International Trade

  • May 26, 2015

    Ernst & Young Sat On Wal-Mart Bribery Claims, Group Claims

    A Wal-Mart Stores Inc. shareholder advisory group last week asked regulators to investigate whether Ernst & Young LLP knew about potential allegations against the retail giant’s Mexican branch years before the company disclosed the allegations to U.S. authorities.

  • May 26, 2015

    Commerce Lifts Duties On Korean Polyvinyl Alcohol

    The U.S. Department of Commerce has decided to revoke antidumping duties imposed on polyvinyl alcohol imports from South Korea after the International Trade Commission found little potential for harm to domestic producers.

  • May 26, 2015

    Lumber Liquidators Says Coverage Dispute Belongs In Wis.

    Lumber Liquidators Inc. urged a Virginia federal court Friday to dismiss Liberty Mutual Fire Insurance Co.'s suit challenging coverage for putative class actions over the retailer's sale of Chinese-made laminate flooring containing potentially dangerous levels of formaldehyde, asserting that the dispute should be heard in Wisconsin.

  • May 26, 2015

    DOJ Drops Oil Co. FCPA Investigation, Citing Cooperation

    Oil and gas startup Hyperdynamics Corp. said in a regulatory filing last week that the U.S. Department of Justice had ended a Foreign Corrupt Practices Act investigation into the company without bringing charges, which could stop short a pending class action against the company.

  • May 26, 2015

    High Court Won't Review Importer's Liability Petition

    The U.S. Supreme Court on Tuesday passed on reviewing a bid by the president of Trek Leather Inc. seeking to undo a Federal Circuit ruling that held him responsible for penalties levied against his company for import violations.

  • May 26, 2015

    Taiwan Auto Parts Co. To Pay $6.7M To Exit Price-Fixing Suit

    Taiwanese auto parts maker Tong Yang Industry Co. Ltd. on Friday agreed to pay $6.7 million to end indirect purchasers' claims in Wisconsin federal court alleging two Tong Yang subsidiaries and other manufacturers in Taiwan conspired to fix prices on their products.

  • May 26, 2015

    5 Insights From CBRE General Counsel Laurence Midler

    We keep a close eye on issues regarding conflicts of interest, professional negligence, privacy and trade secrets, as well as specific areas of employment. These topics are all germane to how CBRE operates its business, says Laurence Midler, executive vice president and general counsel at CBRE Group Inc.

  • May 22, 2015

    Senate Passes 'Fast-Track' Trade Bill

    The U.S. Senate passed legislation Friday to restore the White House's Trade Promotion Authority, after rejecting a proposed amendment on currency manipulation that had threatened to scuttle the bill.

  • May 22, 2015

    Big Banks Never Stopped Rigging Forex Market, Suit Says

    The day after the U.S. Department of Justice announced a $5.6 billion settlement with five big banks, JPMorgan Chase & Co., Barclays PLC and others are once again being accused of rigging the foreign exchange market, this time by a putative class of bank customers who claim the conspiracy continues to this day.

  • May 22, 2015

    State Dept. Floats Changes To Arms Traffic Regulations

    The U.S. Department of State on Friday floated several changes to licensing rules for U.S. workers providing defense services abroad, removing hurdles for work in North Atlantic Treaty Organization countries and those in Foreign Military Sales agreements with the U.S.

  • May 22, 2015

    CIT Nixes Challenge To Commerce's Refractory Brick Ruling

    The U.S. Court of International Trade on Friday upheld the Department of Commerce's revised determination that refractory bricks used in steel manufacturing imported by Fedmet Resources Corp. are not subject to remedial tariffs, concluding that its decision aligned with a Federal Circuit finding from last June.

  • May 22, 2015

    Nokia Tells ITC It Didn't Infringe InterDigital Network Patents

    Nokia Corp. asked the International Trade Commission on Thursday to review an administrative law judge's ruling that it and Microsoft Corp. infringed two of InterDigital Communications Inc.'s smartphone network-connection patents, arguing in a redacted filing the infringement determination was at odds with a prior decision.

  • May 22, 2015

    US Sanctions Iraqi Airline For Airbus Sale To Iran

    The U.S. Department of the Treasury on Thursday sanctioned an Iraqi airline company and others for illicitly selling commercial aircraft to an Iranian airline accused of sponsoring terrorism.

  • May 22, 2015

    SEC Flexes Bigger FCPA Muscles In $25M BHP Billiton Case

    When it charged BHP Billiton Ltd. $25 million for violating the Foreign Corrupt Practices Act, the U.S. Securities and Exchange Commission sent a powerful message to corporations that it’s willing to impose hefty fines for compliance failures even when no bribery is alleged to have taken place.

  • May 22, 2015

    Magna Wants TRW Held Liable For Car Camera Infringement

    Magna Electronics Inc. is asking the U.S. International Trade Commission to revise an April determination finding that even though fellow General Motors LLC supplier TRW Automotive US LLC indirectly infringed Magna’s driver assistance camera patent, the competitor is not liable due to a “good faith” belief of invalidity.

