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International Trade
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January 4, 2013
Repsol Can't Sue YPF Partners After Takeover, Bridas Says
The Argentine government's nationalization of energy firm YPF SA from Repsol SA does not entitle Repsol to pursue legal action against those that wish to do business with YPF, according to Bridas International SA, which filed suit Thursday against the Spanish oil and gas company in New York state court.
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January 2, 2013
Samsung, Nokia, Others Face ITC Suit Over 4G Patents
InterDigital Inc. said Wednesday that it had launched parallel complaints in Delaware and the U.S. International Trade Commission accusing Samsung Electronics Co. Ltd., Nokia Inc. and others of importing 3G and 4G wireless devices that infringe up to seven of its patents.
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December 21, 2012
Electronics Co.'s $30M Exports Broke Iran Embargo, Feds Say
An Iranian firm, its subsidiaries and employees have been charged with conspiring to defraud the U.S. by illegally exporting more than $30 million in American electronics to Iran, the U.S. Attorney's Office in Alexandria, Va., said Wednesday.
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December 19, 2012
Chinese Nationals Tried To Take US Military Tech, Feds Say
Two Chinese nationals have been accused by federal authorities of attempting to smuggle out of the U.S. technology used in missile and military radar systems, according to an indictment unsealed Tuesday in Oregon.
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December 13, 2012
Siemens Sued For $1.5B Over Alleged Mexican Oil Bribes
Petroleos Mexicanos, Mexico’s state-owned oil company, hit Siemens AG with a $1.5 billion suit filed in New York federal court Wednesday, alleging the conglomerate bribed government officials to secure a lucrative refinery construction contract as part of a criminal scheme.
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December 5, 2012
Feds Charge 4 Over Carbon Fiber Exports To Iran, China
Federal prosecutors in New York on Wednesday accused four men of working to export materials from the U.S., including carbon fiber that can be used in uranium enrichment and military munitions, to China and Iran in violation of the International Emergency Economic Powers Act, which restricts such exports.
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December 5, 2012
US Shipping Law Supports Antitrust Breaches, Suit Says
Purchasers of ocean shipping services hit the U.S. with a proposed class action in Hawaii federal court last week, alleging that a law meant to protect American shippers from foreign rivals let purchasers fall prey to the anti-competitive behavior of two shipping companies.
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December 4, 2012
Repsol Targets Chevron Over YPF Oil Development Deal
Spanish oil company Repsol SA hit Chevron Corp. with a lawsuit in New York federal court Tuesday in an effort to block its partnership with YPF SA, which was previously controlled by Repsol, to develop oil and gas resources in Argentina.
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December 4, 2012
Talbots Claims 'Sexist' Tariffs Flout Constitution
Women's clothing retailer The Talbots Inc. on Thursday challenged the U.S. government’s imposition of higher duties on certain imported merchandise for women than on similar goods for men, arguing such a gender-based skew is unconstitutional because it violates the due process clause.
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December 3, 2012
Repsol To Dispute Argentina's YPF Takeover At World Bank
Spanish oil company Repsol SA said Monday it has lodged a complaint with the World Bank's arbitration body, seeking to resolve a dispute with Argentina over the country's recent nationalization of YPF SA, which was formerly under Repsol's control.
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November 28, 2012
Argentina Wins Stay On Court-Ordered Bond Payments
Argentina and a group of bondholders won a victory in the Second Circuit Wednesday, when the court stayed an order preventing the nation from paying interest to the bondholders unless it first paid other bondholders who have refused to go along with a restructuring of the country's $80 billion in defaulted debt.
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November 28, 2012
Scottsdale Sued For Firm Choice In Suit Over Customs Bonds
Insurer Kingsway America Agency Inc. on Tuesday accused Scottsdale Indemnity Co. of appointing a law firm that may have a conflict of interest in defending Kingsway in litigation over $2.7 million in losses from the issuance of allegedly subpar customs bonds.
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November 26, 2012
ITC To Probe Alleged Chinese Silica Brick Dumping
The U.S. International Trade Commission will consider whether the import of silica bricks from China that are allegedly being sold at unfairly low prices is harming domestic producers of the furnace construction material, according to a notice published in Friday's Federal Register.
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November 19, 2012
Carbon Importer Disputes Anti-Dumping Calculation At CIT
An importer of Chinese activated carbon on Monday challenged the recently issued results of an anti-dumping review conducted by the U.S. Department of Commerce, claiming before the U.S. Court of International Trade that the agency erred in conducting its calculations of the tariffs.
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November 14, 2012
Cargill Sues Mexico For $94.6M NAFTA Corn Syrup Award
Agricultural products conglomerate Cargill Inc. filed a lawsuit in New York federal court Tuesday to force the Mexican government to pay a $94.6 million NAFTA fine over the country's import restrictions on U.S.-produced high fructose corn syrup.
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November 7, 2012
Jury Awards VirnetX $368M In Patent Fight Against Apple
A Texas federal jury on Tuesday ordered Apple Inc. to pay $368 million for infringing four VirnetX Holding Corp. patents through its popular FaceTime application, a sizable verdict handed down the same day VirnetX filed a new complaint expanding the scope of its patent fight with the computer giant.
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November 6, 2012
Investor Sues United Technologies Board Over China Exports
A United Technologies Corp. shareholder has launched a derivative suit against the defense contractor's board claiming it allowed, and then tried to conceal, the export of military technology to China that resulted in a $55 million civil penalty against the company, according to documents made public Monday.
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November 5, 2012
China Hits EU With WTO Case Over Green Energy Subsidies
China lodged a formal challenge with the World Trade Organization on Monday over European subsidies aimed at spurring renewable energy production, firing the latest volley in Beijing's ongoing green energy trade fight with the European Union and the United States.
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November 1, 2012
Investor Says Hershey Complicit In Child Labor Violations
A pension fund shareholder sued The Hershey Co. in Delaware court Thursday for access to internal records, alleging the iconic chocolate company is complicit in child labor violations by African cocoa suppliers.
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October 30, 2012
Deacero Challenges Wire Rod Dumping Duties In CIT
Mexico’s Deacero SA de CV on Monday lodged a complaint in the U.S. Court of International Trade challenging anti-dumping duties on steel wire rod handed down in September, saying the Commerce Department improperly changed the scope of products covered by the duty order.
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.