International Trade

  • February 23, 2018

    Air Unions Fight To Upend Norwegian Air Permit At DC Circ.

    Airline unions urged the D.C. Circuit Friday to upend the U.S. Department of Transportation's grant of a foreign air carrier permit to Norwegian Air Shuttle ASA's Irish subsidiary, arguing all they need for standing for the challenge is market entry by a competitor that allegedly will undercut labor standards.

  • February 23, 2018

    Trump Taps Former USTR Atty For Int'l Trade Commission

    President Donald Trump intends to nominate a former U.S. Trade Representative attorney for a seat on the U.S. International Trade Commission, the White House said Friday.

  • February 23, 2018

    Tax Reform Seen Prompting Few Transfer Pricing Settlements

    The new U.S. tax on deemed repatriated offshore earnings could encourage the Internal Revenue Service to settle some pending transfer pricing cases, but it won’t cause the agency to abandon most of those assessments, practitioners told Law360.

  • February 23, 2018

    Nixing NAFTA Arbitration Provision Would Touch New Ground

    A proposal under consideration by the U.S. to eliminate investor-state dispute resolution from the North American Free Trade Agreement would mark a sharp departure from previous administration policy and likely set a precedent for future trade negotiations, experts say.

  • February 23, 2018

    Pentagon Favors 'Targeted' Steel, Aluminum Tariffs

    The U.S. Department of Defense has endorsed hitting imports of steel and aluminum with “targeted” tariffs rather than across-the-board enforcement measures, according to a memo released by the Trump administration late Thursday.

  • February 23, 2018

    Valeant Says Stomach Ulcer Drug Is Being Imported Unfairly

    Valeant Pharmaceuticals Inc. filed a claim with the U.S. International Trade Commission alleging that three American companies sold in the U.S. "falsely and misleadingly labeled" drugs containing clidinium bromide that purported to be generic versions of Valeant's stomach ulcer drug Librax, in violation of the Tariff Act of 1930.

  • February 23, 2018

    State Dept. Approves $3.2B Patriot Missile Sale To Sweden

    The U.S. State Department has approved the possible sale of Patriot missiles to Sweden in a deal worth an estimated $3.2 billion, saying the weapons system would help ensure the security of the strategically important country.

  • February 23, 2018

    Canada Says It Has No Plans To Nix Arbitration From NAFTA

    A Canadian trade official refuted reports that Canada has proposed to the U.S. eliminating the North American Free Trade Agreement's investor-state dispute settlement provision, telling Law360 on Thursday that if the U.S. intends to opt out of the provision, Canada will focus on a bilateral arbitration mechanism with Mexico.

  • February 23, 2018

    US Squeezes N. Korean Shipping Sector With New Sanctions

    The Trump administration on Friday unveiled a slew of new sanctions aimed at cracking down on North Korea’s shipping industry, flexing its muscle in what the president deemed the “largest ever” sanctions package imposed against the country.

  • February 23, 2018

    China's New VPN Crackdown 'Troubling,' US Tells WTO

    The U.S. expressed concern Friday over China’s new internet access rules that seem to impose restrictions on virtual private networks, telling the World Trade Organization that China has not provided the proper assurance on the rules’ effects on cross-border business before they come into force next month.

  • February 22, 2018

    Tax Law Could Keep IP From Leaving, Treasury Official Says

    An international provision in the new tax law might not result in U.S. companies bringing intellectual property back home, but the measure could keep them from moving more assets outside of American borders, a U.S. Treasury official said Thursday at a conference in Houston.

  • February 22, 2018

    Chamber Seeks Clarity For Tax Law's Repatriation Rules

    The U.S. Chamber of Commerce has asked Treasury and IRS officials to clarify the terms of recent guidance that give multinational corporations some wiggle room in determining the amount of offshore income eligible for a one-time discounted tax rate under the newly enacted tax cut law.

  • February 22, 2018

    ALJ Urges Ban On Some Imported Optical Fiber Coatings

    An administrative law judge has recommended that the International Trade Commission bar certain coatings for optical fibers imported from China because of alleged patent infringement, according to a notice to be published in the Federal Register on Friday.

