International Trade

August 17, 2018
Labor Unions Makes NAFTA Pitch As Endgame Looms

The AFL-CIO spearheaded a call for robust labor protections in the revised North American Free Trade Agreement Friday, putting pressure on negotiators to improve the accord's worker accommodations as officials aim to deliver a political-level deal in the next few weeks.
August 16, 2018
Will Law Schools Start Counting ‘Generation ADA’?

No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.
August 16, 2018
Fed. Circ. Upholds Duties On Compression Garments

The Federal Circuit on Thursday upheld a U.S. Court of International Trade ruling that Sigvaris Inc. can't escape duties for compression sleeves and stockings it imports, albeit taking a different approach from the CIT as to why a physical handicap exception doesn’t apply.
August 16, 2018
Where Vegetables End And Sauces Begin: A Customs Story

The U.S. Court of International Trade ruled Thursday that olive tapenade and artichoke antipasto are most properly classified as sauces rather than preserved vegetables, a distinction that allows them to be imported duty-free under the North American Free Trade Agreement.
August 16, 2018
NJ Man Charged With Illegal Import Of Scorpions, Millipedes

A New Jersey man was arrested for allegedly smuggling shipments of live scorpions, millipedes and other invertebrate species into the U.S., Craig Carpenito, the U.S. attorney for the District of New Jersey, announced Thursday.
August 16, 2018
Korean Manufacturer Challenges Higher Duty On Pipe Imports

Korean pipe producer Nexteel Co. Ltd. has challenged the U.S. Department of Commerce’s decision to nearly quadruple a duty imposed on imports of welded line pipes from South Korea, urging the U.S. Court of International Trade to scrap the results of the agency’s review.
August 16, 2018
A Chat With Ogletree Knowledge Chief Patrick DiDomenico

In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.
August 16, 2018
China Takes Broad WTO Swipe At US Clean Energy Rules

The Chinese government has filed a pair of World Trade Organization cases challenging U.S. safeguard tariffs on solar panels as well as a series of state-level renewable energy rules that allegedly discriminate against foreign companies, according to WTO documents published Thursday.
August 15, 2018
State Dept. Must Do New Study For New Keystone XL Route

A Montana federal judge Wednesday ordered the U.S. Department of State to supplement an environmental review it submitted for an old version of the Keystone XL pipeline’s planned route through Nebraska, while declining to vacate the permit of approval issued by President Donald Trump.
August 15, 2018
9th Circ. Backs Dismissal Of $2B Mexican Contract Case

The Ninth Circuit on Wednesday affirmed a lower court decision to dismiss a Mexican corporation’s multibillion dollar lawsuit against a Mexican government-owned salt mining company over an allegedly breached deal for a lucrative salt production byproduct, saying the U.S. court lacked jurisdiction.
August 15, 2018
9th Circ. Won't Revive $600M Antitrust Row Against Mitsubishi

The Ninth Circuit affirmed Wednesday a lower court decision tossing a $600 million antitrust suit against Mitsubishi Corp. related to its joint ownership of a Mexican government-owned salt company, agreeing that U.S. courts can’t interfere in matters involving government acts within that government's own borders.
August 15, 2018
WTO Appellate Body Faults Indonesian Steel Duty

The World Trade Organization’s Appellate Body on Wednesday affirmed a panel’s decision that Indonesia flouted global trade rules with a duty on imports of certain flat-rolled iron or steel products, agreeing that the tariff wasn’t applied evenly.
August 15, 2018
Suniva Can Move Forward With Creditor Equipment Eviction

Bankrupt solar cell maker Suniva Inc. can begin eviction proceedings against its largest unsecured creditor after a Delaware judge denied the creditor's bid Wednesday for a temporary restraining order that would have allowed its production equipment to remain in the debtor's Georgia facility.
August 15, 2018
WTO Dispute Roundup: Aircraft, Food Fights Trudge Along

In Law360's look at Wednesday's special session of the World Trade Organization Dispute Settlement Body, the long-running aircraft fight between the U.S. and European Union prepares to enter a new phase and the U.S. gears up to retaliate against Indonesia in a fight over food barriers.
August 15, 2018
CIT OKs Dumping Duty Calculation Used For Chinese Nails

The U.S. Court of International Trade has upheld the decision-making and methodology used by the U.S. Department of Commerce in determining that Stanley Black & Decker and a related entity should pay anti-dumping duties on nails originating from China.
August 15, 2018
Fed. Circ. Reverses ITC Import Ban On Diebold ATMs

The Federal Circuit on Wednesday reversed a finding from the U.S. International Trade Commission that financial services company Diebold Nixdorf Inc.'s imported ATMs infringe a patent owned by a rival ATM manufacturer, nixing several of the patent's claims as too indefinite.
August 15, 2018
Rising Star: Sidley Austin's Sven De Knop

Sidley Austin’s Sven De Knop has handled complex cases before Europe’s highest court, successfully representing a variety of multinational clients in European trade proceedings, earning him a place as one of five international trade attorneys under age 40 honored as Law360 Rising Stars.
August 14, 2018
How One Firm Moved The Needle On Disability Inclusion

This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.
August 14, 2018
CFIUS Reform Is No Death Knell For Chinese Buyers

A newly signed law overhauling the Committee on Foreign Investment in the United States has sparked concern in China, but concerns that the country would face tougher reviews than it has in the past are likely unfounded.
August 14, 2018
US Asks To DQ Atty In Sub-Tech Case Who Reps China’s Gov’t

The U.S. Attorney's Office asked a Massachusetts federal court Tuesday to disqualify an attorney for a man accused of illegally exporting submarine-detection equipment for a Chinese military institute, saying the lawyer’s simultaneous representation of the Chinese government creates a “serious potential conflict of interest.”

Editor's Picks

Keep Up With The Latest NAFTA Developments

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.

Expert Analysis

Series

Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.
How FIRRMA Will Change National Security Reviews: Part 2

The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.
How FIRRMA Will Change National Security Reviews: Part 1

The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.
Distributors Expose Health, Life Sci Cos. To FCPA Risks

All companies operating abroad should be aware of potential liability under the Foreign Corrupt Practices Act and other anti-corruption laws, but health care and life sciences companies are at greater risk due to the nature of their products and their reliance on third-party distributors in international markets, say attorneys at Ropes & Gray LLP.
An Update, Not A Transformation, Of CFIUS Review Process

The Foreign Investment Risk Review Modernization Act, a reform of the review process overseen by the Committee on Foreign Investment in the United States, has just been signed into law. But to a great extent, it merely codifies CFIUS’ current practice of expansively interpreting its jurisdiction, stretching review timelines and taking a broad view of national security, say attorneys with Paul Hastings LLP.
Interview Essentials For Attorneys On The Move

Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.
Roundup

Clerking For Ginsburg

Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.
Series

Clerking For Ginsburg: 3 Surprises

It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.
What Cos. Must Know About The Return Of Iran Sanctions

President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.
How Taxpayers Are Taking To Tax Reform So Far

The effects of last year’s tax overhaul, the most significant since 1986, have not been as drastic as some expected. Still, taxpayers have begun to adjust and a number of significant trends are emerging, say Nickolas Gianou and Sally Thurston of Skadden Arps Slate Meagher & Flom LLP.

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