International Trade

  • October 21, 2016

    Sporting Goods Co. Asks ITC To Ban Chinese Arrowheads

    FeraDyne Outdoors LLC, an outdoor sporting goods company, asked the U.S. International Trade Commission on Thursday to block imports of counterfeit arrowheads from China and issue a cease and desist order to the individuals and companies allegedly selling the infringing goods.

  • October 21, 2016

    Illinois Senate Contenders Diverge On Trade, Health, Banks

    Lawyers watching for a possible shift of power in the U.S. Senate this fall may want to keep their eyes on Illinois, where a closely watched race has two candidates offering competing visions on U.S.-led trade agreements, the future of the Affordable Care Act, and how the government should regulate the financial industry.

  • October 21, 2016

    US, Korean Companies File Steel Duty Objections

    Two Korean and two U.S. steelmakers filed suit in the U.S. Court of International Trade on Thursday to raise opposing objections to duties imposed by the U.S. Department of Commerce on multiple kinds of Korean steel this year.

  • October 21, 2016

    Novatrax Can't Pull Some Defendants Out Of Arbitration

    Officers of a German company who hadn’t signed a sales agreement with Novatrax International Inc. that contained an arbitration clause should nevertheless be included in arbitration in Germany instead of litigation in Canada over a contract dispute, the Ontario Court of Appeal ruled Thursday.

  • October 21, 2016

    Pomerantz To Lead Investor Suit Over Embraer Bribery

    A New York federal judge on Thursday appointed Pomerantz LLP as lead counsel in a proposed class action alleging that Brazilian aircraft manufacturer Embraer SA hid from investors a scheme to bribe Dominican Republic officials to win aircraft contracts.

  • October 21, 2016

    Vitamin Buyers Seek Class Cert. In 'Made In USA' Suit

    Consumers alleging vitamin maker NBTY Inc. misleadingly touted its products as containing wholly domestically sourced ingredients asked a Florida federal judge to certify their proposed class on Thursday, saying the vitamin maker deceived thousands of customers in multiple states with its made-in-America label.

  • October 20, 2016

    Fitbit Cleared Of Jawbone's Trade Secret Claims At ITC

    The U.S. International Trade Commission terminated an investigation into whether Fitbit Inc. stole trade secrets from Jawbone on Thursday, saying that it did not find a need to review an earlier decision that cleared Fitbit Inc. of the allegations.

  • October 20, 2016

    Arista Looks To Nix ITC Cisco Patent Ruling At Fed. Circ.

    Arista Networks Inc. has asked the Federal Circuit to reverse an International Trade Commission ruling that it infringed a patent owned by Cisco Systems Inc. relating to Ethernet switch products, saying the commission’s claim construction for the patent was wrong.

  • October 20, 2016

    DOD Must Assess Impact Of Drawdowns, GAO Says

    A U.S. Government Accountability Office report released on Thursday found the Department of Defense has not been assessing the readiness and budget impacts of emergency military assistance deployments over the last five years.

  • October 20, 2016

    US, India Tackle IP, Food Safety Regs In Final Summit

    U.S. and Indian trade officials convened their last high-level summit of the Obama administration Thursday as the U.S. leaned on New Delhi to improve its patent and trademark registrations and not to obstruct agricultural trade with dubious food safety rules.

  • October 20, 2016

    5 Things To Look For As Brexit Disclosures Get More Specific

    After overcoming the initial shock over Britain’s vote to leave the European Union, more public companies have begun updating their risk-related disclosures as they assess how the seismic event impacts their particular business. Here are five areas attorneys say will warrant specific attention as Brexit developments unfold.

  • October 20, 2016

    US Urges Fed. Circ. To Affirm Commerce’s Paper Duty Ruling

    The United States urged the Federal Circuit on Tuesday to sustain the Department of Commerce's anti-dumping duties imposed on a German company’s thermal paper exports, arguing the agency's application of "total adverse facts available" was due to the company's deliberate concealment of its home market sales.

  • October 20, 2016

    WTO Won't Rule On China's Chicken Duties Until Next Year

    A World Trade Organization compliance panel has delayed its decision on the legality of China’s import duties on U.S. chicken products and does not expect to issue the decision until next year, according to a WTO document circulated on Thursday.

  • October 20, 2016

    Intra-EU Bilateral Trade Deals May Have Had Their Day

    As the European Commission intensifies its push for certain member states to terminate their investment treaties with other bloc members, some experts say it's becoming increasingly likely that these aging trade deals will be scrapped, changing the landscape for investors within the European Union.

