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International Trade
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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.
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February 25, 2013
US, Rancher Resolve FCA Suit Over Milk Exports
The U.S. government on Friday reached an undisclosed settlement in Missouri federal court with two Wyoming ranchers who allegedly defrauded a government milk distribution program by illegally selling the dairy overseas, in violation of the False Claims Act.
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February 22, 2013
Chinese, Indonesian Paper Cos. Can't Lift Duties
The U.S. Court of International Trade has denied Chinese and Indonesian paper makers' challenge to countervailing and anti-dumping duties on coated paper imports, backing a determination that trade remedies were necessary to protect the domestic industry from cheaper foreign imports.
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February 22, 2013
Split Emerges After 11th Circ. Tosses Smuggling Convictions
The Eleventh Circuit on Friday vacated the convictions of two Miami-based importers charged with smuggling contaminated cheese into the United States, setting up a circuit split over the scope of a U.S. Customs and Border Protection importing regulation.
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February 22, 2013
DC Circ. Upholds USDA Almond Treatment Rule
The D.C. Circuit on Friday upheld a U.S. Department of Agriculture rule requiring domestic almond growers to pasteurize raw almonds to reduce the threat of salmonella outbreaks, finding that the plaintiffs waived their claims by not participating during the public comment period when the rule was proposed.
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February 21, 2013
Cargill, Mexico Settle Feud Over $95M NAFTA Fine
Agricultural products conglomerate Cargill Inc. has settled its suit in New York federal court against the Mexican government to compel it to pay a $94.6 million NAFTA fine for the country's import restrictions on U.S.-produced high fructose corn syrup.
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February 20, 2013
Rare Scolding In FCPA Case Shows SEC Can Go Too Far
The U.S. Securities and Exchange Commission isn’t used to hearing “no” in Foreign Corrupt Practices Act cases, but a New York federal judge drew a line in the sand Tuesday by declaring the agency had gone overboard in suing a former Siemens AG executive with no direct ties to the United States.
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February 20, 2013
Judge Raises Bar For SEC On FCPA Jurisdiction
The U.S. Securities and Exchange Commission lacks jurisdiction to bring Foreign Corrupt Practices Act claims against foreign nationals who don’t intend for their alleged misconduct to affect U.S. citizens, a New York federal judge ruled Tuesday, tossing claims against a former Siemens AG official.
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February 20, 2013
Rovi, Vizio Again Settle ITC Suit Over TV Patents
A U.S. International Trade Commission judge on Tuesday signed off on a deal resolving an infringement action between technology giants Rovi Corp. and Vizio Inc. over patents covering television programming guides and parental controls, less than a month after a similar deal was blocked by the commission for running afoul of ITC rules.
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February 19, 2013
ITC Sends Bosch Wiper Blade Patent Ruling Back To ALJ
The U.S. International Trade Commission on Friday reversed and remanded an administrative law judge's ruling that Corea Autoparts Producing Corp. and others didn’t infringe on a Robert Bosch GmbH unit’s patent for windshield wiper blades, finding the judge’s claim construction wasn't proper.
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February 15, 2013
Parker Drilling Faces $16M Charge To Resolve FCPA Probe
Parker Drilling Co. faces a nearly $16 million charge in a proposed settlement with U.S. authorities to resolve a bribery investigation of the company in countries including Kazakhstan and Nigeria, the Houston-based drilling services firm said Friday.
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February 14, 2013
UBS Not Liable For Terror Attacks, 2nd Circ. Rules
The Second Circuit on Thursday rejected a bid to revive a $500 million lawsuit alleging UBS AG aided and abetted several deadly terrorist attacks by funneling U.S. currency to Iran in violation of U.S. sanctions, ruling the plaintiffs hadn't plausibly tied the attacks to the bank’s actions.
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February 14, 2013
HTC Bests FlashPoint Patent Appeal In Fed. Circ.
The Federal Circuit on Thursday affirmed a U.S. International Trade Commission finding that HTC Corp. camera-equipped smartphones using the Android or Windows Phone 7 mobile operating systems don't violate a FlashPoint Technology Inc. patent covering digital image manipulation.
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February 13, 2013
FCPA Defendants Face Tougher Slog After Latest SEC Win
Often forced to settle civil Foreign Corrupt Practices Act cases, foreign citizens may find it even harder to fight the U.S. Securities and Exchange Commission’s claims after a landmark ruling Friday struck down two commonly used defenses, experts say.
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February 12, 2013
CIT OKs Zeroing In Commerce's Thai Plastic Bag Duty Review
The U.S. Court of International Trade on Monday upheld the Commerce Department's use of zeroing to calculate dumping margins in a review of duties on plastic bags from Thailand, saying the agency's use of the method was supported under the U.S. anti-dumping statute.
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February 11, 2013
Judge Cancels Hearing In DOJ's $20B Beer Merger Challenge
A Washington, D.C., federal judge Monday denied a bid by the U.S., Anheuser-Busch InBev NV and Grupo Modelo SAB de CV for a scheduling conference in the government’s antitrust challenge to InBev’s proposed $20.1 billion Modelo buy because the U.S. hasn’t responded to two other companies’ move to wade into the suit.
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February 11, 2013
Foley Won't Be Barred From Work On Glycine Dumping Duties
A Washington, D.C., federal judge decided Friday not to block Foley & Lardner LLP from representing Chinese glycine companies in a duty investigation, despite a Foley attorney's prior work for GEO Specialty Chemicals Inc., a major U.S. glycine producer.
Expert Analysis
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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.
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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.