International Trade

  • November 22, 2017

    Senate Panel Unveils Homeland Security Funding Bill

    The Senate Appropriations Committee on Tuesday released a budget bill for the U.S. Department of Homeland Security, with the legislation allocating money for “border barriers” and funds for more border patrol agents.

  • November 22, 2017

    GAO Says DHS Uniforms Mostly Foreign-Made, Despite Policy

    Despite a statutory requirement that the U.S. Department of Homeland Security purchase uniforms and body armor made by U.S. manufacturers, exemptions to the policy mean that DHS and its component agencies actually get the majority of their uniforms from foreign sources, the U.S. Government Accountability Office said on Tuesday.

  • November 22, 2017

    Comcast X1 Set-Top Boxes Infringed 2 Rovi Patents, ITC Says

    The U.S. International Trade Commission has banned the import of certain Comcast Corp. set-top boxes after finding the media company and its video equipment suppliers infringe two patents owned by TiVo’s Rovi Corp.

  • November 22, 2017

    WTO Dispute Roundup: Stage Set For High-Stakes Gulf Battle

    In Law360's latest look at the World Trade Organization's Dispute Settlement Body proceedings, a battle among Gulf States that will test the WTO's third-rail national security provisions forged ahead, while the gridlock over Appellate Body vacancies became further entrenched.

  • November 22, 2017

    Enviros' Keystone XL Suits Can Proceed, Judge Says

    A Montana federal judge on Wednesday refused to nix a pair of suits challenging the revival of the Keystone XL pipeline, saying that the federal government can't evade environmental challenges simply because President Donald Trump delegated permitting authority for the controversial project to the U.S. Department of State.

  • November 22, 2017

    US Trade Rep Worried NAFTA Talks Making No Headway

    The fifth round of the North American Free Trade Agreement talks concluded on relatively peaceful terms Tuesday, with the parties vowing to continue their work and find a path forward for the 1994 pact, even as U.S. Trade Representative Robert Lighthizer said he remained “concerned about the lack of headway.”

  • November 22, 2017

    What NAFTA Renegotiating Objectives Mean For Arbitration

    Updated renegotiation objectives for the North American Free Trade Agreement that the Trump administration released in recent days have provided more insight into its stance on investment arbitration. Here, Law360 lays out what you need to know.

  • November 21, 2017

    CIT Stifles Auto Suppliers' Bid To Stonewall Foil Duties

    The U.S. Court of International Trade turned away a suit to halt early tariffs on imported Chinese foil Monday, ruling that a group automotive suppliers jumped the gun in arguing that the U.S. Department of Commerce did not issue the duties on time.

  • November 21, 2017

    2 Chinese Tire Cos. To Pay Toyo $1.6M In Contempt Sanctions

    Two Chinese tire companies must pay $1.6 million for violating a 2014 judgment barring them from making and selling tires that are “confusingly similar” in appearance to a tire built by Toyo Tire & Rubber Co. Ltd., a California federal court said Monday, granting much of Toyo’s contempt motion.

  • November 21, 2017

    ITC Proposes Tariffs To Curb Samsung, LG Washer Imports

    After concluding last month that Whirlpool was hampered by surging washing machine imports from competitors like LG and Samsung, the U.S. International Trade Commission on Tuesday proposed a set of tariffs that would penalize the companies for exceeding an import quota over the next three years.

  • November 21, 2017

    Texas Man Gets 4 Years For $6.4M Diamond Fraud Scheme

    A Texas federal judge on Tuesday ordered a Dallas businessman to forfeit about $3.79 million together with two co-conspirators in a diamond investment fraud scheme, also sentencing him to nearly four years in prison and two years of supervised release.

  • November 21, 2017

    Treasury Sanctions Chinese, N. Korean Companies Over Trade

    The U.S. Department of Treasury said Tuesday that it had sanctioned four Chinese companies and a slew of North Korean companies and vessels in an effort “to disrupt North Korea's illicit funding of its unlawful nuclear and ballistic missile programs.”

  • November 21, 2017

    Del. Court Nixes Committee Delay For M&G USA Sale Hearing

    A Delaware bankruptcy judge declined Tuesday to postpone a Dec. 11 sale hearing for M&G USA Corp.’s $1.7 billion Chapter 11, but delayed for 10 days a final hearing on the global plastic resin supplier’s $100 million debtor-in-possession loan.

  • November 21, 2017

    Coffee Bean Origin Country Is Where Roasted, Customs Says

    U.S. Customs and Border Protection on Tuesday published its final determination that, for the purpose of government procurement, the country where raw green coffee beans are roasted is the country of origin, on the grounds that the roasting substantially changes the product.

