International News: Focus on Mining and Metals - McDermott Will & Emery

International News: Focus on Mining and Metals



International News: Focus on Mining and Metals


China's New Trade Mark Law: Implications for International Brand Protection Strategy

Keeping current with changes to Chinese trade mark laws is critical for businesses that must protect and enforce trade mark rights in China. For the third time in 21 years, the Standing Committee of the National People’s Congress of the People’s Republic of China has revised the Chinese trade mark law.

Controlling Costs in International Arbitration

Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators experienced in a domain relevant to the disputes. In principle, arbitral awards are enforceable, with only limited grounds for objection, in more than 150 jurisdictions that have ratified the New York Convention on Recognition and Enforcement of Arbitral Awards of 1958.

Investors in Africa Benefit from Regional Trading Blocs

An investor new to Africa needs to understand not only the relevant local laws but also the applicable regional arrangements. Africa has multiple regional trading blocs, some of which provide significant advantages for investors.

Latin American Private Equity on the Rise

According to recent figures provided by the Latin American Private Equity and Venture Capital Association, 2013 was a record year for private equity in Latin America, with approximately US$8.9 billion of total investments (a six-year high and a 13 percent increase over 2012), US$5.5 billion of funds raised and US$3.7 billion in proceeds generated by exits. The data also show that the market is still dominated by Brazil (with 43 percent of funds raised and 68 percent of total amount invested), while Chile, Colombia, Mexico and Peru continue to experience increasing activity.

Protecting Your UK Business Against Departing Employees

Paul McGrath

Departing employees can represent a significant threat to a business. This is particularly so in the case of senior managers and employees who have access to confidential information or who exert influence over key relationships with actual or prospective customers, suppliers or key members of staff.

Understanding the COMESA Merger Control Regime

Matthieu Adam

The Common Market for Eastern and Southern Africa (COMESA) was formed in 1994 by a treaty among 19 African countries: Burundi, Comoros, the Democratic Republic of the Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi (where COMESA is based), Mauritius, Rwanda, Seychelles, Sudan, Swaziland, Uganda, Zambia and Zimbabwe. Its objective was to create a common market. COMESA has a wide range of priorities, but its primary focus is achieving regional economic integration.

Focus on Mining and Metals

Environmental Regulatory Developments Affecting Coal Mining in the United States

Jacob Hollinger

The United States has ample coal deposits, but mining companies and their investors must contend with a growing number of environmental regulations that might affect the value of the deposits.

Termination or Novation of Metal Hedges in M&A Transactions

Many metal producers and metal processors use a central hedging entity within their group to mitigate financial risks from price volatility. As part of a merger and acquisition (M&A) process, the seller usually aims to terminate contractual relationships with the sold company, and particularly to extinguish all liabilities connected with the company to the extent possible and practicable. This aim applies to metal producers and metal processors with hedging arrangements that have a group-internal hedging entity as counterparty.

US Metal Products Industries Must Still Rely on Import Relief to Protect Against Competitive Imports

David J. Levine | Raymond Paretzky

For many years, antidumping (AD) and countervailing duty (CVD) cases have provided legal means for domestic industries in many countries to obtain protection against low-priced and subsidised import competition. Although the annual number of US cases and the range of industries bringing actions have decreased significantly over the past decade, several metals and metal products industries continue to rely on these actions as means of combating imports.