International Trade

  • September 20, 2017

    New Group Aims To Protect American IP In Trade Deals

    Trade associations from the entertainment, art, medical and technology industries announced a new partnership Tuesday with a mission to advance creativity and innovation while facing the challenge of enforcing their intellectual property internationally.

  • September 20, 2017

    EU Court Scratches End Of Poultry Subsidy On Technicality

    The Court of Justice of the European Union on Wednesday cited a procedural error in annulling a regulation that eliminated a subsidy on poultry meat, but the court said the regulation would remain in effect until a new measure was adopted.

  • September 20, 2017

    As 3rd NAFTA Negotiation Looms, Calls For Change Pour In

    Industry groups and lawmakers like U.S. Sen. Elizabeth Warren have ramped up calls this week for what a new North American Free Trade Agreement should look like, as trade officials from the U.S., Canada and Mexico are set to meet this weekend for a third round of negotiations.

  • September 20, 2017

    Coy On Details, Trump Makes Decision On Iran Nuke Deal

    U.S. President Donald Trump said Wednesday he has decided whether to recertify Iran’s compliance with a 2015 nuclear deal, as Iranian President Hassan Rouhani blasted him for his “hateful rhetoric” regarding the deal and, more broadly, Iran.

  • September 20, 2017

    SEIA Say Broke Solar Cos. Lack Plan In Tariff Bid To ITC

    The Solar Energy Industries Association blasted Suniva and SolarWord Tuesday for failing to submit a customary plan to regain viability as they ask the International Trade Commission to tax all solar imports, but Suniva responded the same day, saying their hands were tied by bankruptcy court.

  • September 20, 2017

    Commerce Begins Japan, Kazakhstan Sponge Dumping Probe

    The U.S. Department of Commerce confirmed Wednesday in the Federal Register that it will move forward with an investigation into whether titanium sponge production in Kazakhstan was being subsidized by the government there and dumped in the U.S. by that country and Japan at less-than-fair value.

  • September 19, 2017

    Feds Want 5 Years For Money-Laundering Korean Scientist

    Federal prosecutors told a California federal court on Monday that the former head of South Korea’s government-funded earthquake research program who was convicted of laundering bribery proceeds in the United States should be sentenced to nearly five years in prison, pushing back on his bid for a much shorter prison stay.

  • September 19, 2017

    Veon Must Face Investor Class Action, With Some Limits

    A New York federal judge on Tuesday ruled that European telecommunications company Veon Ltd., which admitted to paying bribes in Uzbekistan, can’t escape a proposed class action for failing to disclose its crimes to investors, finding that the suit was “in large part” strong enough to survive dismissal.

  • September 19, 2017

    EU's Bid For A Global Investment Court Won't Come Easy

    The European Union is taking its landmark investment arbitration reform effort global with a formal bid to launch talks for a multilateral investment court, but resistance from investors and a lack of clarity about political momentum suggests a long and contentious path for Brussels.

  • September 19, 2017

    Canada Won't Back Down From Boeing-Bombardier Dispute

    Canada will continue to push back against Boeing’s trade dispute with Canadian rival Bombardier even if Boeing wins a related dispute, Canadian Prime Minister Justin Trudeau said Tuesday, a day after threatening to cut off business with Boeing unless it drops its complaint.

  • September 19, 2017

    Lobster Thief Ordered To Fork Over $30M To South Africa

    A New York federal judge on Tuesday ordered a man who plundered South African lobster fisheries from 1987 to 2001 to fork over more than $30 million to the country, bumping up a previous restitution award after the poacher dodged his obligation to pay back victims of the overharvesting.

  • September 19, 2017

    Lawmakers Urge Trump To Fight Unfair Labor Practices

    Four Democratic legislators on Tuesday urged the Trump administration to work on countering foreign labor practices they say cost U.S. jobs and undercut American workers.

  • September 19, 2017

    Hitachi Metals Hits Chinese Rivals With ITC Trade Secrets Suit

    Hitachi Metals filed a complaint at the U.S. International Trade Commission on Tuesday alleging that a number of Chinese companies have violated the Tariff Act by selling and importing into the U.S. amorphous metals manufactured using misappropriated trade secrets.

  • September 19, 2017

    Pipe Co. Tells CIT Its Flanges Not Subject To Dumping Duty

    A pipe company has filed a lawsuit in the Court of International Trade that contests a Department of Commerce determination that iron pipe flanges it imported from China fall under anti-dumping duties on pipe fittings.

