International Trade

  • October 22, 2014

    Wyden Urges DOE To Review Strategic Petroleum Reserve

    Sen. Ron Wyden, D-Ore., urged the U.S. Department of Energy on Wednesday to study the size and makeup of the U.S. Strategic Petroleum Reserve, echoing a call in a recent watchdog report that recommended both an SPR review and explored an increase in crude oil exports.

  • October 22, 2014

    2nd Circ. Tosses Argentina's Appeal Of $539M Payment Block

    The Second Circuit on Wednesday dismissed Argentina's appeal of a New York federal judge's order blocking a $539 million payment to bondholders via Bank of New York Mellon, finding that it doesn't have jurisidiction because the order appealed from was a clarification rather than a modification of prior rulings.

  • October 22, 2014

    Motorola Tells 7th Circ. FTAIA No Cartel Shield

    Motorola Mobility LLC told the Seventh Circuit on Tuesday that the Foreign Trade Antitrust Improvements Act, which was designed to limit the foreign reach of U.S. antitrust law, was not meant to give a free pass to cartels whose products end up in the U.S. just because the sales happen abroad.

  • October 22, 2014

    Incoming EU Leader Aims To Cool TTIP Arbitration Worries

    The incoming president of the European Commission on Wednesday stressed that any investor-state dispute settlement system in the Transatlantic Trade and Investment Partnership would not threaten the sovereignty of domestic courts, while also holding open the possibility that the controversial provision could be scrapped altogether.

  • October 22, 2014

    ITC Agrees To Review Construction Of Sleep-Aid Patents

    The U.S. International Trade Commission has agreed to review a pair of claim constructions made in a case alleging sleep disorder devices imported by BMC Medical Co. violated patents held by ResMed Corp., according to a notice published in Wednesday's Federal Register.

  • October 22, 2014

    Key Dem Makes Rare Trip To TPP Session In Australia

    The House Ways and Means Committee's top-ranking Democrat traveled to Sydney, Australia, on Tuesday to more closely observe the status of the Trans-Pacific Partnership talks, which are entering a crucial stage as negotiators aim to seal a final agreement as soon as possible.

  • October 21, 2014

    ITC Says It Can Bar Goods Aimed At Induced Infringement

    The U.S. International Trade Commission and Cross Match Technologies Inc. recently urged the full Federal Circuit to hold that the commission can bar imported products meant to induce infringement, even if the direct infringement occurred post-importation, arguing congressional intent supports this authority.

  • October 21, 2014

    Alcoa Execs Promise Compliance Reform To Settle Bribe Row

    Alcoa Inc. shareholders on Monday asked a Pennsylvania federal judge to approve a settlement between shareholders and the board over allegations that the company paid hundreds of millions of dollars in illegal bribes to government officials in Bahrain.

  • October 21, 2014

    Finnegan Sanctioned For Destroying Evidence In Dow IP Case

    In an unusual ruling, a U.S. International Trade Commission judge sanctioned a Dutch company and its counsel, Finnegan Henderson Farabow Garrett & Dunner LLP, for spoliation of evidence by awarding Dow Chemical Co. default judgment on its trade secret claims against the company.

  • October 21, 2014

    US Dissolves Steel Settlement With Russia, Reviving Duties

    The U.S. Department of Commerce has decided to terminate a 15-year-old agreement that settled a trade case against Russian hot-rolled steel imports in a move that will reinstate significant anti-dumping duties on those products, according to documents released by the agency Monday.

  • October 21, 2014

    Canada, Mexico Ready To Retaliate In WTO Meat Label Row

    The Canadian and Mexican governments said on Monday that they are prepared to pursue hefty economic retaliation if the U.S. will not budge from its controversial meat labeling regulations, which have now been struck down by World Trade Organization panels on three different occasions.

  • October 21, 2014

    EU, China Forge Deal To Cease Telecom Imports Battle

    The European Union's trade enforcement office announced Monday that it has dropped the remainder of its trade remedy probe of Chinese mobile telecommunications networks after striking a deal with Beijing officials to increase oversight of the market and cooperate on the development of new rules.

  • October 20, 2014

    Tech Giants Attack ITC's Patent Ruling On Digital Data

    Business groups whose members include Google Inc., Apple Inc. and other major tech-industry players urged the Federal Circuit to reverse the International Trade Commission’s decision in a suit concerning Invisalign patents that it has jurisdiction over digital downloads, saying Friday that allowing the ruling to stand would hurt global commerce.

  • October 20, 2014

    TPP Catches Flak From Aussie Pols As Talks Forge Ahead

    As negotiators convened in Canberra, Australia, for the latest round of talks to close the Trans-Pacific Partnership, a slew of civil society organizations and Australian lawmakers voiced opposition to the deal on Monday, flagging numerous trouble spots such as the recently leaked draft intellectual property chapter.

