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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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)
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 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.
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.
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.
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.
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.
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.