International Trade

  • February 9, 2016

    DC Circ. Ruling Gives FCA Defendants An Easy Out, US Says

    The federal government asked the D.C. Circuit on Monday to undo its reversal of a $580,000 statutory damages award in a False Claims Act case against a water pump company, saying an appellate panel twisted the law’s purpose in permitting the company to claim ignorance of fraudulent conduct.

  • February 9, 2016

    Feds To Probe Dirt Cheap Off-Road Tires From China, India

    The International Trade Commission will investigate whether China, Sri Lanka and India are dumping off-road tires in the U.S. at below-market prices, according to a Federal Register notice to be published this week. 

  • February 9, 2016

    Final Obama Budget Offers Mixed Bag For Trade Agenda

    While President Barack Obama's last budget proposal unveiled Tuesday arms the U.S. Trade Representative with $59 million as it moves to implement the Trans-Pacific Partnership, it will likely put trade remedy attorneys in a bind as it chips away at the U.S. Department of Commerce's enforcement resources.

  • February 9, 2016

    Hyperdynamics Unit Says Partner Is Hindering Contract Row

    A unit of Houston-based oil and gas driller Hyperdynamics Corp. accused Tullow Guinea Ltd. in Texas federal court Monday of trying to stall proceedings in a case alleging the company and another partner driller used a Foreign Corrupt Practices Act investigation as an excuse to fall through on a petroleum exploration agreement.

  • February 9, 2016

    Commerce Ends Investigation Into Duties On Mexican Bricks

    The U.S Department of Commerce will rescind an administrative review of an anti-dumping duty order on certain magnesia carbon bricks from Mexico initiated in November after the petitioners withdrew their request for review, the agency has announced.

  • February 9, 2016

    US Anti-Terror Efforts Destroy Banks, Andorran Investors Say

    The U.S. routinely destroys banks without giving them a chance to defend themselves, like one in Andorra that failed after being deemed a prime risk for use by terrorists and criminals to launder money, lead investors in the collapsed bank argued Monday.

  • February 9, 2016

    $6.5B Argentina Deal Attacked By Class Action Counsel

    Argentina’s proposed $6.5 billion settlement with holdout bondholders was attacked Monday in New York court by plaintiffs' counsel overseeing a series of separate class action lawsuits over the country’s 2001 default, saying the deal would undermine injunctions intended to make sure parties are treated equally.

  • February 9, 2016

    Romania Says It Has Honored $200M Award In Investor Row

    The Romanian government urged a New York federal judge Monday to declare that it has satisfied an arbitration award of more than $200 million to two Swedish food industry investors over revoked economic incentives, saying it had taken legislative actions such as tax setoffs to satisfy the award.

  • February 9, 2016

    CFTC Lets Korea Exchange Members Solicit In US

    The Commodity Futures and Trading Commission will allow designated Korea Exchange members to sell futures and options products directly to U.S. customers without registering as futures commissions merchants, the agency said Monday, finding U.S. and South Korean regulations sufficiently similar.

  • February 9, 2016

    Costco Slams Generic Lipitor Labeling Suit

    Costco on Monday blasted a former attorney’s move for a win in his suit claiming the retailer and drugmaker Apotex Corp. sold generic Lipitor made overseas without proper labeling, telling a California federal judge that he blatantly flouted local court rules.

  • February 8, 2016

    Facebook Gets 3 Months To Fix France's Data Transfer Qualms

    France’s privacy regulator on Monday set a three-month deadline for Facebook to cease its reliance on the recently-invalidated trans-Atlantic safe harbor data transfer mechanism, stop tracking the Internet browsing activities of nonusers and make several other changes to fall into step with the country’s data protection law.

  • February 8, 2016

    US, India Talk Settlement In WTO Solar Row

    A World Trade Organization decision on the legality of India’s solar energy program has been delayed as officials in New Delhi hold meetings with the Obama administration in an attempt to reach a mutual resolution, the U.S. trade representative’s office said Monday.

  • February 8, 2016

    TPP's Tobacco Carveout Could Rock Arbitration Landscape

    The Trans-Pacific Partnership's investment chapter includes a first-of-its-kind passage barring companies from lodging challenges against tobacco control measures, a provision that some experts say could pave the way for similar product-specific exclusions in the arbitration procedures of future U.S. trade accords. 

  • February 8, 2016

    Fed. Circ. Extinguishes Challenge To Ironing Board Duties

    The Federal Circuit on Monday unanimously tossed a challenge to U.S. anti-dumping duties on imported ironing boards, shutting down arguments from a pair of Chinese manufacturers that the tariffs were the result of faulty methodology from the U.S. Department of Commerce.

  • February 8, 2016

    ICSID Won’t Make Venezuela Put Up Costs In Bank Row

    The International Centre for Settlement of Investment Disputes has declined two requests from a Spanish bank in an ongoing arbitration proceeding to make the government of Venezuela pay $375,000 in arbitration costs and remove two articles bashing the company and its counsel from the Internet.