  • November 21, 2017

    Judge Suggests Anonymous Jury In Iran Sanctions Trial

    A New York federal judge on Tuesday suggested using an anonymous jury in the upcoming trial of Turkiye Halk Bankasi AS executive Mehmet Hakan Atilla on charges of scheming to dodge U.S. sanctions against Iran, following reports that “third parties” have contacted people involved in the case.

  • November 21, 2017

    US-China WTO Brawl Still Drawing Other Members' Interest

    A high-stakes World Trade Organization battle over the U.S. policy toward China in anti-dumping probes, which was recently escalated through a case targeting aluminum foil, caught the eyes of other members this week as Japan, Canada and the European Union all requested to keep tabs on the dispute.

  • November 20, 2017

    M&G, DIP Lender Slam Creditor Call To Sideline Sale, Loan

    Bankrupt plastics maker M&G USA Corp., its debtor-in-possession lender and top secured creditor hit back Monday at an unsecured creditor's call to delay hearings on the company's bid and sale procedures, warning that the company has no options and dwindling cash.

  • November 20, 2017

    US Accuses Chinese NGO Head, African Ex-Official Of Bribery

    A New York federal court unsealed charges Monday accusing the head of a Chinese nongovernmental organization and a former Senegalese foreign minister who met at the United Nations of bribing African officials to gain business advantages for a Chinese energy and financial services conglomerate.

  • November 20, 2017

    State Dept. OKs $10.5B Patriot Missile Sale To Poland

    Poland has the go-ahead from federal officials to buy up to $10.5 billion in Raytheon Co.-made Patriot missiles and related equipment, as the U.S. Department of State has approved the sale, the Defense Security Cooperation Agency stated on Friday.

  • November 20, 2017

    Trump Calls North Korea State Sponsor Of Terror

    President Donald Trump on Monday placed North Korea on the nation’s list of state sponsors of terror, pledging that the isolated nation will soon be hit with the “highest level of sanctions” in a bid to counter its nuclear proliferation agenda.

Expert Analysis

  • Amarin Case Demonstrates Limits Of ITC Jurisdiction

    Matthew Rizzolo

    Last month, the U.S. International Trade Commission declined to institute a Section 337 investigation based on a complaint brought by Amarin Pharma Inc. This decision, departing from the ITC's typical practice, provides insight into the ITC's jurisdiction and deference to sister government agencies, say Matthew Rizzolo and Vladimir Semendyai of Ropes & Gray LLP.

  • SDNY Case Raises Provocative Questions On US Jurisdiction

    Louis Rothberg

    U.S. v. Reza Zarrab, set to start trial this month in the Southern District of New York, is likely to affect the manner in which entities and individuals decide to comply with the Office of Foreign Assets Control's secondary sanctions and represents a critical interpretive question regarding the International Emergency Economic Powers Act, say attorneys with Morgan Lewis & Bockius LLP.

  • Remaining Questions About US Paris Agreement Withdrawal

    Silvia Maciunas

    Last week’s annual meeting of the 23rd Conference of the Parties addressed, among other issues, implementation of the Paris climate change agreement. The U.S. has already submitted a notification of its intention to withdraw from the agreement, but because it has been submitted early, it is unclear whether it will satisfy the withdrawal requirements, says Silvia Maciunas of The Centre for International Governance Innovation.

  • A Look At Argentina’s New Anti-Corruption Law

    kim Nemirow

    Argentina took a significant step this month in its efforts to combat corruption. The law creates corporate criminal liability and will have a material impact on a number of companies that now must comply or face significant potential penalties or debarment, say Kim Nemirow and Lucila Hemmingsen of Kirkland & Ellis LLP and Gustavo Morales Oliver of Marval O'Farrell & Mairal.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Creditors’ Options In Venezuela’s Disorderly Default

    Javier Rubinstein

    By analyzing the case law from Argentina’s default in 2001 and the terms of the Venezuelan bonds, it is possible to predict how a disorderly default might play out in Venezuela's debt crisis. Attorneys with Kirkland & Ellis LLP examine key elements from Argentina’s default in order to predict whether history is likely to repeat itself.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • High Court May Quash PTAB, But ITC Practice Will Live On

    Lisa Kattan

    It seems at first glance that the U.S. Supreme Court’s upcoming decision in Oil States v. Greene's on the constitutionality of inter partes review could cement the fate of the U.S. International Trade Commission as well. But there are two important distinctions between the Patent Trial and Appeal Board and the ITC, say Lisa Kattan and Lauren Dreyer of Baker Botts LLP.

  • The Conspiracy And FBAR Charges Against Manafort, Gates

    Robert Adler

    The charges against Paul Manafort and Richard Gates differ in significant respects from similar cases where the government has charged a Klein conspiracy as well as a willful failure to file reports of foreign bank and financial accounts, says Robert Adler of Nossaman LLP.