International Trade

  • June 23, 2017

    ALJ Nixes Patents In ITC Probe Of Electronic Tolling IP

    A U.S. International Trade Commission administrative law judge deemed invalid Thursday a pair of radio frequency identification, or RFID, patents used in electronic tolling of moving cars, finding the patents lacked a written description and were anticipated and obvious.

  • June 23, 2017

    US Olive Producers Demand Duties On Spanish Competitors

    A consortium of domestic olive producers launched a bid to slap tariffs on imports from Spain on Thursday, alleging the products have been sold at artificially low prices in the U.S. and granted unfair government subsidies to gain an upper hand in the market.

  • June 23, 2017

    Sen. Cornyn Readies Bill Broadening CFIUS' Reach

    Sen. John Cornyn, R-Texas, said Thursday he is putting the “final touches” on a bipartisan bill aimed at extending the Committee on Foreign Investment in the United States’ reach to noncontrol and other currently uncovered transactions to stem Chinese investment in critical U.S. technology.

  • June 23, 2017

    Commerce To Probe Polyester Imports From 5 Asian Countries

    The Department of Commerce has announced that it will investigate whether producers of fine denier polyester staple fiber from a quintet of Asian countries, including China, dumped their material at unfair prices or received government subsidies.

  • June 23, 2017

    Mexico Hits Car Carriers With $32M Antitrust Fine

    Mexican antitrust authorities have sanctioned seven automobile shipping companies the equivalent of $32 million for alleged anti-competitive practices.

  • June 23, 2017

    US Slams Door On Brazilian Beef Imports

    The U.S. Department of Agriculture has put an immediate halt on imports of fresh beef from Brazil following an extensive review in the wake of a corruption scandal that raised questions about the South American country’s food safety protocols, the agency said late Thursday.

  • June 23, 2017

    Farmers Awarded $218M In 1st Syngenta GMO Corn Trial

    A Kansas federal jury awarded corn producers $218 million Friday in the first trial in multidistrict litigation over agricultural giant Syngenta’s alleged role in China’s rejection of U.S. corn shipments.

  • June 22, 2017

    CIT Remands High Anti-Dumping Duty On Chinese Steel Nails

    The U.S. Court of International Trade on Thursday remanded the determinations of a Department of Commerce anti-dumping duty order on certain steel nails from China, stating that Commerce needed to reconsider its valuation of steel plate, among other issues that may have inflated the anti-dumping margin.

  • June 22, 2017

    No Domino Effect Yet After Ecuador Treaty Denunciation

    Ecuador recently joined a handful of nations throughout the world that have terminated their bilateral investment treaties in response to rallying cries against investor-state arbitration, but experts say there's no indication yet that trend will spread throughout the region.

  • June 22, 2017

    Intellectual Ventures Didn't Own ITC Probe Patents: Car Cos.

    Automakers Honda, BMW and Toyota have argued that a U.S. International Trade Commission investigation into thermoplastic parts used in imported cars should be terminated because Intellectual Ventures never owned the patents in question, having bought them from a defunct subsidiary.

  • June 22, 2017

    ITC Target Pins Patent Probe On Honeywell 'Monopoly' Push

    The U.S. International Trade Commission announced an investigation Wednesday into whether imported bar code scanners violate Honeywell Inc. patents, but the targeted company says the probe represents a continuing effort by the tech giant to litigate its way into a monopoly.

  • June 22, 2017

    Judge Orders New Seafood Origin Rule Following Challenge

    A D.C. federal judge on Thursday declined to halt a regulation requiring importers to trace the origin of seafood brought into the United States and instead told the federal government to release a new version of the rule to address claims that the initial rulemaking didn't follow proper procedure.

  • June 22, 2017

    Ex-Fugitive In Haiti Teleco FCPA Case To Plead Guilty

    A former director at Miami-based Cinergy Telecommunications Inc. accused of bribing Haitian telecom officials in violation of the Foreign Corrupt Practices Act over 10 years ago will plead guilty next month, according to a Wednesday court filing.

  • June 22, 2017

    Coke Raises Mexican Tax Credits First In Massive IRS Row

    The Coca-Cola Co. has fired its opening salvo in a massive transfer-pricing litigation against the IRS in U.S. Tax Court, seeking to overturn the agency’s decision to eliminate $139 million in Mexican foreign tax credits from the years 2007 through 2009.

