White & Case
Our lawyers share their expertise through by-lined articles in leading legal, business and scholarly journals and through White & Case newsletters, updates and white papers.

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PDF The importance of culture in international arbitration: a personal experience
November 2014
Andrew de Lotbinière McDougall

The author seeks to demonstrate the importance of culture in international arbitration by reflecting on his own personal experience in the arbitration department of a large international firm. Culture plays a critical role in international arbitration as cases often involve clients from different countries. Moreover, fluency in different languages, familiarity of legal culture, as well as international experiences are essential elements for the formation of a successful practice group in international arbitration.
PDF Will the European Court force Germany to bid farewell to Orange Book?
November 26, 2014
Katarzyna Czapracka, Justus Herrlinger, Daniel Hoppe-Jänisch, James R.M. Killick, Mark D. Powell

The Advocate General's advisory Opinion in the Huawei v. ZTE FRAND Case (C-170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on Standard essential patents (SEPs). Germany has been known as a plaintiff's venue in patent cases for a long time. Not only do German courts practice the bifurcation of infringement and invalidity proceedings, they have usually also been rather reluctant to accept non-infringement related defenses against threatened injunctions. For cases involving SEPs, this structural preference of plaintiff's interests may have come to a sudden end if the ECJ follows its Advocate General.
PDF Iran sanctions suspension extended, and other EU sanctions news (Syria, Belarus, Serbia/Montenegro)
November 2014
EU Sanctions Team: James R.M. Killick, Sara Nordin, Genevra Forwood, Charlotte Van Haute, Fabienne Vermeeren

This alert summarizes certain recent EU sanctions developments with respect to Iran, Syria, Belarus, and Serbia/Montenegro.
PDF "Would You Like Joint-Employer Liability With That?" McDonald's Serves as a Cautionary Tale for Franchisors and Other Potential Joint Employers
November 2014
Carolyn J. Vardi, Tal Marnin

The risk that franchisors and other entities may be held liable as "joint employers" for the employment-related liabilities of their affiliated companies has become more stark and warrants their increased attention to respecting corporate formalities in dealing with affiliated companies.
PDF Implications of the 2014 Congressional Elections for US Trade Policy
November 2014
Scott S. Lincicome, Douglas Petersen, Brian Picone

The November 4, 2014 mid-term elections in the United States increased Congressional support for trade liberalization at a critical time for US trade policy. A new Republican majority in the Senate and an enlarged Republican majority in the House of Representatives likely will offer a more straightforward legislative path to the enactment of Trade Promotion Authority (TPA) in 2015, which in turn could spur the conclusion and Congressional approval of the Trans-Pacific Partnership (TPP) agreement. Significant obstacles to completing TPP exist, but enactment of TPA would ease Congressional consideration of the agreement and might aid in securing key concessions from negotiating partners. On the other hand, passage of TPA likely would not have a substantial, direct impact on the Transatlantic Trade and Investment Partnership (TTIP) because TTIP negotiations remain in their early stages and are encumbered by multiple contentious issues.