International Trade

  • March 4, 2015

    Bernstein Litowitz, Entwistle To Lead Cobalt Shareholder Suit

    A Texas federal judge on Tuesday appointed Bernstein Litowitz Berger & Grossmann LLP and Entwistle & Cappucci LLP as co-lead counsel in a proposed class action alleging Cobalt International Energy Inc. bribed a foreign government and made misleading statements to stock and bond investors, leading to billions in losses.

  • March 4, 2015

    ITC Trims Software Patent Probe For Apple Products

    The International Trade Commission has cut back an investigation into Apple Inc.’s consumer hardware devices after non-practicing patent entity Enterprise Systems Technologies S.a.r.l withdrew claims that the devices infringed one of its software patents, according to a Tuesday order.

  • March 4, 2015

    Jones Day Scoops Ex-Roetzel FDA Pro In Miami

    A former Roetzel & Andress partner who has experience counseling clients in the food and drug industries on regulatory matters and advising foreign importers on U.S. Food and Drug Administration regulations has joined Jones Day’s life sciences practice in Miami, the firm announced Tuesday.

  • March 4, 2015

    Merkel Vows Defense Of EU Standards In US Trade Talks

    German Chancellor Angela Merkel said in a news conference Wednesday that Europe would fight for its standards in ongoing negotiations over a U.S.-EU trade pact, but endorsed a European Commission push to wrap up “essential” parts of the agreement by the end of 2015.

  • March 4, 2015

    ITC Will Probe Imports Of Canadian Specialty Paper

    The U.S. International Trade Commission on Wednesday announced it will explore claims that illegally subsidized Canadian shipments of glossy paper used in magazines and catalogs have ravaged domestic producers, launching a case that could end with substantial tariffs on the imported goods.

  • March 4, 2015

    Obama Trade Plan Boasts Labor, Environmental Work

    Striking back at the most frequent criticisms of its international trade policy, the Obama administration on Wednesday touted its efforts to improve labor and environmental rules both globally and through regional talks like the Trans-Pacific Partnership, which it vowed to conclude this year.

  • March 3, 2015

    Chanos Ducks Wynn Resorts' FCPA Defamation Suit Again

    Short-seller James Chanos on Tuesday once again persuaded a California federal judge to kick Steve Wynn's defamation suit over Chanos' allegedly telling an invitation-only journalism conference that the casino mogul violated the Foreign Corrupt Practices Act, striking the case under California's anti-SLAPP law.

  • March 3, 2015

    Judge In $2.3B Argentina Bond Spat Mulls Citi Injunction

    A New York federal judge on Tuesday deferred a ruling on whether to block Citibank NA from making payments on some $2.3 billion worth of bonds governed by Argentine law, after an attorney for the bank lambasted the injunction as “fundamentally unfair.”

  • March 3, 2015

    FCPA Self-Reporting Brings Benefits: SEC Enforcement Chief

    Companies on the fence about reporting possible overseas bribery to the U.S. Securities and Exchange Commission and other authorities need only look at cases like last week’s enforcement action against Goodyear Tire & Rubber Co. to see what cooperation can mean, the SEC’s enforcement director Andrew Ceresney said Tuesday.

  • March 3, 2015

    Japanese Buyers Surprise With Sharp Uptick In CFIUS Filings

    The number of Japanese companies that opted into a national security review for their proposed U.S. acquisitions recently doubled, suggesting a growing boldness — and potentially a heightened awareness of risk — among deal makers desperate for overseas growth.

  • March 3, 2015

    GOP Senator Backs Obama Plan To Merge Trade Agencies

    In a rare sign of Republican support for the White House's budgetary agenda, Sen. Dan Coats of Indiana gave his endorsement Monday to a long-stalled Obama administration proposal that would, as a cost-cutting maneuver, consolidate six agencies with international trade oversight.

  • March 3, 2015

    Chinese Flooring Co. Sues Commerce Over Denied NSR

    A Chinese wood flooring manufacturer on Monday sued to force the U.S. Department of Commerce to conduct a new shipper review, arguing before the U.S. Court of International Trade that the agency unlawfully denied its request even though it followed all required rules and procedures.

  • March 3, 2015

    House Passes ‘Clean’ $40B DHS Funding Bill

    The U.S. House of Representatives agreed to concur with the Senate’s “clean” $39.7 billion bill funding the U.S. Department of Homeland Security on Tuesday, ending a weekslong standoff over a contentious immigration-related “rider” that had been attached to the bill.

  • March 3, 2015

    Suntech Reaches Ch. 15 Antitrust Deal With Solyndra Trust

    Suntech Power Holdings Co. Ltd.'s foreign liquidators have struck a tentative settlement with the litigation vehicle left behind by defunct Solyndra LLC in a California price-fixing lawsuit alleging Suntech colluded with other Chinese solar panel producers to squeeze out U.S. rivals.

  • March 3, 2015

    Farmer Says Syngenta Can't Put State Claims On Hold

    A corn farmer asked a Minnesota federal court on Monday to reject Syngenta Corp.’s attempt to stay its decision on a motion to remand to state court while the parties await the court’s decision on whether or not to transfer and consolidate the suit against the company to a Kansas district court.

  • March 3, 2015

    Teamsters Want Mexican Trucking Row Revisited In TPP

    The International Brotherhood of Teamsters on Monday publicly called on U.S. trade officials to use the Trans-Pacific Partnership talks to reopen deliberations on Mexico's cross-border trucking services, blasting the administration's move to open the border to Mexican truckers earlier this year.