  • May 21, 2015

    BNY Mellon To Pay $180M To Settle Forex Class Action

    The Bank of New York Mellon Corp. said Thursday it will pay $180 million to resolve a putative class action brought by institutional investors accusing the company of running a deceptive foreign currency exchange program, according to a document filed with the U.S. Securities and Exchange Commission.

  • May 21, 2015

    CPSC Lumber Liquidators Probe A Clue To Agency's New Tone

    Lumber Liquidators Inc., whose CEO resigned Thursday amid allegations the company sold toxic laminate flooring, faces one of the first high-profile U.S. Consumer Product Safety Commission investigations under Elliot Kaye, which attorneys say can set the tone for the agency's oversight under its new chairman.

  • May 21, 2015

    US Uncuffs Internet Tech-Sharing To Crimea

    The U.S. Department of Commerce on Thursday filed final changes to export rules allowing unlicensed delivery of Internet technology to the politically fraught Crimea region of Ukraine, saying the change will allow Crimeans to reclaim the narrative of daily life from their Russian occupants.

  • May 21, 2015

    Ex-Im Bank Fights Enviros' Challenge To LNG Project

    Halting U.S. Export-Import Bank funding of Australian liquefied natural gas projects in the Great Barrier Reef will not stop the projects or address the claims of environmental groups, the bank argued before a California federal judge on Wednesday.

  • May 21, 2015

    Merkel Calls For US-EU Trade Framework By Year End

    German Chancellor Angela Merkel reiterated the country’s commitment to a proposed U.S.-European Union trade pact on Thursday, telling the Bundestag that Europe aims to nail down the framework for the deal by the end of 2015.

Expert Analysis

  • 1 Small Provision For Barclays, 1 Big Step For Compliance

    Mark Rosman

    Last week's Barclays PLC plea deal represents the first time that the Antitrust Division of the U.S. Department of Justice has awarded a company sentencing credit for implementing an effective compliance program after the start of an investigation, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • Iran Nuclear Deal Review Act Won't End Sanctions Debate

    Michael E. Zolandz

    On May 22, 2015, President Obama signed into law the Iran Nuclear Agreement Review Act of 2015. Although the act is now law, the tussle between legislative and executive prerogatives with respect to the Iranian sanctions regime will likely continue, say attorneys at Dentons LLP.

  • What Was Wrong With BHP Billiton's Compliance Program

    Lisa Prager

    Assistant Attorney General Leslie Caldwell recently reiterated a common theme from enforcement agencies — having a written compliance program on paper is not sufficient. The U.S. Securities and Exchange Commission's settlement with BHP Billiton Ltd. for Foreign Corrupt Practices Act violations is the quintessential case in point, say attorneys with Schulte Roth & Zabel LLP.

  • US Paper Industry Fights Unfair Imports

    Brian McGill

    Due to abundant resource availability and high demand for printed materials, the paper industry has long been an important part of the manufacturing sector in the United States. But unfair imports from a number of countries have negatively impacted production in key segments of the paper industry, particularly for products experiencing declining demand due to the growth of e-commerce, says Brian McGill of King & Spalding LLP.

  • US Loses COOL In WTO Dispute

    Duane W. Layton

    The World Trade Organization Appellate Body issued its long-awaited report rejecting the United States' efforts to remedy its country-of-origin labeling requirements for imported beef and pork products. If the United States allows its current COOL measure to continue in violation of its WTO obligations, Canada and Mexico may seek authorization to impose retaliatory measures, say Duane Layton and Kelsey Rule of Mayer Brown LLP.

  • Emerging IP Issues In The African Marketplace

    Beau Jackson

    The dynamic economic growth occurring across Africa presents new challenges and opportunities in the intellectual property context, say Beau Jackson of Adduci Mastriani & Schaumberg LLP and Jarrad Wood, a student at American University Washington College of Law.

  • DOJ Is Trying To Show Benefits Of Corporate Cooperation

    Ryan Rohlfsen

    Recent Foreign Corrupt Practices Act cases and commentary from U.S. Department of Justice officials illustrate possible costs, benefits and pitfalls in the disclosure and cooperation calculation, say Ryan Rohlfsen and David Nordsieck of Ropes & Gray LLP.

  • Higher Bar For Nonmarket Economy Cos. In Anti-Dumping Cases

    Brenda Jacobs

    As a result of two developments at the U.S. Department of Commerce, a higher bar has been set for companies operating in "nonmarket economies" to establish that their export activities are not subject to government control. NME companies now have a much shorter deadline by which to complete the lengthy application necessary to demonstrate the absence of government control, say attorneys at Sidley Austin LLP.

  • How Are Texas Oil And Gas Cos. Faring In China?

    Greg Krafka

    The sheer size and growth in China’s energy sector over the past few decades demands attention, as do the energy policies of the country's government to influence development. Greg Krafka of Winstead PC explores how Texas-based oil and gas companies are faring in China and discusses the major challenges and opportunities in the years ahead.

  • Understanding Reasonable Certainty In Int'l Arbitration

    Neil Steinkamp

    While reasonable certainty may not be precisely defined in federal or state courts, there is the possibility of even greater ambiguity when considered in the context of international arbitration, say Neil Steinkamp, Elizabeth Shampnoi and Robert Levine of Stout Risius Ross Inc.