International Trade

April 18, 2019
2 Commissioners Rip FTC's 'Made In USA' Settlements

Two commissioners of the Federal Trade Commission on Wednesday disavowed the agency's settlements with sporting goods companies that allegedly sold imported equipment under a "Made in USA" label, saying the “no money, no fault” agreements won’t deter rule breakers.
April 18, 2019
WTO Hands Trump A Win In China Agriculture Dispute

A World Trade Organization panel on Thursday mostly sided with the Trump administration in its dispute over China’s administration of tariff-rate quotas on imports of rice, corn and wheat, finding that Beijing has largely flouted trade commitments calling for it to administer the quotas fairly and transparently.
April 18, 2019
ITC Sees Modest Gains, Higher Car Prices Under New NAFTA

The U.S. International Trade Commission said Thursday that the Trump administration's renegotiated North American Free Trade Agreement would yield modest increases to U.S. employment and the gross domestic product, but also warned the deal's new rules could raise the prices of American cars and trucks.
April 18, 2019
FERC Approves 2 LNG Projects But Remains Split On Climate

The Federal Energy Regulatory Commission on Thursday approved two U.S. Gulf Coast liquefied natural gas export projects, but commissioners remain clearly divided over how the agency should evaluate the climate change impacts of such projects.
April 18, 2019
Taiwanese, US Companies Contest Steel Nail Duties At CIT

A Taiwanese producer and a California-based importer of steel nails have filed a complaint with the U.S. Court of International Trade challenging the tariffs imposed by the U.S. Department of Commerce in a review of their steel nail imports.
April 18, 2019
Trump Eyes Retroactive Punishment In NAFTA 2.0 Car Rules

The Trump administration on Thursday touted its changes to the North American Free Trade Agreement’s automotive rules as a boon for the economy and also outlined a retroactive punishment system for companies that do not follow the new rules within five years.
April 18, 2019
US Allies Float Proposal To Resolve WTO Appellate Standoff

The Japanese and Australian governments have joined forces to propose new reforms to the World Trade Organization’s Appellate Body in a bid to end the Trump administration’s stonewalling of Geneva’s highest legal authority, according to a WTO document published Wednesday.
April 17, 2019
Manufacturers Sue Gov't Over Rule Trimming Duty Refunds

The National Association of Manufacturers lodged a suit Wednesday against U.S. Customs and Border Protection and the Treasury Department, asking the Court of International Trade to nix a regulation limiting when U.S. companies can get a refund on duties or taxes collected on imports after exporting similar products.
April 17, 2019
Trump Admin Expands Lawsuits Over Seized Cuban Assets

The Trump administration said Wednesday it will implement a long-dormant provision of the Helms-Burton Act that allows lawsuits over property seized by the Cuban government after Fidel Castro came to power, putting companies doing business on the island in the litigation crosshairs and sparking ire from U.S. trading partners.
April 17, 2019
Escape Hatch Remains For Judges Accused Of Misconduct

Recent changes empowering judicial authorities to conduct institutional reviews of alleged misconduct after a judge retires are a step in the right direction, advocates say, but do they go far enough? (This article is part of a series examining sexual harassment in state courts.)
April 17, 2019
Atty Posted Confidential Info In Face Of DQ Bid, Rival Says

An attorney representing families of banana farmers accusing Chiquita Brands International Inc. of funding murderous South American paramilitaries is blasting the class' lead counsel for allegedly posting confidential material in response to his attempts at disqualifying the counsel.
April 17, 2019
How Importers Are Weathering Trump's Tariff Storm

President Donald Trump’s deluge of tariffs on steel, aluminum and scores of products from China has put import-reliant businesses in a bind as they adjust to the new realities of the White House’s aggressive trade policies and attempt to soften their impact.
April 17, 2019
Toshiba Seeks New Suitors For LNG Biz After ENN Deal Dies

Toshiba said Wednesday that it will be entertaining new bids for its U.S. liquid natural gas business after Chinese company ENN's planned takeover of the unit failed to secure regulatory clearance in the U.S. and China.
April 17, 2019
EU Proposes $20B Of Potential Tariffs In US Aircraft Fight

