International Trade

  • June 02, 2020

    4 Highlights As Senators Eye FDA Actions On COVID-19

    Senate Finance Committee members Tuesday grilled U.S. Food and Drug Administration leaders for easing access to an unproven medication sold by a banned drugmaker for COVID-19 treatment and explored ways to reduce American reliance on overseas drug production. Here are four highlights from a contentious hearing.

  • June 02, 2020

    After $112M Loss, Control Co.'s Website Draws Contempt Fine

    A German seller of control systems for construction equipment faces a $10,000-a-day penalty for relaunching a sales website and violating a judge's order entered after it lost a $112 million trial to a former business partner, the federal judge in Oklahoma City ruled Tuesday.

  • June 02, 2020

    Rovi Tells Justices To Ignore ITC Flip-Flop In Comcast IP Row

    TiVo subsidiary Rovi has fired back against the U.S. International Trade Commission's call for the Supreme Court to unravel Rovi's win in a patent battle over Comcast's set-top boxes, arguing Tuesday that the agency is overstepping.

  • June 02, 2020

    Volvo, Jaguar Take Shippers To Court Over Cartel Damages

    Volvo and Jaguar are going after a host of shipping companies they say hurt their bottom line by overcharging for the price of roll-on, roll-off cargo services, the U.K. Competition Appeal Tribunal said on Tuesday.

  • June 02, 2020

    Telescope Buyer Hits Celestron With $350M Antitrust Suit

    An amateur astronomer has leveled a $350 million antitrust lawsuit accusing California-based telescope maker Celestron of illegally teaming up with a rival to pad prices, a conspiracy claim that has already won over a federal jury and saddled industry players with millions in damages.

  • June 02, 2020

    CIT Won't Yet Exempt Cos. From Nat'l Security Steel Duties

    The U.S. Court of International Trade refused to exempt two steel nail importers from national security duties on steel imports while they challenge the levy, ruling that the tariff doesn't spell "economic life or death" for the companies.

  • June 02, 2020

    Battle Against Banks Over Fake Nikes Heads To 2nd Circ.

    A group that's trying to collect on a $1.8 billion counterfeiting judgment over fake Nikes is asking the Second Circuit to force six Chinese banks to pay millions of dollars over accusations that they enabled the sale of illegal goods by flouting U.S. court orders.

  • June 02, 2020

    Vanadium Imports Latest Target Of National Security Probe

    The U.S. Department of Commerce announced Tuesday it will launch an investigation into whether vanadium imports threaten U.S. national security, marking the eighth probe of its kind that the department has conducted under President Donald Trump.

  • June 02, 2020

    US Looking Into Tariffs Against India, EU Over Digital Taxes

    The U.S. Trade Representative's Office announced Tuesday it was initiating investigations into India and other countries, as well as the European Union, that have enacted or are considering special taxes on digital companies, opening the door for potential retaliatory tariffs.

  • June 02, 2020

    UK Plans Own Carbon Emissions Trading System After Brexit

    Britain is planning a new system to trade carbon emissions to rival the European Union's existing scheme as the U.K. readies to leave the bloc when the Brexit transition period ends in December.

  • June 01, 2020

    Sheppard Mullin Sanctioned In $47M Telescope Antitrust Fight

    A California federal judge on Monday sanctioned a Chinese telescope maker and its former counsel at Sheppard Mullin for misrepresenting its oversight of document production during post-trial discovery following a $47 million antitrust judgment.

  • June 01, 2020

    FCC Commish Warns China Could Dominate Space Tech

    A Democratic commissioner at the Federal Communications Commission warned in a speech Thursday that the U.S. could repeat missteps it made in the wireless equipment market if it fails to get ahead of China in satellite broadband technology.

  • June 01, 2020

    Mexican Co. Faces Higher Duty For Bent Rebar

    A Mexican rebar producer will face expanded anti-dumping duties after the U.S. Department of Commerce determined on Monday that the company circumvented its duty order by slightly bending the ends of its bars before exporting them.

  • June 01, 2020

    DOD Bars Contractors From Using Russian Energy At Bases

    The U.S. Department of Defense barred federal contractors from using Russian-sourced energy to power American operating bases in Europe, in an attempt to shield the military installations from the "potential risk" of depending on Russian power.

  • June 01, 2020

    Trade Court Won't Touch Dumping Duty On Chinese Bearings

    The U.S. Court of International Trade on Monday rejected a Chinese company's challenge to a 92.85% anti-dumping duty on its roller bearings, finding the company should have raised its objections to Commerce before jumping to litigation.

  • May 29, 2020

    Ex-Judges Slam Flynn's Appeal In Dismissal Bid Fight

    A group of retired federal judges urged the D.C. Circuit on Friday to reject a petition by Michael Flynn asking the appeals court to order a judge to immediately grant the Trump administration's controversial request to dismiss the criminal case against the president's former national security adviser.

  • May 29, 2020

    Intel Chief Declassifies Transcripts Of Flynn's Russia Calls

    Newly confirmed Director of National Intelligence John Ratcliffe on Friday declassified the highly sought-after transcripts of Michael Flynn's conversations with a Russian ambassador to the U.S. during President Donald Trump's transition to office in December 2016.