  • March 3, 2015

    Enviro Groups Say Peruvian Law Flouts US Trade Pact

    A coalition of nine conservation advocacy groups on Monday implored U.S. trade officials to take action against a Peruvian statute that they claim has violated the two governments' bilateral trade pact by chipping away at environmental oversight in order to attract foreign investment.

  • March 2, 2015

    LSI Urges Fed. Circ. To Toss ITC Patent Claim Decision

    LSI Corp. called on a Federal Circuit panel Monday to vacate an International Trade Commission decision in a long-running legal fight with Realtek Semiconductor Corp. and others over alleged violations of standard-essential WiFi patents, saying the agency had improperly narrowed its claims construction.

  • March 2, 2015

    Steel Industry Wants Japan Suspended From TPP Talks

    The United Steelworkers and Specialty Steel Industry of North America on Monday urged U.S. Trade Representative Michael B. Froman to exclude Japan from Trans Pacific Partnership free trade agreement negotiations until it accepts U.S. steel exports and halts alleged currency manipulation.

  • March 2, 2015

    Senate Dems Refuse Bicameral Conference On $40B DHS Bill

    Democratic senators on Monday blocked the U.S. Senate from going to conference with the House of Representatives on a $39.7 billion bill to fund the U.S. Department of Homeland Security, citing concerns that House lawmakers would try to reinstate a disputed immigration-related clause.

Expert Analysis

  • Should You Join the 'Havana Club'?

    Kevin Casey

    As recent experiences in South Africa and Asia have shown, unless they act soon to protect their marks in Cuba, U.S. trademark owners may find themselves unable to sell products and services in a desirable market under the brand name they have invested so heavily to build elsewhere, says Kevin Casey, chairman of Stradley Ronon Stevens & Young LLP's intellectual property and IP litigation groups.

  • Does Voluntary Disclosure Make More Sense After Goodyear?

    Robert Appleton

    It appears that Goodyear Tire & Rubber Co. made the right decision and voluntary disclosure was a beneficial move. A review of other recent cases tells somewhat of a mixed story, say Robert Appleton and Kenton Atta-Krah of Day Pitney LLP.

  • Refusal Of Fokker DPA Provides 3 Lessons For Counsel

    Thomas Zeno

    As shown by the D.C. federal court's recent refusal of a deferred prosecution agreement in U.S. v. Fokker Services BV, the government’s blessing is not the last hurdle to resolution of an international corruption investigation, even when a company provides self-disclosure of its conduct, say Thomas Zeno and Rebecca Worthington of Squire Patton Boggs LLP.

  • Report Highlights Continued Need For CFIUS Planning

    Farhad Jalinous

    The recently published annual report from the Committee on Foreign Investment in the United States shows a decline in reviewed transactions for 2013, an increase in cases taken to the 45-day investigation phase and some notable developments regarding the countries most active in CFIUS reviews, say attorneys with Kaye Scholer LLP.

  • This Week In Congress: Netanyahu's Controversial Visit

    Richard A. Hertling

    As predicted, Congress managed to avoid a Department of Homeland Security shutdown, but the continuing resolution was shorter than expected. Both chambers will need to spend time this week trying to resolve the funding issue. Meanwhile, other issues remain up in the air as attention turns to Iranian nuclear development, with the Israeli prime minister scheduled to address Congress on Tuesday, say members of Covington & Burling LLP.

  • UN Africa Report Reveals Startling Illicit Financial Flows

    Stephanie Keene

    A new, comprehensive report concludes that Africa loses more than $50 billion every year to illicit financial flows. African states are likely to devote increasing resources to the passing of new legislation concerning trade mispricing, transfer pricing and financial transparency obligations in the future, says Stephanie Keene of Covington & Burling LLP.

  • Bridging The Discovery Gap In International Arbitration

    Joseph Cheriathundam

    Forensic analytics reduces time and costs to process information and provides tangible findings for counsel to support various theories. These techniques offer significant opportunities to narrow the gaps in international arbitration matters in which evidence is often unavailable or not easy to obtain, say members of StoneTurn Group LLP.

  • Legal Departments Are Ramping Up Revenue Searches

    Daniel A. Sasse

    Companies today operate under intense cost and competitive pressures. That reality is driving many legal departments to not only defend cases, but to also get involved in recovering money owed to the company through legal action. And as they do so, they are likely to keep casting a wider net, say Daniel Sasse and Deborah Arbabi of Crowell & Moring LLP.

  • Emerging Trends In Corporate Sustainability Reporting

    Sara K. Orr

    Recently, a potential new legal trend has emerged in which plaintiffs are filing product liability and securities class actions against companies by invoking claims related to environmental, social and governance or sustainability statements. This development demonstrates the risks associated with issuing ESG statements as some consumers and investors will not hesitate to litigate their accuracy or materiality, say Sara Orr and Bar... (continued)

  • Using Patents To Curtail Climate Change: A Proposal

    John Vandenberg

    Last fall, 74 countries and more than 1,000 businesses signed a declaration calling on all nations to price carbon dioxide and other greenhouse gases, yet the prospects of meaningful government action are dim. We see a possible solution in our patent system — impose a flexible license fee tied to greenhouse gas emissions, say attorneys with Klarquist Sparkman LLP, Green Patent Law, Robins Kaplan LLP, Burns & Levinson LLP and Susman Godfrey LLP.