Monthly Archives: April 2012

Global Taxation of High-Tech Firms — States, Federal Government and Foreign Countries are Losers.

Posted on April 29, 2012 by Stuart Malawer

Apple is the latest high-tech corporation targeted by the press for its aggressive tax strategies that leave states, the federal government and foreign countries with less tax payments than from traditional corporations such as Wal-Mart. Apple routes its transactions trough … Continue reading →

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Wal-Mart and Global Corporate Bribery — It’s about Our Values, Economic Development and U.S. Global Leadership.

Posted on April 27, 2012 by Stuart Malawer

  Wal-Mart is the latest multinational corporation now facing allegations of  illegal payments to foreign government officials. This raises issues of corporate responsibility, economic growth, our values, and U.S. global leadership. This case involves questionable corporate payments under both U.S. and … Continue reading →

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Wal-Mart and Foreign Corruption — Where is the Corporate Responsibility; Where is the Federal Prosecution?

Posted on April 22, 2012 by Stuart Malawer

Wal-Mart is the latest multinational corporation now facing allegations of  illegal payments to foreign government officials.  This case involves questionable corporate payments under both U.S. and Mexican law by Wal-Mart to help expand its stores in Mexico.  “Wal-Mart Covered Up Bribery, Report … Continue reading →

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New Model Bilateral Investment Treaty — Upholding International Law and Good for U.S. Firms.

Posted on April 22, 2012 by Stuart Malawer

The USTR released the revised 2012 model of the “Bilateral Investment Treaty.” This is the first revision since 2004 during the Bush administration. It builds on the traditional position of the U.S. toward investment treaties and builds upon it.  It … Continue reading →

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The Supreme Court and International Law — An Unclear Future …..

Posted on April 19, 2012 by Stuart Malawer

The Supreme Court ruled yesterday that the “Torture Victim Protection Act of 1991” only applies to individuals and not corporations. (Mohamad v. Palestinian Authority). This was based on the interpretation of the term “individuals.” This was a technical but a … Continue reading →

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Promoting Services and Protecting Intellectual Property Rights — Three Important Developments (TPP, Notorious Markets and ACTA).

Posted on April 18, 2012 by Stuart Malawer

The USTR Ron Kirk argues in the Wall Street Journal today that the Obama administration believes the service sector can do more business abroad. He argues that’s why the Trans-Pacific Partnership negotiations focuses on services and investment as its cornerstones. … Continue reading →

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U.S. Extraterritoriality and Corporate Governance and Global Transactions — More Aggressive U.S. Action.

Posted on April 12, 2012 by Stuart Malawer

Here’s a presentation and a PowerPoint I gave recently concerning the extraterritorial application of U.S. international economic legislation and regulation impacting a wide variety of  U.S. international transactions. Areas concern, foreign corruption, reexport controls, trade sanctions, foreign tax and banking disclosures, … Continue reading →

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Unilateral Action and Changing International Rules — Reagan and Obama — An Untold Story.

Posted on April 5, 2012 by Stuart Malawer

Recently gave a short presentation on Eric Holder’s legal defense of the Obama administration’s policies concerning military commissions and targeted killings. But my main point was how unilateral actions by the U.S. can help change outdated international law rules. In … Continue reading →

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Brazil — Currency Wars, Trade Disputes and Great Opportunity for U.S. Trade and Investment.

Posted on April 3, 2012 by Stuart Malawer

I’ve  recently returned from Brazil. Brazil has various trade disputes and currency issues with a number of countries. For Brazil the “currency wars” continue with the high valuation of its currency. Brazil continues to have issues with the United States concerning … Continue reading →

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