Motorola Mobility LLC cannot sue for $3.5 billion in U.S. court over liquid-crystal display panels its foreign subsidiaries bought from an alleged price-fixing cartel of tech companies including Samsung Electronics Co., Toshiba Corp. and Sanyo Consumer Electronics Co. Ltd., U.S. Circuit Judge Richard Posner said in an opinion released Wednesday.
Argentina’s apparent defeat in an epic sovereign-debt dispute with a small group of U.S. hedge funds won’t encourage bondholders in future sovereign restructurings to litigate for full repayment instead of accepting negotiated haircuts, a ratings agency said Wednesday.
Four trade heavyweights in the U.S. Congress on Tuesday warned European Union lawmakers against pursuing new digital commerce and competition policy proposals that could hamper market access and thus deal a significant blow to ongoing EU-U.S. trade talks.
By helping successfully steer major global M&A deals, including Lenovo Group Ltd.’s $2.1 billion acquisition of an IBM Corp. server business, through approvals by the Committee on Foreign Investment in the U.S., Covington & Burling partner David Fagan has earned a spot among Law360’s International Trade MVPs.
The Committee on Foreign Investment in the U.S. handed over 3,487 pages of documents from its review of Ralls Corp.'s planned purchase of an Oregon wind farm, according to a Tuesday court filing, an unprecedented turn in an ongoing dispute over the agency's rejection of the deal.
The World Trade Organization is preparing for a Thursday vote that will simultaneously pave the way for the implementation of a deal to streamline global customs rules and formally enshrine a so-called peace clause shielding developing countries' food stockholding programs from legal challenges.
A California federal judge on Monday rebuffed a candy importer’s bid to escape a permanent ban on selling Mars Inc. and Nestle SA-produced sweets that The Hershey Co. contends infringe its marks.
A California federal magistrate judge on Tuesday chided attorneys in a price-fixing feud between bankrupt Solyndra LLC and a trio of Chinese solar-panel companies, calling their demand for Solyndra's financial files a “blunderbuss request” and accusing Solyndra of obscuring details on the files it has.
By helping to secure a U.S. Department of Commerce decision imposing duties on Chinese solar panel manufacturers and persuading the World Trade Organization to rule against that country’s restrictions on rare earth exports, Wiley Rein LLP partner Timothy Brightbill has landed among Law360’s International Trade MVPs.
The European Commission on Tuesday gave its approval to a series of proposals from its trade negotiating office to shed more light on the ongoing Transatlantic Trade and Investment Partnership talks with the U.S., which have been slammed with criticisms of secrecy since their launch last year.
Continental Automotive Electronics LLC has agreed to plead guilty and pay a $4 million criminal fine for its role in a conspiracy to rig bids of instrument panel clusters installed in Korean vehicles made and sold in the U.S., the U.S. Department of Justice announced on Monday.
The U.S. and India revived their long-dormant bilateral Trade Policy Forum in New Delhi Tuesday, with each side vowing to enhance their engagement on a slew of policy issues including intellectual property protections, agricultural trade and investment liberalization.
Samsung Electronics Co. on Friday asked the U.S. International Trade Commission to block shipments of products made by graphics chipmaker Nvidia Corp. it says infringe on its memory and data patents, escalating an ongoing patent infringement dispute between the two companies in related ITC and federal court suits.
Suprema Inc. on Friday reiterated its argument that the full Federal Circuit should rule that the U.S. International Trade Commission lacks authority to hear induced patent infringement cases when a product is found to infringe only after importation.
Toshiba Corp. on Friday responded to the International Trade Commission's decision to review an ITC administrative law judge's determination that Toshiba imported products that infringe two digital display patents, saying the ALJ's ruling contained significant errors that “led to a manifest injustice.”
The U.S. Department of Commerce on Monday determined that the Chinese government has been providing its tire producers with illegal subsidies and handed down a preliminary set of countervailing duty margins aimed at giving relief to U.S. producers.
The U.S. Court of International Trade on Monday backed a revised U.S. Department of Commerce anti-dumping duty review of Chinese carbon imports, signing off on the agency's decision to erase duties on three Chinese firms while keeping its determinations for a fourth shipper unaltered.
U.S. Trade Representative Michael Froman on Monday set the stage for the first U.S.-India trade summit in more than four years with a call for New Delhi to shore up its intellectual property regime, which has long been a thorn in the side of the pharmaceutical industry and other patent holders.
The U.S. Department of Energy on Friday granted Alaska LNG Project LLC the authorization to export liquefied natural gas to countries with which the U.S. has a free trade agreement, saying that it's still reviewing the application to export to non-FTA countries.
Senate Finance Committee leaders on Thursday called on U.S. Customs and Border Protection to immediately improve its patent infringement oversight in the wake of a U.S. Government Accountability Office report showing that some of the agency's procedures were out of date.
For pharmaceutical products, the most general form of extended patent protection available in Southeast Asia is currently data exclusivity, says James Kinnaird of Marks & Clerk.
The government’s tendency to mention improper gifts as mere "icing on the cake" to more serious allegations of cash bribes does not mean that prosecutors will not bring enforcement actions for gifts alone, as shown by the U.S. Securities and Exchange Commission's recent Foreign Corrupt Practices Act action against two former employees of defense contractor FLIR Systems Inc., say Philip Urofsky and Kyle Noonan of Shearman & Sterling LLP.
John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.
The growing problem of evasion of anti-dumping and countervailing duties presents an important challenge and should be taken up by Congress urgently when Trade Promotion Authority is considered, says Terence Stewart of the Law Offices of Stewart and Stewart.
The U.S. Department of Justice recently issued its second Foreign Corrupt Practices Act opinion release of 2014. The DOJ's conclusion that the acquisition of a company does not create FCPA liability where none existed before is both unsurprising and entirely consistent with the FCPA resource guide, but perhaps more interesting than what the DOJ said is what the DOJ did not mention — the Halliburton opinion, say attorneys with Morri... (continued)
The free movement of goods, services, people and capital across territorial boundaries seems to be fertile ground for litigation regarding the enforcement of foreign judgments, as in the case of Elcoteq Inc., where the U.S. Bankruptcy Court for the Northern District of Texas tackled issues of comity and the extraterritorial reach of the automatic stay, says Debora Hoehne of Weil Gotshal & Manges LLP.
Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.
In the absence of a defined benefit that a company can earn from voluntary disclosure, Foreign Corrupt Practices Act practitioners are left to guess the exact benefit or range of outcomes that could result. Some have dusted off an old proposal to address this issue — adoption of a corporate leniency program similar to that used by the Antitrust Division. The proposal has no merit, says Michael Volkov of The Volkov Law Group LLC.
The recent settlement between the U.S. Department of Commerce’s Bureau of Industry and Security and Wind River Systems Inc., a subsidiary of Intel Corp., may indicate that BIS is tightening the reins on encryption exports. It is also a cautionary tale for companies engaging in mergers and acquisitions with exporters of software products containing encryption, say Grayson Yeargin and Emily Crandall Harlan of Nixon Peabody LLP.
Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.