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Kate McNulty

Kate McNulty is a senior associate in the Washington office who helps clients navigate complex international trade and investment matters, providing legal and strategic advice to clients on global policy issues and geopolitical risks. She counsels companies, trade associations, and governments on the use of international treaties—including free trade agreements (FTAs), bilateral investment treaties (BITs), and the World Trade Organization (WTO)—to open markets and resolve disputes, also regularly advising clients on the negotiation and implementation of such agreements. She has represented corporate clients in both commercial and investment treaty arbitrations, including under ICSID, ICC, UNCITRAL, and ICDR rules, and also represents clients in proceedings before U.S. administrative bodies and U.S. courts, including in trade remedy proceedings (AD/CVD) and customs matters.

Kate also focuses her practice on U.S. anti-forced labor laws as well as business and human rights matters, advising clients on matters relating to the enforcement of Uyghur Forced Labor Prevention Act (UFLPA) and Withhold Release Orders (WROs). She helps clients develop and implement strategies to mitigate supply chain risks, including building compliance programs, developing due diligence procedures, and conducting risk assessments. She also advises clients on conducting human rights-related investigations and implementing related findings.

Kate also maintains an active pro bono practiced focused on international human rights, and her work includes representation of Radio Free Europe/Radio Liberty, the Clooney Foundation for Justice, the American Bar Association Center for Human Rights, and journalists wrongfully detained by foreign governments.

On October 4, 2021, U.S. Trade Representative Katherine Tai announced during a speech at the Center for Strategic and International Studies in Washington, D.C., that the United States would be launching a new trade strategy toward China.  Tai’s announcement comes on the heels of a months-long, comprehensive review of the
Continue Reading U.S. Trade Representative Previews New China Strategy

Because labor-related obligations in existing U.S. trade agreements are general and largely hortatory, few enforcement actions have been taken with regard to these obligations. The labor obligations in the Agreement between the United States of America, the United Mexican States and Canada (“USMCA” or “Agreement”), however, are specific and
Continue Reading Companies Should Understand USMCA’s Labor Obligations as They Are Significant and Likely to Be Enforced