britain and South Korea also vowed to expand cooperation in emerging technologies such as hydrogen and nuclear energy.

The two countries plan to ratify the deal before October 31st, the new deadline for Brexit.

Although the United Kingdom is South Korea’s second-largest trading partner among the European Union members, it is its 18th-largest trading partner, accounting for less than 2% of South Korea’s overall trade.

Last year, South Korea’s exports to the United Kingdom were worth $6.36bn. The Asian country exports mostly cars and ships to Britain. Going the other way, the United Kingdom exports crude oil and automobiles to South Korea.

Griffith Business alumnus becomes Trade & Investment commissioner

Griffith Business School alumnus Julie-Anne Nichols has been announced as Queensland’s new Trade and Investment Commissioner for China.

Premier Annastacia Palaszczuk said Ms Nichols, who holds a Bachelor of International Business and a Graduate Diploma in Mandarin Chinese Language from the University, has exceptional experience as a leader and stakeholder liaison with the Asian business landscape that will serve her well in the key role.

“Ms Nichols has been the Queensland Trade and Investment Commissioner in Hong Kong since February 2017 and was previously the Senior Trade Commissioner for Austrade in Guangzhou and in Singapore, so her experience across Asia is outstanding,” Ms Palaszczuk said.

“She is well placed to represent Queensland’s interests in trade and investment across all industries and has an extensive knowledge of the Chinese market.”

Acting Pro Vice Chancellor (Business) Professor Fabrizio Carmignani congratulated Ms Nichols on her appointment, which will see her work to improve trade and investment ties between Queensland and China.

“We are proud to hear that one of our remarkable Griffith Business School alumni has climbed to such tremendous heights in the international trade and investment sector,” Professor Carmignani said.

“As a university with historically strong ties to the Asia region, it is deeply rewarding to see Julie-Anne living the Griffith value of engaging with our northern neighbours to achieve meaningful outcomes and impacts for the state of Queensland at large.

“We wish Julie-Anne all the best in her new and exciting role, and will be watching eagerly as she continues to move from strength to strength in her career.”

Ms Nichols has been a resident of China for a decade, during which time she has overseen several teams working across eastern China and north-east Asia.

One of her first duties, according to the state government, will be to oversee the 30th anniversary of the Queensland Government Sister-State Agreement with Shanghai Municipal Government, being commemorated this year.