International Trade

May 15, 2013
Wall Street To FCPA Enforcers: Bring It On

Foreign Corrupt Practices Act prosecutors have Wall Street in their crosshairs after suing two traders at New York broker-dealer Direct Access Partners LLC last week, but experts say the hyper-vigilant industry is ready for any clampdown.
May 15, 2013
Obama's 1st Term Rulemaking Rate Soars By Bush's Mark

President Barack Obama has pushed through a significantly higher number of major rules over the last four years than former President George W. Bush did during his own first term, according to a report by the research arm of Congress.
May 15, 2013
Argentina Files WTO Complaint Over EU Biodiesel Rules

Argentina filed a formal complaint against the European Union with the World Trade Organization on Wednesday, challenging European rules for the importation and marketing of biodiesel.
May 15, 2013
Water Projects Spending Bill Sails Through Senate

The U.S. Senate approved a water resources law in an 83-14 vote Wednesday, sending the U.S. Army Corps of Engineers water projects spending bill to the U.S. House of Representatives for the first time since 2007 and clearing a Texas senator's amendment aimed at holding Mexico to water treaty obligations.
May 15, 2013
Nokia Urges High Court To Keep NPE Suits Out Of ITC

Nokia Corp. asked the U.S. Supreme Court on Friday to overturn the Federal Circuit's rule that allows nonpracticing entities to file patent suits at the U.S. International Trade Commission simply by showing that they license their patents.
May 15, 2013
EU Rolls Out Anti-Dumping Duties On Chinese Ceramics

The European Union on Wednesday finalized anti-dumping duties on cheap imports of ceramic tableware and kitchenware from China that it found were harming European manufacturers.
May 15, 2013
Apple Points To EU Antitrust Ruling In Import Ban Fight

Apple Inc. again urged the U.S. International Trade Commission on Tuesday to reject Samsung Electronics Co. Ltd.'s attempts to ban imports of certain iPhones and iPads into the U.S., arguing a similar bid by Motorola Mobility LLC in Germany was found to violate European antitrust law.
May 14, 2013
Texas Sen. Cornyn Seeks To Push Mexico On Water Treaty

Sen. John Cornyn, R-Texas, on Tuesday put forward an amendment to a water resources law calling on the Obama administration to force Mexico to uphold its water obligations to the U.S. under a 1944 water sharing treaty to stem a growing water shortage in his home state.
May 14, 2013
ITC Asked To Probe Samsung, Others Over Music-Sharing Tech

Black Hills Media LLC seeks to expand litigation against Samsung Electronics Co. Ltd., LG Electronics Inc. and others it accuses of importing products into the U.S. that infringe patents for its music-sharing technology, requesting on Monday that the U.S. International Trade Commission open an investigation into several types of electronic devices.
May 14, 2013
Delta Asks DC Circ. To Shut Down $3.4B Air India Loan

Delta Air Lines Inc. on Tuesday urged the D.C. Circuit to revoke $3.4 billion in loans guaranteed by the Export-Import Bank of the U.S. that allow Air India Ltd. to purchase 30 planes, saying the bank ignored the effects of the added route competition on U.S. airlines.
May 14, 2013
EU Regulators Raid Sugar Producers Over Cartel Concerns

European Union regulators raided the locations of sugar producers in multiple European Union member states in April over concerns that they were engaging in cartel activity, the European Commission's competition chief said Monday.
May 14, 2013
US Sets Dumping Rates On Thai Plastic Bag Exporters

The U.S. Department of Commerce has determined that companies in Thailand are importing plastic bags into the country at below normal market value and set preliminary dumping rates on several foreign businesses, according to a notice published Tuesday.
May 14, 2013
Pantech Licenses FlashPoint Imaging Tech To Exit ITC Suit

Korean smartphone maker Pantech Co. Ltd. has reached a deal to resolve accusations that it imported phones and tablets that infringed FlashPoint Technology Inc.'s digital camera patents, according to a settlement approved Friday by the U.S. International Trade Commission.
May 14, 2013
Mintz Levin Adds CPSC Chief Of Staff To Product Safety Group

Mintz Levin Cohn Ferris Glovsky & Popeo PC said Monday that Matthew Howsare, chief of staff and chief counsel to the chairwoman of the U.S. Consumer Product Safety Commission, will join the firm’s consumer product safety practice in its Washington office later this month.
May 13, 2013
US-EU Free Trade Talks Shouldn't Touch Privacy, EPIC Says

The Electronic Privacy Information Center on Friday urged the U.S. government to steer clear of privacy issues in upcoming talks on a comprehensive trade and investment deal with the European Union, saying that the topic is too complex and would derail negotiations.
May 13, 2013
UK Deferred Prosecution Law May Avoid FCPA Pitfalls

By adopting deferred prosecution agreements but subjecting the deals to heavy court oversight, the U.K. may sidestep some of the criticism that has plagued U.S. prosecutors during a recent Foreign Corrupt Practice Act offensive, attorneys say.
May 13, 2013
Obama, Cameron Push Comprehensive US-EU Trade Deal

