International Trade

  • October 16, 2017

    CIT Grants Commerce Wide Berth On Turkish Pipe Duty

    The U.S. Court of International Trade on Monday backed a 14 percent duty on a Turkish rectangular-pipe company based on the Department of Commerce's determination that it provided incorrect information regarding a property tax subsidy, finding that U.S. trade law, buttressed by a 2015 update, granted Commerce “wide latitude” when it found the company did not fully cooperate.

  • October 16, 2017

    Leave Retrans Fees Out Of NAFTA Talks, Cable TV Cos. Say

    Cable TV system operators told the U.S. trade representative Friday that requiring Canadian cable providers to negotiate agreements for carrying American broadcast content as part of the North American Free Trade Agreement revisions would be a drag on the industry.

  • October 16, 2017

    WTO Members Balk At China's Bid For Small Biz Preferences

    World Trade Organization members have expressed concern with a Chinese proposal to offer special assistance to small and medium-sized businesses that are targeted in trade enforcement cases, the WTO disclosed on Monday, noting members were cautious about going down a road of preferential treatment.

  • October 16, 2017

    Convicted Mogul Wants Private Huddle With China Diplomats

    The Chinese real estate boss convicted by a jury of bribing two ex-U.N. diplomats asked a Manhattan federal court Monday for a private meeting with Chinese officials to discuss his “conditions and treatment” in the U.S., where he is on house arrest while awaiting sentencing.

  • October 16, 2017

    UK Banks On Alert As New Sanctions Watchdog Sets Sights

    A new British financial sanctions watchdog is increasingly targeting banks and other financial services, leading lawyers to warn that firms need to ramp up compliance and set up proper defenses as the sector waits for the agency to dish out its first punishment.

  • October 16, 2017

    Commerce Upholds Vietnam Nail Duties As Challenge Looms

    The U.S. Department of Commerce said Monday it is maintaining countervailing duties north of 300 percent on steel nails from Vietnam, against the backdrop of a challenge from importers of zinc masonry anchors who say the duties are being applied too broadly.

  • October 16, 2017

    US-Canada WTO Scrap Still Piquing Winemakers' Interest

    An unusual World Trade Organization dispute between the U.S. and Canada over the latter's purported restrictions on foreign wine reaching its grocery stores continued to draw interest from the world's top wine producers Monday as Argentina requested to formally monitor the case.

  • October 16, 2017

    UK Financial Sanctions Enforcer Probing 60 Cases

    British investigators are opening, on average, one new investigation a week into alleged financial sanctions breaches committed by U.K. regulated banks and businesses, records obtained by Law360 show.

  • October 13, 2017

    Alice Worries Turn To Admiration For Fed. Circ. Judge

    As a first-year judge in 2014, Federal Circuit Judge Raymond Chen remembers feeling concerned that the U.S. Supreme Court’s Alice decision was “broad and conceptual in its guidance.” But three years on the bench have shown him the wisdom of the high court’s incremental approach, Judge Chen said in a keynote speech at an intellectual property summit in Los Angeles on Friday.

  • October 13, 2017

    Solar Co. Suniva Gets OK For $3M Boost To DIP Loan

    A Delaware bankruptcy judge on Friday allowed solar panel maker Suniva Inc. to take on roughly $3 million in additional post-petition financing the debtor said was needed to keep up its unusual restructuring efforts that hinge on prosecuting an import relief case before the U.S. International Trade Commission.

  • October 13, 2017

    Houlihan Lokey Seeks Early Out From Formula Maker Suit

    A financial adviser that provided analysis to baby formula maker Synutra International Inc. in a $125 million take-private bid last year asked a Delaware Chancery Court judge on Thursday to be dismissed from the case because aiding and abetting claims lodged against it aren't backed up by any facts in a shareholder complaint.

  • October 13, 2017

    Fed. Circ. Affirms Smartphone Makers' ITC Win Under Alice

    The Federal Circuit on Friday upheld a U.S. International Trade Commission ruling that found a Creative Technology Ltd. media player patent is invalid under the U.S. Supreme Court’s Alice decision, sealing a win for various smartphone makers, including Sony Corp. and Samsung Electronics Co. Ltd.

