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Trade & Procurement
Recent changes
Corteva v. Inari Agriculture - Seed-Biotechnology IP Dispute
The US District Court for the District of Delaware issued an opinion in Corteva Agriscience LLC v. Inari Agriculture, Inc. (Case No. 23-1059), resolving two motions related to a seed-biotechnology intellectual property dispute. The court ruled in favor of Corteva, denying Inari's motion for leave to amend its answer and counterclaims.
Delaware Court of Chancery Denies Motion to Amend Complaint
The Delaware Court of Chancery denied a motion to amend a complaint in the In re Saama Technologies Litigation (C.A. No. 2022-1045-LWW). The plaintiff sought to add claims for fraud and aiding and abetting shortly before a trial was set to begin.
UK Securitisation Proposals Diverge from EU Position
The UK's Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have released consultation papers proposing reforms to the UK securitisation framework. These proposals aim to liberalise due diligence obligations and align with international, particularly US, market practices, diverging from the EU's approach.
FinCEN and OFAC Intensify Efforts Targeting Mexican Cartel Money Laundering
FinCEN and OFAC are intensifying efforts against Mexican cartel money laundering, targeting over 100 US Money Services Businesses (MSBs) along the southwest border. Recent actions include sanctions against individuals and entities linked to the Hysa Organized Crime Group and proposed rulemaking to identify certain Mexican gambling transactions as primary money laundering concerns.
Gulf Conflict Impacts Global Oil and LNG Markets
Vinson & Elkins LLP published a notice on March 2, 2026, detailing the potential impacts of the Gulf conflict on global oil and LNG markets. The analysis highlights how the duration and intensity of hostilities could affect crude prices, contractual performance, and supply chain stability for energy companies.
Europe's Phaseout of Russian Gas by 2027 and Contractual Risks
Europe is mandating the phaseout of Russian gas imports by 2027, creating significant market and contractual risks for energy companies. The guidance outlines the policy shift, its impact on gas and LNG contracting, and strategies for managing increased contractual risk due to compressed timelines and geopolitical pressures.
Russia/Ukraine Sanctions Update - February 2026
The U.S. OFAC issued an amended General License 131C extending certain transactions related to Lukoil International GmbH through April 1, 2026, and updated related FAQs. The EU also extended its sanctions against Russia until February 24, 2027, and added eight individuals to its sanctions list.
IRS Guidance on Prohibited Foreign Entity Safe Harbors for Clean Energy Tax Credits
The IRS and Treasury released Notice 2026-15 providing interim guidance on calculating material assistance from prohibited foreign entities for clean energy tax credits under Sections 45Y, 48E, and 45X. The notice outlines a four-step process for determining the Material Assistance Cost Ratio (MACR) and offers certain safe harbors.
SEC Adopts Final Rules for Holding Foreign Insiders Accountable Act
The SEC has adopted final rules implementing the Holding Foreign Insiders Accountable Act. These rules require directors and officers of foreign private issuers to electronically disclose their equity holdings and transactions in their company's securities starting March 18, 2026.
EU Commission Publishes Foreign Subsidies Regulation Guidelines
The European Commission has published new guidelines on the application of the Foreign Subsidies Regulation (FSR). These guidelines clarify criteria for assessing distortive foreign subsidies, outline a balancing test for negative versus positive effects, and detail the Commission's power to request prior notification of below-threshold cases.
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