  • February 8, 2016

    Importer Takes CBP Duties Rule Challenge To High Court

    International Custom Products Inc. has asked the U.S. Supreme Court to review the constitutionality of a U.S. Customs and Border Protection rule requiring the full payment of duties by an importer before a court case can proceed, challenging the Federal Circuit's conclusion that the policy adheres to due process requirements.

  • February 8, 2016

    Barclays To Pay $2.5M Over Violations Of Zimbabwe Sanctions

    Barclays PLC on Monday agreed to pay $2.5 million to settle U.S. claims that the bank processed transactions for government-backed entities in Zimbabwe that were subject to U.S. sanctions.

  • February 8, 2016

    Venezuela Can't Avoid Bond Over $740M Award, Miner Says

    A mining company seeking to enforce a $740 million arbitration award against Venezuela urged a District of Columbia federal judge on Friday not to let the country pause enforcement without posting a $7.5 million bond, saying Venezuela's big budget is no guarantee of payment given the country's perilous finances. 

  • February 8, 2016

    White House's TPP Rhetoric Rankles China

    The Chinese government on Friday pushed back against the Obama administration’s persistent message that the Trans-Pacific Partnership will allow the U.S. to “write the rules of trade” in the Asia-Pacific region and serve as a counter to Beijing’s controversial economic policies.

  • February 5, 2016

    GCs Name Best Of The Best Attorneys

    More than 60 lawyers have been recognized by corporate counsel for cracking the code of client satisfaction and standing out among their peers for at least two years straight.

Expert Analysis

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • The Rising Use Of Reference Pricing For Imported Goods

    Jini Koh

    The recent trend in countries, most recently Mexico, publicly acknowledging the use of reference pricing or similar mechanisms to impute a customs value on import transactions has become a growing point of discussion between industry and customs authorities within the World Trade Organization and World Customs Organization, says Jini Koh at Crowell & Moring LLP.

  • In Congress: Energy, Nutrition, North Korea

    Richard A. Hertling

    North Korea's successful rocket launch Sunday follows on the heels of its alleged hydrogen bomb test in January. House-passed legislation being considered in the Senate this week would impose stricter sanctions on the country. The bill also extends authority to the president to sanction individuals engaging in financial transactions to support any of North Korea’s illicit activities or cyberthreats, say Richard Hertling and Kaitlyn... (continued)

  • New Regulations Create Business Opportunities In Cuba

    Lori Scheetz

    Though hurdles remain, the fairly extensive list of goods that may be authorized for export to Cuba — thanks to recent changes in U.S. Bureau of Industry and Security regulations — combined with a shift from a general policy of denial to a general policy of approval and the fact that these sales may now be made to government entities, create new possibilities for U.S. companies seeking to enter the Cuban market, says Lori Scheetz a... (continued)

  • Congress Loses Its COOL

     Matthew I. Kaplan

    Congress recently repealed the country-of-origin labeling rule for beef and pork, partially in response to the threat of retaliatory tariffs from Canada and Mexico. But COOL requirements are still in effect for other commodities and whether other countries will follow Canada and Mexico to obtain COOL repeal for these products remains to be seen, say Matthew Kaplan and Ndubisi Ezeolu at Tucker Ellis LLP.

  • The Calm Before The Storm: Responding To An ITC Complaint

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    When a Section 337 complaint is filed with the U.S. International Trade Commission, the ITC has 30 days to evaluate the complaint before starting an investigation. A company sued at the ITC should make maximum use of this period, as once the investigation starts it proceeds at a much quicker pace than most U.S. court proceedings, say Steven Adkins and Matthew Bathon at Steptoe & Johnson LLP.

  • TPP Dispute Resolution: Settlement Mechanism Vs. WTO

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    The Trans-Pacific Partnership's dispute settlement mechanism may provide a faster and more transparent forum to resolve state-to-state disputes than that of the World Trade Organization, but with its well-developed procedures and appeal mechanism, the WTO may well remain a forum of choice for those that prize consistency and predictability in dispute resolution, say attorneys at Sidley Austin LLP.

  • EU-US Negotiations Could Shake Up US Insurance Regulation

    Donald B. Henderson

    Entering into a covered agreement with the European Union could have a significant impact on the current U.S. state-based system of insurance regulation, since the covered agreement — which will be negotiated by U.S. federal authorities — could result in the preemption of certain state insurance laws, say attorneys at Willkie Farr & Gallagher LLP.

  • Investment Protection In The Canada-EU Trade Agreement

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    Of the new wave of major trade and investment agreements, the Canada-European Union Comprehensive Economic and Trade Agreement arguably has the best prospect of ratification. Mohamed Shelbaya and Ian Kysel of Shearman & Sterling LLP highlight some of the ways in which its provisions clarify or differ from investment protections available to investors under current treaty law.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.