Marney Cheek

Marney Cheek

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USTR Finds China’s IP Practices Cause at Least $50 Billion in Harm: Proposed Tariffs and Investment Restrictions Ratchet Up U.S.-China Trade Tensions

March 22, 2018 Earlier today, the administration announced its findings that China’s theft of U.S. technologies and intellectual property (“IP”) have caused at least $50 billion in harm to the U.S. economy per year. In response, President Trump issued an order announcing its intent to impose additional tariffs on Chinese imports, curtail Chinese investment in … Continue Reading

Next Up: Section 301: Companies and Global Markets Should Prepare for the Risk of Rising U.S.-China Trade Tensions

Following the recent U.S. announcement of tariffs on steel and aluminum imports under Section 232 of the Trade Expansion Act of 1962, the United States is now poised to implement trade sanctions against China stemming from an investigation of that country’s intellectual property (“IP”) practices. Such sanctions, which could include significant and maybe even unprecedented … Continue Reading

Re-Opening NAFTA: Consequences for U.S. Businesses

President-elect Donald Trump made trade policy a key issue in his campaign and has declared his interest in either withdrawing from or renegotiating the North American Free Trade Agreement (NAFTA). Government officials from Mexico and Canada have publicly stated that their respective governments are open to renegotiating the treaty. As a result, companies that do … Continue Reading

What’s New in the TPP’s Intellectual Property Chapter

Note: This post is the third in a series of posts on the final text of the Trans-Pacific Partnership (TPP) by Covington’s International and Public Policy lawyers.  The final TPP text, which was released on November 5, 2015, is available here.  TPP is not expected to enter into force until at least 2016, with the … Continue Reading

The Trans-Pacific Partnership Investment Chapter: Maintaining Important Protections for U.S. Investors Overseas

Note: This post is the second in a series of posts on the final text of the Trans-Pacific Partnership (TPP) by Covington’s International and Public Policy lawyers.  The final TPP text, which was released on November 5, 2015, is available here.  TPP is not expected to enter into force until at least 2016, with the timeline … Continue Reading

India’s Investment Treaties – Will the Government Reject a Core Standard of Investment Protection?

Almost all of the more than 3,000 bilateral investment treaties (BITs) in existence offer foreign investors the protection of “fair and equitable treatment” under international law.  India’s new draft model BIT does not.  In place of the well-established standard of protection, which has been interpreted and applied in hundreds of prior investment arbitrations, the model … Continue Reading

Congress: Don’t dismiss neutral dispute settlement for US investors

Recent calls by anti-trade groups to abandon investor-state arbitration (often referred to as “investor-state dispute settlement,” or ISDS) ignore the modern reality of the global economy and conjure images of Chicken Little’s warnings that the sky is falling. Investment flows exceeded $1.45 trillion globally in 2013. Of the billions of dollars in cross-border investments in … Continue Reading

A Critical Opportunity to Promote Gold Standard Investment Protections

The United States and the European Union are currently negotiating a comprehensive, high standard trade agreement.  Launched in 2013, the Transatlantic Trade and Investment Partnership (TTIP) seeks to unlock economic growth by further opening the US and EU markets, addressing regulatory barriers that result in significant costs to companies operating or seeking to operate on … Continue Reading

Why A U.S.-China Bilateral Investment Treaty Matters

This post originally appeared on Investment Policy Central. A U.S.-China bilateral investment treaty (BIT) will serve as the cornerstone for the bilateral economic relationship between these two economic powerhouses for years to come.  It puts in place important rules that protect U.S. investors against discrimination and arbitrary treatment, with the United States promising the same … Continue Reading
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