President Barack Obama and British Prime Minister David Cameron vowed to move ahead with completing a comprehensive trade agreement between the U.S. and the European Union to bolster economic growth as the heads of state met Monday to discuss international trade and global security.
May 13, 2013
Nintendo Scores Fed. Circ. Win In Wii Controller IP Row

The Federal Circuit ruled Monday that Nintendo Co. Ltd.'s imported Wii video game system did not infringe Motiva LLC’s wireless controller patents, saying Motiva’s failure to commercialize its patented technology had nothing to do with Nintendo’s subsequent presence in the market.
May 13, 2013
ITC Won't Revoke Anti-Dumping Orders On Ukrainian Fertilizer

Existing anti-dumping duty orders on fertilizer from Ukraine should stay in place to avoid harming the domestic industry, the U.S. International Trade Commission said Monday.
May 13, 2013
Overseas Discovery Blocked In InterDigital ITC Dispute

A U.S. International Trade Commission judge on Friday halted efforts by Samsung Electronics Co. Ltd. and Huawei Technologies Co. Ltd. to compel certain foreign licensees of InterDigital Inc.'s wireless patents to reveal the terms of their contracts, calling the attempts premature.

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Expert Analysis

Bringing Japan Into TPP Talks Is An Important Opportunity

The U.S. recently backed Japan’s entry into the Trans-Pacific Partnership talks. Japan’s participation makes the trade agreement potentially much more lucrative for U.S. exporters — but only if the historic formal and informal barriers that have marred bilateral U.S.-Japan trade relations for decades can somehow actually be addressed, says Terence Stewart of the Law Offices of Stewart and Stewart.
Cyprus Bailout: Potential Recourse For Lost Investments

Large depositors in Cyprus’s two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan, say attorneys with Morgan Lewis & Bockius LLP.
How To Perform A Corruption Risk Assessment

Virtually every authoritative source of guidance on effective anti-corruption compliance emphasizes the importance of conducting a companywide risk assessment. Companies may be tempted to gloss over this step, but without a clear vision of its particular corruption risks, a company's compliance efforts may turn out to be needlessly costly, inefficient and ineffective, say attorneys with K&L Gates LLP.
Turnover Under Ch. 15: In Re AJW Offshore

What happens when a foreign representative wishes to exercise rights or powers under provisions of the Bankruptcy Code that are neither expressly included nor excluded in the UN's Model Law on Cross-Border Insolvency? In In re AJW Offshore Ltd., the U.S. Bankruptcy Court for the Eastern District of New York addressed this silent zone in considering a foreign representative’s request for turnover of records pursuant to sections 542 and 543, says Kevin Ray of Greenberg Traurig LLP.
Spending Bill's China Cybersecurity Provision Is Unclear

The vague language of the China cyber-espionage provision in the continuing resolution to fund federal agencies through the rest of the fiscal year might be problematic because it could potentially apply to any part of a company’s supply chain. The provision also raises potentially significant international trade issues, say attorneys with Hogan Lovells LLP.
What Do Staub And Sharef Really Tell Us?

While SEC v. Straub and SEC v. Sharef have provoked considerable commentary, they provide little, if any, insight for corporations in how to handle areas in which FCPA jurisdiction plays a key role, such as foreign acquisitions, joint ventures and successor liability. Moreover, the holdings appear to be closely wedded to the specific facts, rather than an illuminating new principle, say Robb Adkins and Krista Enns of Winston & Strawn LLP.
Cos. May See More Compliance Rules After Kolcraft

The recent settlement between the U.S. Consumer Product Safety Commission and Kolcraft Enterprises Inc. has generated concerns over the CPSC’s future intentions with civil penalty settlements. The inclusion of compliance-related provisions in the Kolcraft settlement marks a significant departure from long-standing CPSC practice in penalty proceedings involving reporting violations, says Paul Laurenza, Dykema Gossett PLLC.
Beyonce, Jay-Z’s Cuba Trip Highlights Embargo Restrictions

Though it is likely that little, if anything, will come of Beyonce and Jay-Z's recent trip to Cuba once politicians and the media move on to the next hot topic, their travel does serve as a reminder for the 400,000 U.S. citizens who travel to Cuba each year that there are specific limitations that apply to these trips, say Lindsey Nelson and Grayson Yeargin of Nixon Peabody LLP.
Ins And Outs Of Iran Disclosure In SEC Filings

Although the annual reporting season has ended for many public companies, the determination whether disclosure under the Iran Threat Reduction and Syria Human Rights Act of 2012 is required must be performed on a quarterly basis, say Laura Richman and Michael Hermsen of Mayer Brown LLP.
More International Insolvencies Test Limits Of Ch. 15

With more cross-border insolvencies being filed, and more petitions for recognition of foreign proceedings coming before U.S. bankruptcy courts, it is clear that the outlines of Chapter 15 will continue to be limned. It is also clear that the question of comity in Chapter 15 proceedings will figure prominently in those proceedings and in the continued development of this area of the law, says Kevin Ray of Greenberg Traurig LLP.

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