International Trade

  • July 23, 2014

    Canada and UK Amend Tax Treaty For Arm's Length Deals

    The U.K. and Canada amended their tax treaty on Monday to more closely reflect changes in Canadian law regarding the taxation of arm's length transactions, according to the financial ministries of the two countries.

  • July 23, 2014

    US Pushes Panama On Trade Barriers, Transparency

    The U.S. on Wednesday raised several concerns about trade barriers in Panama, criticizing the country's hurdles in the shipping and fuel sectors, and seeking more transparency in the country's regulations governing intellectual property, agricultural products and trade remedies.

  • July 23, 2014

    Domestic Silicon Maker Sues Brazilian Rival For Fraud

    An Ohio silicon manufacturer sued a Brazilian rival and its affiliates in D.C. federal court on Wednesday, accusing them of using fraud to get off the U.S. government's dumpers list and continue to sell low-priced silicon stateside.

  • July 23, 2014

    ITC Backs Union Fight For Duties On Chinese Tire Imports

    The U.S. International Trade Commission on Tuesday kept alive a bid from labor union United Steelworkers to slap duties on imports of Chinese tires that have allegedly been dumped on the U.S. market and unfairly subsidized, ruling that the tire shipments pose a threat to domestic producers.

  • July 22, 2014

    China Urges US To Heed WTO Dumping Ruling

    China’s commerce minister has asked the U.S. to heed a recent World Trade Organization rulings finding that it applied illegitimate duties on Chinese imports, calling on the Obama administration to “set a good example” for the international community and avoid being a “rules-breaker.”

  • July 22, 2014

    CIT Upholds Duty Calculations On Chinese PET Film

    The U.S. Court of International Trade on Tuesday upheld the U.S. Department of Commerce's decision to calculate the anti-dumping duty on polyethylene terephthalate film, sheet and strip from China by using South Africa as the surrogate country for determining its calculations.

  • July 22, 2014

    EU, African Coalition Ink Pact Shielding Unique Food Names

    The European Union and a coalition of nations in Southern Africa on Friday wrapped up negotiations on an economic partnership agreement that includes commitments by either side to protect a wide swath of unique names for food and beverages, a key priority in the EU's trade talks with the U.S.

  • July 22, 2014

    Judge Pleads With Argentina, Funds To Settle Bond Dispute

    The New York federal judge overseeing Argentina’s fight with investment firms holding around $1.5 billion in government bonds on Tuesday pled with both sides to reach a settlement of the dispute ahead of an end-of-the-month deadline that will cause Argentina to default on its debt.

  • July 22, 2014

    Spansion Targets Macronix Patents In PTAB Review Petitions

    Flash memory maker Spansion Inc. said Monday it had launched three petitions at the Patent Trial and Appeal Board to invalidate three Macronix International Co. Ltd. patents for nonvolatile memory products being used in a U.S. International Trade Commission investigation.

  • July 22, 2014

    WTO Dispute Roundup: Russia-EU Feuds Advance, GPX Intact

    In Law360's latest roundup of proceedings before the World Trade Organization's Dispute Settlement Body, two import policy fights between the European Union and Russia head for adjudication, members formally adopt WTO findings on a controversial U.S. trade law, and the U.S. and China continue sparring over banking regulations.

  • July 22, 2014

    WTO To Guide Poorer Nations In Enacting Trade Pact

    The World Trade Organization announced plans on Tuesday to enact its Trade Facilitation Agreement for poorer nations one at a time based on their capacity to implement the terms, as the fate of the closely-watched deal remained unclear with India withholding approval just nine days before the July 31 deadline.

  • July 21, 2014

    Argentina Appeals Foreign Bond Payment Ban Order

    The government of Argentina called on the Second Circuit to lift a New York federal judge’s ban on the nation’s payments to so-called exchange bondholders, making good on an argument it made in a legal notice earlier this month, in one of several filings Monday.

  • July 21, 2014

    No Domestic Industry For Realtek Patent, ITC Says

    The U.S. International Trade Commission on Monday largely upheld an administrative law judge’s decision finding that Realtek Semiconductor Corp. could not turn to the ITC to enforce a patent for integrated circuit chip technology, ruling that Realtek had not demonstrated a domestic industry.