  • October 13, 2017

    Footwear Importer To Pay $1.6M Fine, Other Shoe Yet To Drop

    The U.S. Court of International Trade granted the U.S. government a $1.6 million summary judgment award against a shoe importer Thursday over “grossly negligent” product misclassification, and left a penalty of up to $20.8 million on the table pending other questions in the case.

  • October 13, 2017

    Saleswoman Dodges Prison In $30M Russia Export Scheme

    A former electronics saleswoman linked to a $30 million illegal Russian microchip export scheme was sentenced to time served and two years of supervised release Thursday, after she was found guilty of conspiracy to commit wire fraud, a New York federal judge said.

  • October 13, 2017

    Elephant Trophy Ban Faces Tough DC Circuit Bench

    A skeptical D.C. Circuit panel Friday suggested the U.S. Fish and Wildlife Service bypassed its required rulemaking process when it banned imports of sport-hunted African elephant trophies from Zimbabwe.

  • October 13, 2017

    Trump Puts Iran Deal Under Scrutiny, Threatens To Withdraw

    President Donald Trump announced Friday that the U.S. will put its landmark nuclear agreement with Iran under close review, and vowed that he will not hesitate to terminate the accord if efforts to work with lawmakers to strengthen its provisions fall short.

  • October 13, 2017

    Australia Wants To Keep Tabs On US-Canada WTO Wine Battle

    The Australian government has asked for a seat at the table in a brewing World Trade Organization dispute brought by the U.S. targeting Canadian restrictions on the sale of foreign wine in its grocery stores, according to a WTO document circulated Friday.

  • October 13, 2017

    No Transition Deal Before Late 2018, Pro-Brexit Lawyers Say

    The European Union cannot legally agree to a transition period for Britain's departure until late 2018, and the U.K. must be prepared to leave without a trade deal until the last minute of negotiations, a pro-Brexit legal group warned Thursday.

  • October 13, 2017

    UK Gov't Faces Legal Test Over Secret Brexit Impact Studies

    Opponents of Brexit have threatened the government with legal action over its refusal to release 50 internal studies into the impact on several sectors of the U.K. economy of Britain leaving the European Union.

  • October 12, 2017

    Energizer Wins A Counterfeit Suit As Duracell Launches One

    Energizer won a suit claiming trademark infringement against a small competitor in Illinois federal court Wednesday, while the nation’s other largest battery brand, Duracell, filed suit in the same court accusing an importer of trademark violations for selling foreign batteries in the U.S.

Expert Analysis

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • The Future Of Standard-Essential Patents At The ITC

    Bryan J. Vogel

    For the second time in four years, the U.S. International Trade Commission has been asked to exclude products from import into the United States based on standard-essential patents. The Fujifilm case is a potential opportunity for the ITC to clarify what the proper test is for essentiality in the absence of a contractually agreed-upon definition, say Bryan Vogel and Derrick Carman ​​​of Robins Kaplan LLP.

  • An Important Message For Midsized Government Contractors

    Thomas McVey

    Government contracts firms frequently ask questions about the application of International Traffic In Arms Regulations requirements, including how ITAR is applied to small and midsized companies. The Bright Lights case squarely addresses many of these questions, says Thomas McVey of Williams Mullen.

  • UK Prime Minister's Speech Fails To Provide Clarity

    David Mundy

    U.K. Prime Minister Theresa May's speech in Florence last month was intended to create momentum in the ongoing Brexit negotiations, but has been criticized as vague and insubstantial. It seems that for the time being, the U.K. government's attitude toward Brexit negotiations is to wait for a solution to turn up, says David Mundy of Bircham Dyson Bell LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • The Clock Is Ticking For US Reinsurance Credit Laws

    David Alberts

    Last month, the U.S. Department of the Treasury, U.S. Trade Representative and the European Union executed the covered agreement finalizing approaches regarding controversial areas of insurance regulation. The U.S. must begin deliberations on the federal preemption of state insurance laws inconsistent with the covered agreement by July 2020, say attorneys with Mayer Brown LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Revoking Sudan Sanctions Brings New Prospects, Old Risks

    Brendan Hanifin

    Revocation of the Sudanese Sanctions Regulations will create additional opportunities for U.S. companies to do business in — and with — Sudan. Effective Oct. 12, the step also follows a broader trend across U.S. sanctions policy in favor of narrower sanctions targeting specific actors and categories of transactions, say attorneys with Ropes & Gray LLP.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.