Top 10 Topics for Directors in 2017: Political Changes

Jan 4, 2017

Reading Time : 2 min

While Trump has issued statements about the sweeping changes that he intends to make in his first 100 days in office, he is limited in his ability to act unilaterally through executive orders alone. In many areas and ways, as a matter of U.S. law, regulatory changes will require a process of public notice and comment, pursuant to the Administrative Procedure Act, before they can be implemented. Still others will require congressional legislation to comply with established statutes that constrain the President’s power to act unilaterally.

Moreover, Trump’s transition team has identified several candidates to fill the open Cabinet positions. These selections provide insight into how the new administration will begin to implement its policies in the months ahead, including the extent to which Trump will pursue his policy positions stated during the campaign. (See the Akin Gump 2016 Postelection Regulatory Report for more details about possible regulatory changes in a number of areas, including antitrust, cybersecurity, energy and the environment, financial services/investment management and international trade.)

With respect to Brexit, in an uncertain world, British Prime Minister Theresa May offers a little certainty: “Brexit means Brexit”. Although it is clear that the United Kingdom will, very probably, leave the European Union (EU), there is no certainty as to when exactly this will happen, what the U.K.’s future relationship, if any, with the EU will be, or even what the opening position of the respective negotiators of the U.K. and the EU will be.

May has repeatedly stated that she will formally notify the EU of the U.K.’s intention to leave no later than March 31, 2017. This formal notification will trigger the now-infamous “Article 50,” which will commence a two-year negotiation between the U.K. and the EU as to the terms of the U.K.’s exit. If, as appears likely, the U.K. Supreme Court confirms in January that PM May cannot make this notification through the exercise of the royal prerogative— or executive power—her government will have to force enabling legislation through Parliament in order to meet this timetable.

Once the negotiations do begin, it is likely that a clearer picture will begin to emerge of what the future relationship between the U.K. and the EU might be. Issues at stake will be wide-ranging. For business, the most pressing is likely to be whether the U.K. will continue to participate in any meaningful way in the European single market and, assuming not, on what basis the trade in goods and services between the U.K. and the EU can be conducted. The answer to this question will begin to inform the answer to many others—for example, the application of EU competition law and financial services regulation in the U.K., the imposition of customs tariffs, the ability of European nationals to continue to live and work in the U.K., and the freedom of the U.K. to enter into trade agreements with other non-EU countries. As negotiations progress, boards will need to be quick to assess the likely shape of any deal between the U.K. and the EU and to consider how to adjust their business model to mitigate the threats and take advantage of the opportunities that may present themselves

View the full report here.

Share This Insight

Previous Entries

Trade Law

2023-01-26

At the end of last year, World Trade Organization (WTO) members agreed that the 13th Ministerial Conference (MC13) of the WTO will take place in Abu Dhabi, the capital of the United Arab Emirates (UAE), in February 2024. There is no doubt that the WTO is facing headwinds and is in need of a vigorous push forward. The UAE’s success in transforming itself into a global trade and digital hub and a leader in services trade could serve to drive a successful outcome at MC13.

...

Read More

Trade Law

2023-01-17

On December 21, 2022, the appeal arbitrators in the Colombia – Frozen Fries (DS591) World Trade Organization (WTO) dispute circulated their award (the “Award”). This was the second appeal conducted under Article 25 of the WTO’s Dispute Settlement Understanding (DSU) and the first appeal under the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), a framework created by a group of WTO members to overcome the challenges posed by the non-operational Appellate Body.

...

Read More

Trade Law

2022-02-10

The United Kingdom just issued a new statutory instrument, effective immediately, which extends the authority to designate persons and entities under the U.K. sanctions against Russia.

...

Read More

Trade Law

2020-06-10

We are pleased to share a recording of Akin Gump’s webinar, “Protecting the Crown Jewels - New U.K. National Security Rules for Foreign Investment in a Post-COVID-19, Post-Brexit World.

...

Read More

Trade Law

2020-05-07

The clock is ticking down to the entry into force of the United States-Mexico-Canada Agreement (USMCA) on July 1, 2020.  Leading up to that date, businesses have a unique advocacy opportunity to influence the implementing regulations and associated processes, such as legislative changes to Mexico’s domestic laws. Additionally, the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection (CBP), along with their Mexican and Canadian counterparts, have begun issuing guidance for the trade community seeking to obtain the benefits of the agreement. At this time, these guidance documents include a petition process for automakers to request alternative staging for the automotive rules of origin as well as general interim implementation instructions for USMCA entries. Still to come are regulations regarding the automotive labor value content requirements and Uniform Regulations regarding the customs provisions. Akin Gump and our partners at Dorantes Advisors in Mexico City have jointly developed brief summaries of these guidance documents and a timeline of key actions still to take place prior to entry into force. The materials are available here in both English and Spanish.

...

Read More

Trade Law

2020-03-02

Last week, in a highly anticipated decision, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) concluded that Section 232 of the Trade Expansion Act of 1962 does not offend the non-delegation doctrine. To most observers, the ruling does not come as a surprise, but the story on Section 232 and the non-delegation doctrine is not yet over.

...

Read More

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.