  • October 19, 2016

    Clinton, Trump Poke Holes In Each Other's Trade Records

    Wednesday night’s final presidential debate saw the candidates attempting to expose one another’s shifting positions on international trade issues, with Donald Trump again bashing Hillary Clinton’s pivot on an Asia-Pacific trade accord and Clinton rebuking Trump’s use of Chinese steel in his development ventures.

  • October 19, 2016

    US Says Smoking Materials Importer Owes $193K In Penalties

    The United States on Tuesday in the U.S. Court of International Trade slapped a lawsuit against a California-based importer that it says has failed to pay tax penalties of $193,000 in connection with four entries of Chinese smoking materials into the country.

  • October 19, 2016

    Glue Maker Coughs Up $220K To Settle 'Made In USA' Claims

    A maker of strong, fast-acting glue has agreed to pay $220,000 and discontinue its use of misleading "Made in USA" labels in order to settle a suit filed by the U.S. Federal Trade Commission in Ohio federal court, the agency announced Wednesday.

  • October 19, 2016

    Europe Aims For Middle Ground In China Market Fight

    The European Commission said Thursday that it will not unilaterally declare China to be a market economy in the context of new anti-dumping investigations but instead will take a case-by-case approach in determining whether Chinese exporters are truly independent from the government.

  • October 19, 2016

    Syngenta Says Kansas Class Can't Join Trial In GMO MDL

    Syngenta urged a Kansas federal judge on Tuesday to block a trial that would air both nationwide and Kansas claims in multidistrict litigation alleging Syngenta’s promotion of genetically modified corn cost the industry at least $1 billion, saying the suits are required to go back to their home courts for trial.

  • October 19, 2016

    GAO Will Focus on Scope Of CFIUS Authority In Review

    The full impact of the Government Accountability Office’s planned review of the Committee on Foreign Investment in the U.S. still remains to be seen, but experts say the agency's report will likely touch on the methods used to ensure investor transparency and to determine mitigation measures amid concerns about the rising tide of inbound transactions.

Expert Analysis

  • Inside New DDTC Definitions Of Export, Re-Export, Retransfer

    Jack Hayes

    A new Directorate of Defense Trade Controls final rule represents a significant change in a long-standing view of DDTC policy that theoretical access by a foreign person to International Traffic in Arms Regulations-controlled technical data is to be treated as an export, re-export or retransfer, and that the burden was on the data owner to show that no release actually occurred, say attorneys with Steptoe & Johnson LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Tips For Increasing The Chances Of CFIUS Approval

    Daniel (DJ) Rosenthal

    The Committee on Foreign Investment in the United States remains a powerful regulatory body. The lesson from recent trends is not, as some have suggested, to retrench from engaging in inbound investment opportunities or to opt not to file a notice of a proposed transaction with CFIUS. Instead, companies should embrace the CFIUS process, says Daniel Rosenthal of Kroll.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • 3rd Circ. Pipes Decision May Change FCA Litigation

    Douglas W. Baruch

    Troubling as the Third Circuit’s recent decision in Victaulic may be for businesses attempting to comply with complicated customs regulations, another aspect of the decision may be even more consequential, with an impact felt by defendants across the entire spectrum of False Claims Act cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Och-Ziff: Takeaways From Landmark FCPA Case

    Jason A. Jones

    The recent Och-Ziff Capital Management enforcement action — one of the largest Foreign Corrupt Practices Act settlements in history — is notable for a number of reasons, not the least of which is that the U.S. Securities and Exchange Commission charged a sitting CEO and chief financial officer of an issuer with violating the FCPA for the first time, say attorneys with King & Spalding LLP.

  • A New Measuring Stick For Anti-Bribery Compliance Programs

    John J. Pease III

    On Saturday, the International Organization for Standardization adopted a certifiable international “anti-bribery management system” that has the potential to change how the U.S. Department of Justice, U.S. Securities and Exchange Commission, and foreign regulators evaluate and grade corporate compliance programs, say attorneys with Morgan Lewis & Bockius LLP.

  • The Art Of Silence At Trial

     Martha Luring

    When communicating to a jury, trial lawyers know that words matter. Thus, it may seem odd to focus on the topic of silence. However, this tool is often underutilized in all facets of the litigation life cycle, says Martha Luring of Salmons Consulting.