  • May 29, 2020

    COVID-19 IP Catch-Up: Remdesivir Access, Zoom TM Security

    The novel coronavirus pandemic has continued to cause delays and waivers in the patent and trademark worlds, and also has led to questions about who owns the rights to a key antiviral drug and whether Zoom should be concerned about its trademark.

  • May 29, 2020

    Digital Taxes Face International Legal Gantlet

    Special taxes on digital companies seem almost inevitable as the novel pandemic heightens focus on the tech sector, but they could face legal challenges under both international trade and tax rules as countries begin to collect.

  • May 29, 2020

    Gov't Contracts Of The Month: Virus, Space And Google Deals

    The federal government looked to the future in May, injecting $1.2 billion into AstraZeneca's candidate COVID-19 vaccine and infusing billions into the U.S.'s space-bound ambitions. Other megadeals include remediation of a nuclear site and Google's partnership with the Pentagon.

  • May 29, 2020

    Trade Court Finds US Customs Rightly Labeled Pants Fibers

    The U.S. Court of International Trade on Friday rejected a New York-based importer's challenge to the tariff classification of its polyester women's pants that were hit with a 28.2% duty, finding that the government properly labeled the apparel.

  • May 29, 2020

    ITC Says US Industry May Be Harmed By Steel Wire Imports

    There is reasonable evidence to suggest that the U.S. industry is hurt by steel wire imports from overseas, the U.S. International Trade Commission said Friday in voting to continue an investigation into imports from 15 countries.

  • May 29, 2020

    Texas Justices Won't Rehear Dispute Over Tax-Free Zone

    The Texas Supreme Court on Friday denied a request for a rehearing in a tax dispute over whether an oil importer storing products in a foreign trade "subzone" can claim the subzone's exemptions from local property taxes.

  • May 29, 2020

    Trump Says He Will Peel Away Hong Kong's Trade Status

    President Donald Trump announced on Friday that he will begin to strip away Hong Kong's special trading status in the wake of the U.S. Department of State's determination that the region is no longer autonomous from China, further ratcheting up his showdown with Beijing.

  • May 28, 2020

    Ex-USPTO Head, Retired Judge Back China Pharma IP Reform

    Speaking to IP attorneys at a virtual event Wednesday, the former USPTO director and a retired Federal Circuit chief judge agreed that the pandemic and ongoing US-China trade talks have created a "golden opportunity" to urge China to reform its patent laws to make them friendlier to pharmaceutical innovators.

Expert Analysis

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Compliance Tips For Development Bank COVID-19 Projects

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    Companies that bid on projects financed wholly or in part by multilateral development banks to combat the crises caused by the pandemic must have appropriate anti-corruption mechanisms in place to limit the risks of sanctions investigations several years down the road, say Lauren Muldoon and Spencer Bruck at Orrick.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • How Anti-Terrorism Act Extension Affects Mainstream Cos.

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    Expansion of the Anti-Terrorism Act to include secondary aiding and abetting claims, in conjunction with a stream of pro-plaintiff legislation, is increasing both liability and loss-of-reputation risk for private companies and banks operating in troubled foreign regions, say attorneys at Skadden.

  • Where We Are In The US Trade Secret Crackdown On China

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    As the U.S. Department of Justice continues to focus on prosecuting trade secret theft by China, U.S. companies are also filing private civil lawsuits against Chinese companies in federal courts, relying on both the Defend Trade Secrets Act and state trade secret laws, say attorneys at Wiggin and Dana.

  • Opinion

    Keystone XL Ruling Paralyzes Infrastructure Permit Process

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    A Montana federal judge's recent ruling revoking water permits for the Keystone XL pipeline and imposing a nationwide moratorium on dredging and filling operations by the U.S. Army Corps of Engineers seriously undermines a tried and true regulatory process, say Tom Magness at Grow America's Infrastructure Now and Patrice Douglas at Spencer Fane.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • New Trade Appeals Venue Won't Permanently Fix WTO Issues

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    The Multiparty Interim Appeal Arbitration Arrangement allows participating countries to appeal trade disputes during the effective freeze of the World Trade Organization Appellate Body caused by the U.S. blockade of judicial appointments to the body, but the limited membership of the arrangement means countries still require a long-term resolution to the WTO's judicial crisis, says Bashar Malkawi at the Dubai Rulers Court.

  • Aquaculture, Fishing Cos. Stand To Net Big Gains From Aid

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    A recent Trump administration executive order and a plan to distribute CARES Act funding to aquaculture and fishing businesses represent ambitious new federal support for these industries, and stakeholders should engage proactively as spending plans and application processes are developed, say attorneys at K&L Gates.

  • Pandemic Elevates Cos.' Compliance Risks In Latin America

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    While Latin American governments respond to pandemic-related financial needs, multinational companies face elevated compliance risks from increased interaction with government officials, and new enforcement policies related to the misappropriation of funds, expedited government contracting, increased transparency and monitoring, and international cooperation, say attorneys at K&L Gates.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • What OFAC Means By A Risk-Based Approach To Compliance

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    Even though the Office of Foreign Assets Control has acknowledged COVID-19 challenges, the agency still expects companies to take a risk-based approach to sanctions compliance by routinely updating programs that reflect their individual business models, customer bases and geographic operations, say Mario Mancuso and Abigail Cotterill at Kirkland & Ellis.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

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