2018 International Trade and Global Compliance Seminar

Events / Thursday, May 10, 2018

On Thursday, May 10, BakerHostetler hosted its annual International Trade and Global Compliance Seminar in Houston, Texas.

This seminar focused on recent trade and compliance issues facing the energy, healthcare, aerospace and defense, real estate, technology, telecommunications, financial, transportation, logistics, and manufacturing industries.

Audio recordings for the following presentations are available below.

Increased Use of the False Claims Act in Customs Enforcement Cases, by Matthew W. Caligur and Casey E. Holder

Use of the False Claims Act (FCA) to pursue fraudulent avoidance of customs duties and other import charges is increasing, and could even affect companies with robust compliance programs. Recent enforcement actions and court decisions indicate an increase in liability and potential penalties for U.S. importers. The government and individuals may bring actions under the FCA, which allows for treble damages and penalties, in addition to allowing a private party to receive a share of up to 30 percent of any recovery. Partner Matt Caligur and Associate Casey Holder discuss the important steps that importers can take to mitigate the risks of or defend against an FCA claim.

The Trump Administration’s Remake of American Trade Policy, by Mark B. Lehnardt

The Trump Administration is increasingly using instruments of U.S. trade law to investigate, limit and tariff certain imports that threaten domestic industry or national security. In February 2018, the Department of Commerce released reports on the impact of steel and aluminum imports on national security, based primarily on concerns about China. The investigation was initiated pursuant to Section 232 of the Trade Expansion Act, which provides general instructions to Commerce and the president, leaving much room for interpretation. The U.S. Trade Representative initiated a separate investigation under Section 301 of the Trade Expansion Act, involving Chinese trade practices related to technology transfer rules and allegations of cyber-enabled theft of U.S. intellectual property. Partner Mark Lehnardt discusses the administration’s trade strategy in employing these and other infrequently used enforcement tools to protect American interests, and their impact on trade and investment.

Export Controls and Economic Sanctions Update, by John J. Burke

Recent proposed legislation, including the Export Control Reform Act of 2018 (ECRA), a bipartisan bill intended to modernize the U.S. dual use export control regime while ensuring that sensitive U.S. technology is not provided to end users or for end uses of concern, as well as continual updates to U.S. sanctions regimes, have ensured that export controls and sanctions remain a priority under the Trump administration. In this program, Partner John Burke discusses the state of U.S. export controls and economic sanctions under the Trump administration, as well as the trends and forecast for impending changes.

Trade Compliance Due Diligence and the Importance of the CFIUS Process in Mergers and Acquisitions, by Lana Muranovic

In this presentation, Associate Lana Muranovic addresses the importance of purchasers developing robust due diligence processes to identify international trade and compliance issues with target companies. Lana focuses on key drafting guidelines in merger and acquisition contractual provisions, from both the purchaser’s and seller’s perspectives. In addition, she provides an update on recent actions of the Committee on Foreign Investment in the U.S. (CFIUS), the government panel that reviews potential investments for national security risks; proposed legislation that would increase government scrutiny of foreign investments in the United States; and how CFIUS can stall or even kill a deal between a foreign investor and a U.S. business.

General Data Protection Regulation Compliance Update, by Gerald J. Ferguson

Partner Gerald Ferguson discusses the wide range of legal issues in-house counsel and compliance professionals are likely to encounter as they prepare to manage compliance with the European Union’s new General Data Protection Regulation (GDPR) on May 25, 2018. The discussion includes an overview of the GDPR’s requirements, best practices for reviewing existing privacy and security compliance policies and practices, and designing a workable action plan for GDPR compliance.

CLE and presentation materials:

For questions regarding CLE or to request a copy of the presentation materials, please contact Cassie Blaine at