  • September 19, 2017

    EU Top Court Adviser Says Arbitration Clauses Are Legal

    An arbitration clause included in an investment treaty between the Netherlands and Slovakia does not violate European Union law, a top legal adviser at the bloc's highest court concluded on Tuesday in a finding that goes against the long-standing position of the European Commission.

  • September 19, 2017

    UK Offers Overseas Investment Insurance For Political Risk

    Britain’s export credit agency is to offer U.K. businesses wider access to government-backed insurance to protect firms investing abroad against political risk, the government’s international trade minister said on Tuesday.

  • September 18, 2017

    Content-Makers Call For Stronger Copyright Rules In NAFTA

    An association of creative content producers has argued that the "overly-broad, outdated" safe harbor provisions of the Digital Millennium Copyright Act should not factor prominently into a reworked North American Free Trade Agreement, saying the trade groups that stumped for the provisions to the U.S. Trade Representative represented not content producers as claimed but tech giants.

  • September 18, 2017

    'Flawed' Calculation Caused Inflated Forfeiture: Lobster Thief

    Counsel for a man who plundered South African lobster fisheries from 1987 until 2001 took issue Monday with a New York federal judge’s decision that his client needs to forfeit an additional $37.2 million, saying that number was based on the price of whole lobsters, rather than the tails that were actually sold.

  • September 18, 2017

    Sony's Headphone Patent Rehearing Bid Nixed Under Nautilus

    Without elaborating on its reasoning, the full Federal Circuit on Monday unanimously denied Sony Corp. and other tech companies’ request to reconsider the revival of wireless headphone patents that One-E-Way Inc. accused them of infringing before the International Trade Commission.

  • September 18, 2017

    US Still Fighting Boeing Subsidy Ruling At WTO

    Despite scoring a near-total win in the European Union’s World Trade Organization challenge of subsidies and tax breaks given to aircraft titan Boeing, the U.S. government has nevertheless lodged an appeal looking to undo adverse portions of the decision, according to WTO documents circulated Monday.

Expert Analysis

  • What’s Next For North Korea Sanctions

    Harry Dixon

    On Sept. 11, 2017, in response to North Korea’s continued development of an intercontinental ballistic missile program, the U.N. Security Council passed a new round of sanctions. It begs the question of whether sanctions are even effective against the "Hermit Kingdom," says Harry Dixon of Taylor English Duma LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • CFIUS Continues To Present Obstacle To Chinese Acquisitions

    Brendan Hanifin

    Although presidential intervention to block a planned acquisition is relatively rare, President Donald Trump’s executive order last week blocking Canyon from acquiring Lattice was not especially surprising in light of recent precedent, the cautious approach of the Committee on Foreign Investment in the United States, and public statements by the Trump administration regarding China, say attorneys with Ropes & Gray LLP.

  • Opinion

    On CFIUS Reform, We Must Proceed With Caution

    DJ Rosenthal

    While some proposed changes to the Committee on Foreign Investment in the United States may be justified, others could undermine confidence in CFIUS as an unbiased institution acting in a fair and even-handed manner, says DJ Rosenthal, co-chairman of the CFIUS advisory practice at Kroll Associates.

  • Why A Hanjin Fleet Came To Hong Kong

    Dean Young

    The demise of Korea’s Hanjin Shipping Co. Ltd. was the largest bankruptcy of a container line in history, and recently resulted in the biggest ever court sale of ships in Hong Kong, totaling over $600 million. Hong Kong’s legal system makes it an ideal venue for ship mortgage enforcement, say attorneys with Mayer Brown JSM.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Sanctions Compliance Lessons From Recent OFAC Actions

    Mike Casey

    Three recent enforcement actions by the Office of Foreign Assets Control illustrate that OFAC is increasingly bringing cases against nonfinancial institutions, taking aggressive jurisdictional and interpretative positions, and focusing its efforts on Iranian sanctions. Financial and nonfinancial institutions should therefore assess their sanctions risk, say attorneys with Kirkland & Ellis LLP.

  • Inside China's New Policies On Overseas Investments

    Lester Ross

    Several policies and rules were introduced in 2016 and 2017 to tighten China's control and supervision of overseas investment activities, including new guidelines promulgated last month. These policies impose a much stricter regulatory regime, raise hurdles for cross-border currency outflows, and place particular emphasis on certain areas, say Lester Ross and Kenneth Zhou of WilmerHale.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.