Planes, frozen fish and ketchup are some of the U.S. imports that may soon be hit with tariffs from the European Union, according to a list published Wednesday of $20 billion in potential tariffs, the latest development in the two governments’ long-running trade fight over illegal aircraft subsidies.
April 17, 2019
Key House Member Backs DOJ On Upped FARA Enforcement

The ranking member of the House Judiciary Committee sent a letter to Attorney General William Barr on Wednesday offering support for enforcing and reforming the Foreign Agent Registration Act, a law meant to track lobbying by foreign entities in the United States.
April 17, 2019
Federal Courts' #MeToo Response Is A Guide For State Courts

Recent workplace assessments from two groups in the federal judiciary are instructive for state courts that choose to similarly review their misconduct policies and address the significant power imbalances that can silence victims.
April 17, 2019
FCC To Oppose Chinese Telecom's US Expansion, Pai Says

In a first-of-its kind move, the Federal Communications Commission is positioned to oppose a Chinese telecommunications company's request to expand its operations into the United States based on national security concerns, Chairman Ajit Pai said Wednesday.
April 16, 2019
Riding #MeToo Wave, State Courts Get Their Ships In Order

Most state court systems have already been rolling out their own changes in the wake of federal #MeToo reforms, but making judges accountable for sexual misconduct won't happen overnight. (This article is part of a series examining sexual harassment in state courts.)
April 16, 2019
Ex-Nuclear Co. Exec Says Feds Hid Co-Conspirator's FBI Gig

Mark T. Lambert, an executive at a uranium transport company charged with bribing a Russian energy official, claimed that prosecutors sat on the fact that his business partner and alleged co-conspirator was working for the FBI at the time Lambert was brought into the scheme.
April 16, 2019
EEOC’s Lipnic On Sexual Harassment In The Courthouse

Here, the head of the EEOC talks to Law360 about being in the midst of a movement, why court employees are particularly vulnerable to harassment and why the judiciary should take action now. (This article is part of a series examining sexual harassment in state courts.)

Editor's Picks

Sens. Float Bill To Tighten Scrutiny Of China's ZTE

A bipartisan group of senators announced Tuesday they had introduced a bill aimed at ensuring Chinese telecommunications giant ZTE Corp. lives up to conditions the Trump administration imposed last year when undoing the company's blacklisting from U.S. markets.

Expert Analysis

Opinion

Jury Trials Are In Decline For Good Reason

A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.
Reverse FCA Cases Rise With 'America First' Trade Policies

Though the number of reverse False Claims Act suits alleging importers made false customs declarations will likely keep increasing given the Trump administration's protectionist policies, importers can take steps to mitigate their risks, say attorneys at Crowell & Moring.
Few Avenues To Protection For Foreign FCPA Whistleblowers

The Ninth Circuit's recent decision in Wadler v. Bio-Rad falls within a larger pattern of federal courts interpreting whistleblower protection statutes narrowly — especially when employees raise allegations about international business and potential Foreign Corrupt Practices Act violations abroad, say Daniel Wendt and Amelia Hairston-Porter of Miller & Chevalier.
Series

Why I Became A Lawyer: A Circuitous Path To The Law

Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.
Getting Compliance Right When There Are No Regulations

Recent enforcement actions and agency guidance illustrate how the federal government sets expectations for corporate compliance internal controls, even when no formal regulations have been issued. But companies must know where to find the relevant information, says Jo Ritcey-Donohue of JRD Law.
Series

Judging A Book: Conrad Reviews 'The Jury Crisis'

In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.
Working With Foreign Parties In Real Estate Transactions

Excerpt from Lexis Practice Advisor

As more and more U.S. real estate is bought and sold by foreign investors, it is becoming increasingly important for real estate attorneys to understand the added complexities that may arise in transactions involving foreign parties, say Spencer Compton of First American Title Insurance Company and attorney Diane Schottenstein.
A Reminder To Address Sanctions Compliance Shortfalls

The sanctions enforcement action and major settlement with Standard Chartered highlights U.S. and U.K. regulators’ continued focus on compliance, and their specific attention to the lapses in internal controls that led to the alleged violations, say attorneys with Paul Hastings.
Revamping Your Approach To Client Development

As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.
What Lawyers Must Know Before Acting As Escrow Agents

The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.