Lawmakers are busy adjusting proposed legislation that aims to modernize the Committee on Foreign Investment in the United States, editing language that covers issues like intellectual property transfers, judicial reviews and proximity in real estate transactions. Here, Law360 reviews what lawyers need to know about how the potential changes could alter the CFIUS process.
An Illinois federal judge threw out a False Claims Act lawsuit against a company that imports steel pipe from China after finding Wednesday that the relator’s claims were already part of a U.S. Customs and Border Protection administrative penalty proceeding.
The U.S. Court of International Trade on Tuesday upheld the government’s method for determining the home market value of certain imported nails from the United Arab Emirates back in 2016, rejecting a domestic producer’s bid to use a different set of pricing data that may have resulted in a higher duty.
The Trump administration’s tariffs on steel and aluminum found another foe on Wednesday as the Indian government filed a formal World Trade Organization case alleging the U.S. used national security concerns as a veil to shield its producers from international competition.
New tariffs on steel from certain countries are creating uncertainty in the construction industry regarding which of various parties involved in contracts would bear the responsibility for increased costs should prices rise, and that's causing companies to closely examine their contracts, Gilbane Building Co. General Counsel Brad Gordon told Law360 in a recent wide-ranging interview.
The Federal Circuit on Tuesday overturned a Court of International Trade judge and found that the U.S. Department of Commerce had rightfully included a certain type of aluminum oven door handle imported from China within the scope of tariffs on similar products, capping off a winding, five-plus-year dispute.
Following a ruling from the World Trade Organization last week that the European Union continued providing illegal subsidies to aircraft giant Airbus in defiance of an earlier WTO ruling, the jet maker announced Tuesday that it is now in compliance.
The U.S. Department of Commerce on Monday finalized steep tariffs on imports of certain steel products from Vietnam that are partially made from Chinese components after concluding that Chinese producers were dodging U.S. import taxes by sending products to Vietnam first for processing.
Russia, Japan and Turkey are the latest governments to threaten the U.S. with retaliation over its steel and aluminum tariffs, according to World Trade Organization documents circulated Tuesday, marking the latest turn in a saga that could leave U.S. exporters facing upward of $3 billion in foreign levies.
European Union leaders gave the bloc the green light to pursue new trade deals with Australia and New Zealand on Tuesday and stressed the importance of linking up with the two powerful members of the Trans-Pacific Partnership, the Obama-era trade deal that the Trump administration has left in the dust.
Reinsurance giant Swiss Re said Tuesday that it is examining its options for future business in Iran following the threat of U.S. sanctions, as European insurers become increasingly wary of carrying on trade with Tehran.
The U.S. Supreme Court has agreed to review a D.C. Circuit decision holding that international organizations enjoy even more immunity from lawsuits than do foreign governments, taking up a case Monday from a group of Indian nationals suing the International Finance Corp. over a power plant project they say has wreaked havoc on the surrounding environment.
The U.S. departments of Commerce and State released a pair of complementary proposed rules on Monday, intended to broadly ease export restrictions for U.S.-made small arms not considered to be “inherently military” or otherwise able to give the U.S. a military advantage.
President Donald Trump has called an abrupt truce in his ever-escalating trade spat with China as the two powerhouses try and hammer out a broader agreement, marking the latest dramatic turn in a saga that has come to define the early stages of the administration’s economic policy.
The U.S. Court of International Trade on Friday asked the U.S. Department of Commerce to either reconsider or better explain some of the value choices it used in reviewing the anti-dumping duties it is seeking to impose on several Chinese companies that allegedly dumped solar cells on the U.S. market.
As areas devastated by the hurricanes of 2017 begin the rebuilding process, here are tips to avoid getting caught up in a situation like the tainted Chinese drywall fiasco that followed Hurricanes Rita and Katrina in 2005.
The U.S. International Trade Commission has opened an investigation into the importation of underwater telecommunications equipment by Texas-based Xtera Inc. and Florida-based MC Assembly LLC after Japanese consumer electronics firm NEC Corp. alleged the companies infringed its patent.
Economic and antitrust experts at a House subcommittee hearing Friday largely endorsed the latest version of legislation authorizing the Department of Justice to sue OPEC for conspiring to inflate oil prices, leading to soaring gas prices for American consumers.
Several Chinese-based companies must pay anti-dumping duties after importing certain stainless steel sinks into the United States for less than market value from 2016 to 2017, according to a final determination notice the U.S. Department of Commerce is scheduled to publish Monday.
President Donald Trump's decision to give Chinese telecom giant ZTE Corp. a reprieve following illicit sales to Iran and North Korea continued to receive bipartisan blowback as a congressional panel voted to keep ZTE cut off from the U.S. supply chain.
President Donald Trump has begun the process of renegotiating the North American Free Trade Agreement, fulfilling one of his bedrock campaign promises. As the administration prepares to reopen the agreement for the first time in 23 years, catch up on all of Law360’s latest coverage of NAFTA and what lies ahead for the U.S., Mexico and Canada.
The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.
Next month, Pakistan will be added back to the Financial Action Task Force’s “gray list” due to the country’s failure to adequately address terrorist financing activities within its borders. This action could result in western financial institutions and companies re-evaluating their business dealings in Pakistan and with Pakistani banks and counterparties, say attorneys with Kirkland & Ellis LLP.
In March, a Canadian gold and silver mining company agreed to pay nearly $1 million to the U.S. Securities and Exchange Commission over alleged violations of the U.S. Foreign Corrupt Practices Act. The case shows the risks faced by companies that fail to implement appropriate controls post-acquisition, particularly in the mining industry, says Collmann Griffin of Miller and Chevalier Chtd.
The U.S. International Trade Commission’s 2014 Realtek decision negatively impacts legitimate, domestic research and development by inserting hurdles that were neither required by the relevant statutory provisions nor consistent with the realities of how companies conduct and document their R&D efforts, says Rett Snotherly of Levi & Snotherly PLLC.
The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.
The United States effectively forced Chinese smartphone manufacturer ZTE to cease major operations this month, after the U.S. Department of Commerce blocked its access to vital U.S.-made components. The case puts into focus the Trump administration’s use of sanctions, anti-corruption and anti-money laundering laws as trade war weapons against economic rivals, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC.
The North American Free Trade Agreement's Investor-State Dispute Settlement provision has helped the U.S. domestic energy industry protect its cross-border investments. But the Trump administration has indicated a desire to eliminate the ISDS provision. Energy firms must stay aware of the dynamics of NAFTA renegotiation — and consider how a post-ISDS world would affect their business, say attorneys with WilmerHale.
Recent enforcement activity — including record-setting Foreign Corrupt Practices Act and economic sanctions penalties — confirms that the Trump administration is committed to the aggressive application of U.S. law abroad. Multinational companies need to prioritize managing the risks posed by laws governing U.S. exports and international conduct, say Gregory Husisian and Olivia Singelmann of Foley & Lardner LLP.
Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.
It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.