  • July 21, 2014

    Alaska LNG Developers File Export Application To DOE

    Business partners planning a massive liquefied natural gas project in Alaska that would include an 800-mile pipeline from the state’s North Slope and liquefaction plant able to serve domestic and foreign customers have submitted an export application to the U.S. Department of Energy on Monday.

  • July 21, 2014

    Canada Blasts Lilly's $500M Patent Law Challenge

    The Canadian government has urged a North American Free Trade Agreement panel to toss Eli Lilly & Co.'s $500 million suit claiming that Canadian patent laws unfairly discriminate against pharmaceutical companies, saying the suit improperly aims to create a "supranational court of appeal."

  • July 21, 2014

    Malaysian Pols Spurn TPP Talks With US Amid Gaza Crisis

    Lawmakers within Malaysia's opposition coalition Pakatan Rakyat said Monday that they would cut off their consultations with U.S. trade leaders on the Trans-Pacific Partnership talks in light of the Obama administration's inaction in the ongoing clash between Israel and Palestine in Gaza.

  • July 21, 2014

    Justices Asked To Deny Bid To Review Anti-Dumping Payouts

    A furniture industry group has asked the U.S. Supreme Court to deny certiorari to Ashley Furniture Industries Inc. and Ethan Allen Global Inc. in their bid to win a cut of anti-dumping duties imposed on Chinese manufacturers, saying the furniture retailers don't deserve payouts because they opposed the anti-dumping investigation at the U.S. industry's expense.

  • July 21, 2014

    NY Court DQs Rogue Arbitrator From Kazakh Oil Dispute

    A New York state court has disqualified arbitrator Stephen Hochman from taking part in arbitration concerning BP PLC and Statoil's alleged 2008 bribery of Kazakh authorities for refusing to adhere to a court order demanding that he determine whether bribery occurred.

  • July 21, 2014

    Wall Street Lobbyists Defend Suit Over CFTC Swap Rules

    Several Wall Street lobbying groups fought Monday to keep alive a suit challenging the Commodity Futures Trading Commission's cross-border swaps rules under the Dodd-Frank Act, arguing that they had legal standing to bring the suit.

  • July 21, 2014

    G-20 Ministers Voice Hope Bali Deals Can Spur Doha Revival

    G-20 trade ministers convened Saturday in Sydney called on members of the World Trade Organization to quickly implement a series of agreements reached at last year's summit in Bali, Indonesia, and voiced optimism that those modest pacts could reignite a long-stalled effort to overhaul global trade rules.

Expert Analysis

  • A Blow To Commerce's Methodology For Trade Order Scope

    Brian McGill

    The U.S. Court of International Trade recently overturned the 30-year coexistence of the U.S. Department of Commerce’s substantial transformation test to determine a product’s country of origin and separate statutory provisions that seek to prevent circumvention of trade relief. The ramifications of the Peer Bearing Company-Changshan case are difficult to overstate, says Brian McGill of King & Spalding LLP.​

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • 5 Takeaways From Latest US Sanctions Against Russian Cos.

    Alexandra Lopez-Casero

    The latest round of U.S. sanctions against Russia’s oil, natural gas and financial industries is a dramatic departure from how the United States has applied targeted sanctions in the past, and raises several questions, say Alexandra Lopez-Casero and D. Grayson Yeargin of Nixon Peabody LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • Ralls Ruling Could Open Door To Other CFIUS Challenges

    Farhad Jalinous

    Companies have long been hesitant to challenge the Committee on Foreign Investment in the United States because of the broad discretion given to the executive branch on issues of national security, but the D.C. Circuit ruling in Ralls Corp.’s suit against the committee calls into question the breadth of CFIUS’ authority, say attorneys with Kaye Scholer LLP.

  • A Framework For Drafting Global Patent Applications

    Stephen Keefe

    Putting market strength and patent strength on a sliding scale, and using strength in one area to prop up weakness in the other area, the two criteria can form a framework to help optimize globally oriented patent drafting, says Stephen Keefe of Rabin & Berdo PC.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Ambiguities Remain Despite 9th Circ. AU Optronics Ruling

    Robert E. Bloch

    Unfortunately, the Foreign Trade Antitrust Improvements Act does not provide much guidance on how “direct” an effect on U.S. commerce must be for it to come within the scope of the Sherman Act, and subsequent case law — including the recent Ninth Circuit AU Optronics ruling — has not settled the issue, say attorneys with Mayer Brown LLP.