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International Trade
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March 22, 2013
Xbox Doesn't Violate Motorola Patent, ITC Judge Says
Microsoft Corp. on Friday won the latest round in a patent battle over its Xbox gaming console as an administrative law judge at the International Trade Commission ruled the technology did not violate a wireless patent owned by Google Inc.'s Motorola Mobility Inc.
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March 22, 2013
Force-Fed Foie Gras Suit Lacks Legal Issue, Calif. Judge Says
A California federal judge on Friday tossed a lawsuit brought against the U.S. Department of Agriculture for allegedly violating of the Poultry Products Inspection Act by allowing the sale of force-fed foie gras, saying the scientific conclusion about the health risk should be left to the department.
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March 22, 2013
CIT Upholds Commerce's Duties On Chinese Tires
A U.S. Court of International Trade judge ruled Friday that the U.S. Department of Commerce had done enough to back a finding that Chinese tires imported by OTR Wheel Engineering Inc. were subject to countervailing and anti-dumping duties.
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March 20, 2013
Coal Export Fee Suit Against DOI Time-Barred, Judge Says
A federal judge on Wednesday tossed Coal River Energy LLC's challenge to the U.S. Department of the Interior's imposition of a fee on coal exports, which it uses to fund reclamation efforts for abandoned mines, saying it lacked jurisdiction because Coal River brought its claims too late.
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March 20, 2013
Jack Link's Jerky Gets 'Cured' Beef Tariff, CIT Says
The U.S. Court of International Trade on Wednesday shot down Link Snacks Inc.'s contentions that U.S. Customs and Border Protection assessed the wrong tariff rate on the company's beef jerky, finding that the agency had properly classified the products.
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March 20, 2013
Riddell Loses CIT Fight Over Football Clothing Duties
Sports apparel maker Riddell Inc on Wednesday lost its challenge in the U.S. Court of International Trade over the government's classification of its football pants, jerseys and girdles as general apparel as opposed to sports equipment, a distinction that subjects the items to continued duties.
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March 20, 2013
1st Circ. Affirms Chinese Exporters' Munitions Convictions
The First Circuit on Tuesday upheld the majority of the convictions of two Chinese nationals found guilty of violating export controls on sensitive electronics, but tossed out convictions on two counts of improperly exporting goods on the U.S. Munitions List.
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March 15, 2013
Ericsson Can't Add Patent Claims In Samsung ITC Suit
A U.S. International Trade Commission judge on Thursday denied Ericsson Inc.'s attempt to add patent claims to a case alleging infringement by Samsung Electronics Co. Ltd., saying the case was already very broad and additional claims would harm Samsung.
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March 15, 2013
ITC Clears Some Funai Products In LSI Patent Battle
A U.S. International Trade Commission judge has found that certain Funai Electric Co. Ltd. products don't infringe LSI Corp. and Agere Systems Inc. patents covering Internet-connected home entertainment products, according to a ruling released Friday.
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March 13, 2013
CIT Nixes Challenge To Byrd Amendment Payout Rules
The U.S. Court of International Trade on Wednesday tossed bearings maker Koyo Corp. of USA's suit claiming the Byrd Amendment was unconstitutional, finding the challenge was precluded by case law that had not been nullified by the U.S. Supreme Court.
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March 13, 2013
CIT OKs Shelving Duties Despite Constitutional Challenges
The U.S. Court of International Trade on Tuesday kept in place countervailing duties on kitchen appliance shelving imported from China, shooting down constitutional challenges to a law allowing the U.S. to impose countervailing duties on goods from nonmarket economy countries.
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March 12, 2013
ITC Finds LCD Backlight Patent In LG Case Invalid
A U.S. International Trade Commission administrative law judge has declared invalid a Taiwan-based research group's patent related to backlight modules used in liquid crystal displays, which the group alleges several LG Corp. units infringed, according to a decision released Monday.
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March 12, 2013
5th Circ. Nixes Parker Drilling Investor's FCPA Suit
The Fifth Circuit on Monday declined to revive a shareholder’s suit alleging directors of oil field services provider Parker Drilling Co. ignored a foreign bribery scheme that provoked a federal investigation and $16 million fine, saying a skipped procedural step was fatal to his case.
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March 8, 2013
Mushroom Co.'s Byrd Amendment Suit Tossed From CIT
A U.S. trade court on Wednesday dismissed a case filed by an American mushroom producer claiming it was unconstitutionally denied a cut of anti-dumping duties under the now-repealed Byrd Amendment, saying the legality of the defunct statute had already been settled.
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March 7, 2013
GCG Citric Acid Subject To Import Duties, Fed. Circ. Says
The Federal Circuit said Thursday that Global Commodity Group LLC should face U.S. import duties on citric acid from China, shooting down the company's argument that its merchandise fell outside the scope of the duty orders.
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March 6, 2013
SEC Shouldn't Sweat Gabelli, FCPA Attys Say
Last week's U.S. Supreme Court decision limiting the U.S. Securities and Exchange Commission's time to pursue enforcement actions would appear to curtail Foreign Corrupt Practices Act suits, which often drag on for years, but attorneys say the potential impact may not be that large.
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March 6, 2013
Fed. Circ. OKs Import Ban Over HP Printer Cartridge Patents
The Federal Circuit on Wednesday kept in place an import ban on certain ink-jet printer cartridges, shooting down a Taiwan-based manufacturer's challenge to a U.S. International Trade Commission ruling that found the imported cartridges infringed several Hewlett-Packard Co. patents.
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March 1, 2013
Credit Lyonnais Faces US Trial In Hamas Funding Suit
A federal judge on Thursday found that Credit Lyonnais SA will have to face trial in New York over allegations that it knowingly allowed a Hamas-linked group to maintain accounts and distributed funds that were used in terrorist attacks.
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February 26, 2013
Cypress Patents Found Valid In ITC Memory Tech Row
A U.S. International Trade Commission judge on Monday ruled that while he previously found that GSI Technology Inc.’s memory products don’t infringe Cypress Semiconductor Corp.'s patents for static random access memory technology, the patents in question are in fact valid.
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February 25, 2013
Chinese-Owned Co. Can't Nix Obama Bar To Wind Farm Deal
A Washington federal judge on Friday refused to rule on whether the Obama administration was right to put the kibosh on Ralls Corp.'s plans to buy four Oregon wind farm projects but allowed the Chinese-owned company to proceed with its Fifth Amendment due process claims to obtain answers.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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Insurers Too Must Heed Iran Sanctions
The U.S. Treasury Department’s Office of Foreign Assets Control recently made clear that it is taking a very broad view of the Iran Freedom and Counter-Proliferation Act of 2012 and related measures — specifically mentioning that activities undertaken by insurance brokers may be within the reach of such sanctions, say Christopher St. Jeanos and Miriam Bishop of Willkie Farr & Gallagher LLP.