  • October 20, 2014

    WTO Dispute Roundup: Car Tariff, Biotech Spats Heat Up

    In Law360's latest look at the World Trade Organization's Dispute Settlement Body, the European Union's case against Russian car tariffs heads to a panel, the U.S. agitates for progress on a decade-old biotechnology dispute, and Cuba accuses the U.S. of dragging its feet in a festering fight over intellectual property rights.

  • October 20, 2014

    Supreme Court Won't Hear CCI Exec's FCPA Reach Fight

    The U.S. Supreme Court on Monday declined to address whether a former president of Control Components Inc.’s South Korean office can be declared a fugitive even though he is a foreign national who never fled American authorities in the face of Foreign Corrupt Practices Act charges.

  • October 20, 2014

    WTO Once Again Strikes Down US Meat Labeling Rules

    For the third time in three years, the World Trade Organization faulted U.S. labeling requirements for pork and beef, finding on Monday that the regulations were still discriminating against Canadian and Mexican imports despite the government's efforts to comply with earlier adverse rulings.

  • October 17, 2014

    Sidley Beats Subpoena Bid In PetroTiger CEO's Bribery Case

    A New Jersey federal judge on Friday freed Sidley Austin LLP from a subpoena seeking documents related to its probe of PetroTiger Ltd. following its former CEO's indictment for allegedly conspiring to bribe Colombian officials to secure a $39 million contract.

  • October 17, 2014

    AIG Blasts IRS Economic Substance Claims In $306M Tax Row

    American International Group Inc. on Tuesday bashed the IRS for alleging that several transactions AIG used for foreign tax credits lacked economic substance, telling the Second Circuit the doctrine doesn't apply to the $306 million refund fight because the company complied with congressional standards.  

  • October 17, 2014

    AUO Pushes 9th Circ. To Rehear $500M Antitrust Case

    AU Optronics Corp. urged the Ninth Circuit on Thursday to rehear its appeal of a $500 million price-fixing fine levied against the liquid crystal display producer, denying that the company has waived its chance to seek a narrower sentence that accounts only for its direct imports.

Expert Analysis

  • How To Successfully Use Alibaba's AliProtect

    Theodore Baroody

    If a U.S. intellectual property owner has limited financial resources such that infringement represented by an Alibaba.com listing accessible in the U.S. might otherwise go unaddressed, a complaint through the AliProtect system may present a reasonable option. AliProtect has some quirks, but it worked when we tried it, and the time from complaint to takedown was about five days, says Theodore Baroody of Carstens & Cahoon LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Offset Deals Can Pose High FCPA Risks For Defense Industry

    Howard Weissman

    Based on almost 30 years of experience in the defense industry, I do not believe that offset transactions are inherently or frequently corrupt. But with a potentially high Foreign Corrupt Practices Act compliance risk, these projects require thorough risk-based due diligence on the parties involved in them, says Howard Weissman, of counsel with Baker & McKenzie LLP and former associate general counsel at Lockheed Martin Corp.

  • Export Controls And The Art Of Voluntary Disclosures

    Brett Johnson

    A person who dabbles in art is not likely to paint museum-worthy masterpieces. The same principle applies to drafting, submitting and addressing the long-term impact of voluntary disclosures. Companies should prepare well in advance for a possible export control violation, says Brett Johnson of Snell & Wilmer LLP.

  • Crisis At The WTO — What Options Are Left?

    Terence Stewart

    While one may hope for brighter days in the future, the raging storm within the World Trade Organization membership at the moment suggests it will be a very long time before WTO members can restore the negotiating function of the organization, says Terence Stewart of the Law Offices of Stewart and Stewart.

  • Lessons From Recent DOJ Probes Of Large Banks

    Jacqueline M. Arango

    The U.S. Department of Justice is focusing on large financial institutions for not only failing to comply with federal laws but also for willfully violating laws that were meant to protect the sanctity of the U.S. financial markets. These recent prosecutions, particularly with respect to U.S. embargo violations, provide guidance on what not to do, say Jacqueline Arango and Christine Bautista of Akerman LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Start To Think About Entering China's Health Care Market

    Tim Stratford

    After the news this past July that German hospital operator Artemed had signed a framework agreement to establish the first wholly foreign-owned hospital in the Shanghai Pilot Free Trade Zone, foreign investors anxious for an opening into China’s tightly regulated health care sector may have further reason for optimism, say attorneys with Covington & Burling LLP.

  • An Offensive Use Of The FCPA?

    Kedar Bhatia

    With recent examples in mind, there is no clear indication that offensive use of the Foreign Corrupt Practices Act is actually a new frontier as opposed to another somewhat underhanded effort at securing a competitive advantage, say Kedar Bhatia and Shamoil Shipchandler of Bracewell & Giuliani LLP.

  • Commerce's BE-13 Survey Is Back: What You Need To Know

    Scott Flicker

    The U.S. Department of Commerce's Bureau of Economic Analysis — a little-known U.S. government statistical reporting bureau — has revived a dormant regulation mandating that U.S. entities submit a report when they take on, or are created as a result of, qualifying new foreign direct investment in the United States, say Scott Flicker and Dana Stepnowsky of Paul Hastings LLP.