  • February 22, 2018

    Commerce To Probe Rubber Band Imports From 3 Countries

    The U.S. Department of Commerce has initiated investigations into whether rubber bands imported from China, Sri Lanka and Thailand had been subsidized or dumped in the U.S. and sold at unfairly low levels, Commerce announced Wednesday.

  • February 22, 2018

    Feds Have To Search For More Keystone Docs, Judge Says

    A Montana federal judge on Wednesday said the federal government must take a look at what documents it has pertaining to the Keystone XL pipeline to see if it has produced everything it is required to for two suits brought by activist groups challenging the pipeline’s revival.

  • February 22, 2018

    Japan Knocks Down Korea's Post-Fukushima Trade Barriers

    The World Trade Organization on Thursday struck down South Korea’s ban on Japanese fish in the wake of the 2011 Fukushima nuclear disaster, ruling that Seoul structured its safeguards in a way that was more trade-restrictive than necessary to protect public health.

  • February 22, 2018

    Commerce Finalizes Argentine, Indonesian Biodiesel Duties

    The U.S. Department of Commerce unveiled a final set of tariffs on biodiesel imports from Argentina and Indonesia late Wednesday, affirming its earlier finding that the merchandise had been sold in the U.S. at unfairly low prices.

  • February 21, 2018

    Fiber Optics Tech Is Getting Wrong Duties, Fed. Circ. Told

    ADC Telecommunications Inc. told the Federal Circuit on Wednesday that the U.S. Court of International Trade incorrectly upheld a U.S. Customs and Border Protection classification of fiber optic modules, saying the products had nothing to do with human vision and should have been classified under a duty-free designation.

  • February 21, 2018

    Lawmakers Push Senate To Fully Restock Ex-Im Bank's Board

    A bipartisan group of 68 member of Congress on Tuesday signed a letter urging U.S. Senate leaders to quickly move forward on filling four vacant seats on the board of the beleaguered Export-Import Bank so that it can return to full functionality.

  • February 21, 2018

    Trade Group Says New Drawback Rules Causing Confusion

    Many importers are confused about changes that take effect this week to the rules governing refunds of customs duties paid on imported goods that are subsequently exported, according to free-trade group the American Institute for International Steel. 

Expert Analysis

  • E-Commerce Boom Means New Roles For Shipping Cos.

    Carlos Rodriguez

    The e-commerce explosion will continue in full force this year, and will bring transportation intermediaries — such as forwarders, nonvessel operating common carriers, customs brokers and indirect air carriers — more into the third-party logistics and fulfillment space. This is inevitable for those who intend to survive and grow, says Carlos Rodriguez of Husch Blackwell LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • The Base Erosion And Anti-Abuse Tax: An Introduction

    Introducing The Base Erosion And Anti-Abuse Tax

    The new base erosion and anti-abuse tax generally imposes a 10 percent minimum tax on a taxpayer’s income determined without regard to tax deductions arising from base erosion payments. In this video, Daniel Nicholas and Margaret Pope of Eversheds Sutherland LLP offer a brief overview of the tax, and a simplified example of the BEAT calculation.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Why Blockchain’s Impact On The Retail Sector Is Growing

    Scott Kimpel

    Retail and consumer products companies can no longer afford to ignore blockchain as a passing trend. From tracing the source of a defective item, to verifying products' authenticity, to simplifying international shipping, to streamlining consumer loyalty programs, blockchain is increasingly becoming a valuable tool, say Scott Kimpel and Mayme Beth Donohue of Hunton & Williams LLP.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • CFIUS Scrutiny Of Foreign Acquisitions Intensifies

    John Barker

    The environment for foreign investment in the United States is shifting. Most recently, the Chinese acquisition of MoneyGram was derailed after the Committee on Foreign Investment in the United States rejected proposals offered to try to mitigate national security concerns. At the same time, U.S. legislation to enhance CFIUS controls seems to be gaining momentum, say attorneys with Arnold & Porter.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Cos. Take Note: Singapore Plans Deferred Prosecutions

    Daniel Chia

    The government of Singapore recently announced that it may implement a deferred prosecution agreement framework, similar to those under the United States’ Foreign Corrupt Practices Act and the United Kingdom’s Bribery Act. Corporations doing business in Asia should review policies and procedures against illegal activity, say Daniel Chia and Kenneth Kong of Morgan Lewis & Bockius LLP.