International Trade

  • March 27, 2015

    Cresta Urges ITC Review In TV Tuner Infringement Dispute

    Cresta Technology Corp. on Thursday filed a public version of its U.S. International Trade Commission petition urging review of a decision finding Samsung Electronics Co. Ltd. and other TV manufacturers did not infringe two of its silicon TV tuner patents.

  • March 27, 2015

    Hogan Lovells Fights To Exit Taishan Drywall Litigation

    Hogan Lovells and Stanley Reuter Ross Thornton & Alford LLC, former counsel to Taishan Gypsum Co. Ltd. and its affiliates, fought Thursday to exit the multidistrict litigation over defective drywall, despite the plaintiffs arguments that the firms should stay in the litigation to answer questions about Taishan's conduct.

  • March 27, 2015

    ITC Launches Investigation Of Lithium-Ion Battery Materials

    The U.S. International Trade Commission has announced an investigation into claims that certain lithium metal oxide cathode materials and lithium metal-ion batteries used in power tools infringe patents asserted by BASF Corp. and UChicago Argonne LLC.

  • March 27, 2015

    US Prods China On Murky Banking Sector Rules At WTO

    After much cajoling from a litany of business groups, the U.S. government has begun pressing China to shed more light on the controversial rules placing restrictions the use of foreign technology in its banking sector, according to a World Trade Organization document circulated Thursday.

  • March 27, 2015

    Steel Execs Urge Congress To Act On ‘Illegal Trade Practices’

    Executives from the nation’s largest steel companies on Thursday urged Congress to take action against "illegal trade practices" threatening the domestic steel industry, saying the government must improve its policies on trade, workforce investment and infrastructure to ensure continued competitiveness.

  • March 27, 2015

    South Korea Backs Chinese-Led Development Bank

    South Korea has become the latest country, and one of the first major regional players, to sign onto China’s Asian Infrastructure Investment Bank, with the nation’s Ministry of Strategy and Finance announcing Friday its intention to become a founding member of the development bank.

  • March 27, 2015

    Former Broker-Dealer Execs Get 4 Years Each In FCPA Case

    Direct Access Partners LLC's former CEO Benito Chinea and former managing director Joseph Demeneses got four years in prison each on Friday for a $60 million Venezuelan bank bribery scheme — sentences said to be the longest yet for Foreign Corrupt Practices Act violations in the Second Circuit.

  • March 26, 2015

    Ex-Commerce Chiefs Want Fast-Track Without Currency Rules

    A bipartisan group of former U.S. secretaries of commerce on Wednesday pressed Congress to sign off on the fast-track model of approving U.S. trade agreements, echoing top Obama administration members who want to avoid tying anti-currency manipulation measures to trade deals.

  • March 26, 2015

    TPP Leak Fallout Previews Investor Arbitration Fight To Come

    The leak of a confidential Trans-Pacific Partnership text comes amid a rancorous public debate over a provision allowing investors to arbitrate grievances directly against foreign governments, a development that has spurred each side of the fight to dig in its heels as the 12-nation pact nears the finish line.

  • March 26, 2015

    K&L Gates Adds Financial Services Partner From CFPB

    K&L Gates LLP has hired the Consumer Financial Protection Bureau's former deputy enforcement director for litigation as a partner in the firm's consumer financial services practice in Washington, D.C.

  • March 26, 2015

    Russian Fertilizer Co. Loses Anti-Dumping Challenge In CIT

    The U.S. Court of International Trade on Thursday nixed a fertilizer producer’s challenge to the inclusion of one of its products in a U.S. Department of Commerce anti-dumping duty order on solid fertilizer-grade ammonium nitrate products from Russia.

  • March 26, 2015

    EU Antitrust Regulators Set Sights On E-Commerce

    A European Union official on Thursday called for a probe into the e-commerce sector in an attempt to erase digital geographical barriers to commerce that do not exist in the integrated bloc’s brick-and-mortar retail world, saying a well-functioning “Digital Single Market” could add about €340 billion ($372 billion) to GDP.

  • March 25, 2015

    Chrysler Says ITC Patent Suit Relief Would Harm Consumers

    Chrysler Group LLC on Tuesday urged the U.S. International Trade Commission to consider the potential harm to consumers and workers in reviewing Jacobs Vehicle Systems Inc.’s allegations that it and its affiliates infringe a number of patents relating to variable valve actuation devices.

  • March 25, 2015

    Korean Co. Likely Can't Get Noodle Price-Fix Claims Tossed

    A California federal judge said Wednesday that he likely won't let Samyang Foods Co. Ltd. dodge claims that it participated in a conspiracy to fix prices on ramen noodles imported to the U.S. from Korea, saying he found the indirect purchasers' Sherman Act allegations plausible.

  • March 25, 2015

    Fila, Converse Settle Chuck Taylor Sneaker Trademark Fight

    Fila USA Inc. has reached a settlement with Converse Inc. to settle trademark infringement claims in which Converse accused rival footwear companies and retailers of selling and importing knockoff versions of its signature Chuck Taylor sneaker, according to documents filed on Tuesday with the U.S. International Trade Commission.