  • June 22, 2017

    USTR Offers Glimmer Of Hope For Reviving EU Trade Talks

    U.S. Trade Representative Robert Lighthizer on Thursday said that he plans to revisit the stalled trade negotiations with the European Union later this year, offering the Trump administration’s first substantive comment on those talks in months.

  • June 21, 2017

    Arista Dodges $600M Fine In Cisco Patent Dispute At ITC

    A U.S. International Trade Commission administrative law judge has issued an initial determination that Arista's sale of redesigned network switch products complies with the terms of a cease-and-desist order imposed after Cisco accused Arista of patent infringement last year, permitting Arista to dodge a penalty of $600 million, the company announced Wednesday.

  • June 21, 2017

    Korean Ramen Cos. Seek End To Price-Fixing Class Action

    Two Korean ramen noodle companies asked a California federal judge Wednesday to toss a class action accusing them of participating in a price-fixing scheme, saying they weren’t involved in a conspiracy and that even if they were, the conduct only affected prices in Korea, not the U.S.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Feds Can Shield Classified Info In UN Bribery Case

    A New York federal judge on Wednesday held that prosecutors can shield certain classified information from a Chinese developer accused of bribing United Nations officials, ruling the information is relevant to national security and wouldn’t aid the developer in his trial, which is slated to start next week. 

  • June 21, 2017

    Former Charity Manager Denies Iran Link In Forfeiture Trial

    A longtime financial manager for the Alavi Foundation, the Iran-linked charity being targeted by the U.S. in a billion-dollar asset forfeiture trial, asserted Wednesday that the Mideast power had no influence over the charity's management of the 36-story Manhattan office tower at the heart of the case. 

Expert Analysis

  • Inbound And Outbound US Tax Planning After The MLI

    Jeffrey Rubinger

    The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting was signed this month by 68 jursidictions. The United States has not signed on, but the convention may impact foreign investors in the U.S., and U.S.-based multinationals. Still, interesting planning opportunities remain, say Jeffrey Rubinger and Summer Ayers LePree of Bilzin Sumberg Baena Price & Axelrod LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Primary Effects Of Rolling Back Cuba Sanctions Relief

    Paul Marquardt

    A recent presidential directive lays out the framework for rolling back certain Obama-era regulations that eased travel and trade restrictions between the United States and Cuba. Although the action has received extensive coverage, its impact is fairly limited, says Paul Marquardt of Cleary Gottlieb Steen & Hamilton LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Post-Election Britain: Soft, Softer Or Softest Brexit?

    Markus Gehring

    Following the results of the United Kingdom's general election earlier this month, a much softer form of Brexit is now more likely. However, a softer Brexit would likely mean giving up some of the freedoms that motivated the U.K. to leave the European Union in the first place, says Markus Gehring of the Centre for International Governance Innovation.

  • DOJ Signals More Fairness In Multinational Investigations

    Brandon Fox

    The number of multinational criminal and regulatory investigations is increasing. The good news for companies that find themselves to be subjects of these investigations is that the U.S. Department of Justice now recognizes a need for global resolutions, says Brandon Fox, a partner at Jenner & Block LLP and former federal prosecutor.

  • Texas Steel Bill Raises Questions For Construction

    Brian Gaudet

    Texas Senate Bill 1289 requires the use of domestic iron and steel for public infrastructure projects in the state. But given the higher price of U.S.-sourced steel, the bill would increase project costs significantly, likely resulting in fewer capital improvements, and possibly impacting construction-related jobs, say Brian Gaudet and Traci Donatto of Coats Rose PC.

  • Understanding Product Liability Settlements Down Under

    Bettina Sorbello

    As in the U.S., a product liability lawsuit in Australia can be resolved through an out-of-court settlement agreement. But the mechanisms for settlement in Australian litigation differ from how cases are settled in the U.S. Knowing the settlement landscape and possible costs consequences is important for U.S.-based companies who operate or distribute in Australia, says Bettina Sorbello of DibbsBarker.

  • Opinion

    DOJ Would Strongly Enforce More Russia Sanctions

    Harry Dixon

    The deft bundling of the Russia and Iran sanctions, backed by broad support in the Senate and Speaker Paul Ryan’s support in the House, will almost certainly lead to the president signing the bill into law — or risk his veto of a national security bill being quickly overridden. Assuming it becomes law, will enforcement be a priority for the Justice Department? The answer is a strong yes, says Harry Dixon of Taylor English Duma LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.