Author Archives: Stuart Malawer

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About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (Schar School of Public Policy).

Trade, Mercantilism and Cybersecurity — Better U.S. Legislation & Cooperation?

Posted on November 4, 2011 by Stuart Malawer

It’s been reported recently by the National Office of Counterintelligence that agencies and companies from Russia and China are conducting economic espionage and stealing U.S. corporate secrets. We’ve heard this story before. Trade secrets, technology and intellectual property are being … Continue reading →

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Limiting Extraterritoriality of U.S. Securities Law — Disincentive for Global Investors?

Posted on November 3, 2011 by Stuart Malawer

The Financial Times recently wrote glowingly of legal innovation. It claimed that lawyers were innovative because they were able to convince the Supreme Court last year to limit the application of federal fraud provisions in a case involving the purchase of a … Continue reading →

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Presidential Politics — Forget National Security, Isn’t it all about Jobs and the Domestic Economy?

Posted on November 1, 2011 by Stuart Malawer

The latest WSJ / NBC poll found that 61% of Americans approve of President Obama’s handling of national security. That’s the good news. The bad news is only 6% really care and believe that national security should be the top … Continue reading →

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Domestic Compromise and Competitive Globalism – Isn’t it Obvious?

Posted on October 30, 2011 by Stuart Malawer

I was at an event last week when former President Bill Clinton made a great point. As global competition becomes fiercer there is a need for greater political cooperation domestically within the United States. This cooperation between political parties is … Continue reading →

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Extraterritorial U.S. Economic Regulation and Prosecution — What’s the Impact? — Not Much?

Posted on October 26, 2011 by Stuart Malawer

What are the U.S. policy implications of extraterritorial application of U.S. economic legislation? Many pieces of U.S. economic legislation apply to operations and transactions of U.S. firms outside of the United States. They also apply to transactions of foreign corporation outside … Continue reading →

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Russia’s Accession to the WTO, Almost — It’s Long Overdue.

Posted on October 22, 2011 by Stuart Malawer

         With the EU’s favorable action this week and Moscow’s announcement of its plan to join the Information Technology Agreement, the Russian Federation’s accession to the WTO has moved forward significantly. It’s almost completed. Only the opposition of Georgia seems to be holding … Continue reading →

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Solar Panel Litigation & the Emerging Clean Energy Trade War — Good for Whom?

Posted on October 21, 2011 by Stuart Malawer

A new dumping / subsidies case was filed recently by American solar panel makers attacking China’s subsidies to its manufacturers. This filing with the International Trade Administration / U.S. International Trade Commission is a new skirmish in the emerging clean energy trade war … Continue reading →

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Foreign Investment and National Security – Restricting Huawei’s Contracts & Investments – Wrong Signal?

Posted on October 17, 2011 by Stuart Malawer

Various attempts to acquire business opportunities in the U.S. by the Chinese telecom company, Huawei, have been blocked by the federal government. These federal actions have been based upon national security concerns over technology transfer and cybersecurity.  Global mergers and foreign investment are … Continue reading →

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Three New Bilateral Trade Agreements — What’s the Real Impact? — Economic or Political?

Posted on October 13, 2011 by Stuart Malawer

Congress just passed the bilateral trade agreements with South Korea, Colombia and Panama. This is clearly a rare bipartisan act and a success for President Obama. But what is the real significance of these new free-trade agreements? Is it economic (read … Continue reading →

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Trade Remedy Actions — Which countries are the biggest users and biggest targets? — Some Surprises.

Posted on October 12, 2011 by Stuart Malawer

Which countries are the biggest users of trade remedy actions? Which countries are the most often targets of these investigations? What are the global trends in these cases? Here’s some very interesting data from the WTO concerning antidumping cases, countervailing … Continue reading →

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