  • March 25, 2015

    PayPal to To Pay $7.7M To Settle Sanctions Violations

    PayPal Inc. has agreed to pay nearly $7.7 million for processing hundreds of transactions that violated U.S. sanctions with Sudan, Cuba and Iran, the U.S. Department of the Treasury announced Wednesday.

  • March 25, 2015

    CPSC Reveals Lumber Liquidators Flooring Probe

    The U.S. Consumer Protection Safety Commission announced Wednesday that it’s investigating the formaldehyde content of Chinese laminate tile flooring imported by Lumber Liquidators Inc. following an investigation by 60 Minutes.

  • March 25, 2015

    Schlumberger Unit To Pay $233M Over Iran, Sudan Sanctions

    A Texas-based Schlumberger Ltd. unit has agreed to plead guilty and pay a $232.7 million fine for violating U.S. sanctions in Iran and Sudan, the U.S. Department of Justice announced Wednesday.

  • March 25, 2015

    Lawmakers Urged To Strike Down Controversial Meat Labels

    A bevy of industry representatives on Wednesday warned federal lawmakers that failure to swiftly repeal a set of controversial meat labeling rules would expose U.S. food and beverage producers to hefty tariffs from Canada and Mexico, which have successfully challenged the rules in the World Trade Organization.

  • March 25, 2015

    WTO Dispute Roundup: Members Scramble To Ease Caseload

    In Law360's latest rundown of the World Trade Organization's Dispute Settlement Body activity, nations huddle to address the DSB's swelling backlog of cases, the European Union details tweaks to its regulations restricting seal product imports, and Vietnam blasts decade-old U.S. shrimp tariffs.

Expert Analysis

  • This Week In Congress: A Few Hearings Outside Of DC

    Richard Hertling

    The statutory deadline by which Congress must pass a budget is April 15, which means the House and Senate must work quickly to iron out the differences between their two proposals when they return to Washington in two weeks. A significant issue of disagreement will be between the defense and deficit hawks over military funding, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Biomet Again Underscores FCPA Risks In Life Sciences

    Gary Giampetruzzi

    While few details have been disclosed relating to the historic extension of Biomet Inc.'s deferred prosecution agreement, its warning is clear — where prosecutors question a company’s candor, cooperation or remediation of issues, the grip of formal oversight will not be easily released, say attorneys with Paul Hastings LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • Some Background On Fed. Circ.'s CVD Ruling

    Neil Ellis

    The outcome in GPX International Tire Corp. v. U.S. was perhaps unsurprising, as the opposite result would have been contrary to the Federal Circuit’s long-standing disinclination to find constitutional flaws in the trade remedies statutes. It also would have led to significant uncertainty regarding the legality of eight years of countervailing duties proceedings involving nonmarket economy imports, agency determinations and tariff... (continued)

  • Unmanned But Not Unarmed: State Dept.'s New Drone Policy

    Brandon Bodnar

    While the U.S. State Department's new export policy places significant conditions on the sale or transfer of military drones, it also for the first time provides explicit guidance regarding under what circumstances the United States will approve the sale of armed drones to the U.S. allies and coalition partners, say attorneys with Arnold & Porter LLP.

  • Biomet’s DPA Proves An Inescapable Device

    Amy Riella

    As just the latest in a series of companies facing additional scrutiny from U.S. regulators following the settlement of an enforcement action involving violations of the Foreign Corrupt Practices Act, Biomet Inc.’s current plight highlights the risks of continuing reporting and disclosure obligations contained in most deferred and nonprosecution agreements, say Amy Riella and Carla Jordan-Detamore of Vinson & Elkins LLP.

  • An Important Interpretation Of The Volcker Rule

    Kenneth J. Berman

    The Federal Reserve and other implementing agencies recently issued a new interpretation of the Volcker Rule that makes it substantially easier for a non-U.S. banking entity to invest directly in private equity funds, hedge funds and other private funds, and substantially addresses many of the Volcker Rule issues faced by third-party fund sponsors, say attorneys with Debevoise & Plimpton LLP.

  • Medical Device Companies Face Increased TAA Scrutiny

    Lawrence Sher

    A spate of recent multimillion-dollar settlements has shown that medical device manufacturers are subject to substantial liability under the False Claims Act if they misstate the country of origin of their products in violation of the Trade Agreements Act, say attorneys with Reed Smith LLP.

  • International Trade Compliance Tips For Franchisors

    Robert Smith

    Although the Federal Trade Commission’s franchise rule does not apply to international franchise development undertaken by U.S. franchisors, there are a number of other laws with which U.S. franchisors must comply when they seek to expand outside of the U.S., say Robert Smith and Gregory Williams of Wiley Rein LLP.

  • OPINION: Not All That Is Public Should Be Publicized

    Adam C. Sherman

    Although court decisions are public records, that doesn’t mean they should be publicized by the courts on search engines, such as Google. Access alone isn’t the problem. The issue is that these decisions appear prominently atop search results — even when browsing parties are not looking for them. Courts have opened their doors, but they need not remove them entirely, says Adam Sherman of Vorys Sater Seymour and Pease LLP.