International Trade

  • September 13, 2019

    DOJ Can’t Elude Refugees’ FOIA Suit Over BNP Paribas Docs

    The U.S. Department of Justice must face a FOIA suit filed by two Sudanese refugees seeking documents related to the agency's investigation of BNP Paribas helping clients evade U.S. sanctions, a D.C. federal judge ruled Friday, rejecting exemption assertions that the documents relate to an ongoing investigation.

  • September 13, 2019

    Asset Managers, Ex-Official Charged In PDVSA Case

    Two Swiss asset managers and a former Venezuelan minister have been charged in a U.S. case alleging contractors paid bribes for business with state-owned oil company Petroleos de Venezuela SA, according to an indictment made public on Friday.

  • September 13, 2019

    Lawmakers Push To Unmask Chinese Military Cos. In US

    Members of Congress from both sides of the aisle have urged the U.S. Department of Defense to release a list of all Chinese military companies operating in the U.S. as a way to combat China's efforts to acquire new defense technologies.

  • September 13, 2019

    Ex-COO Of Cognizant Cooperating With SEC In Indian Bribe Case

    The U.S. Securities and Exchange Commission said Friday that the former chief operating officer of Cognizant Technology Solutions Corp. will pay a $50,000 fine and cooperate with the agency in its suit over an alleged Indian bribery scheme.

  • September 13, 2019

    Canada Fights China's Canola Import Curbs At WTO

    Canada has lodged a World Trade Organization legal challenge against China, alleging in a document circulated Thursday that Beijing has blocked imports of Canadian canola seed using food safety restrictions that are not in line with international standards.

  • September 13, 2019

    LSE Snubs £30B Bid From Hong Kong Stock Exchange

    London Stock Exchange Group on Friday rejected a £29.6 billion ($36.86 billion) takeover offer from the Hong Kong Stock Exchange, saying there are “fundamental flaws” with the bid that leave no room for further discussions. 

  • September 12, 2019

    Consumer Tech Group Decries Trade War's Impacts On 5G

    A group representing the consumer high-tech industry is urging Congress to pull the rug out from under President Donald Trump's trade feud with China, lamenting the dispute's impact on the 5G network rollout.

  • September 12, 2019

    Feds Seek $4M In Damages For Dodged Import Duties

    The federal government asked Thursday for more than $4 million in damages in a False Claims Act suit against an import company and its founder, who has admitted to evading millions of dollars in anti-dumping duties and customs fees on furniture from China.  

  • September 12, 2019

    Attys Push For $63M Fee Award In Alibaba Stock-Drop Suit

    Attorneys who secured a tentative $250 million from Alibaba Group Holding Ltd. to resolve investors’ allegations that it failed to disclose regulatory scrutiny ahead of a $25 billion initial public offering asked a New York federal court Wednesday for $62.5 million in fees.

  • September 12, 2019

    Congress Facing Full Plate Of Trade Work Before Year Is Out

    The final months of 2019 will allow Congress to put its own stamp on President Donald Trump's trade policy as it considers an update to a critical trade agreement, looks to rein in the White House's tariff authority and parses the next steps of Trump's feud with China.

  • September 12, 2019

    Pelosi Says USMCA Still Needs Changes To Enforcement

    Speaker Nancy Pelosi said Thursday that House Democrats still want substantive changes to the updated North American trade pact that's awaiting congressional ratification, expressing concern about how the United States would make sure its partners comply with the U.S.-Mexico-Canada Agreement.

  • September 12, 2019

    Antitrust, Digital Policy Collide In Top EU Enforcer's 2nd Term

    Europe’s top competition official, Margrethe Vestager, known for high-profile antitrust actions against U.S. technology companies, has been tapped to continue in her role for a second term while also being given an expanded purview covering the bloc’s digital policy. The dual mandates she’ll operate under raise questions about what to expect, but experts tell Law360 that doesn’t mean she’s not the right person for both jobs.

  • September 12, 2019

    British Bank Avoids Loan Interest Over US Russia Sanctions

    British lender Cynergy Bank Ltd. does not have to pay interest on a £30 million ($37 million) loan it took out with Cyprus-based Lamesa Investments Ltd. while U.S. sanctions targeting the company's ultimate Russian owner remain in place, a London judge ruled Thursday.

  • September 11, 2019

    Trump Delays Tariffs On $250B Worth Of Chinese Goods

    The United States' scheduled Oct. 1 tariff increase on $250 billion worth of Chinese goods has been pushed back to Oct. 15 as a "gesture of goodwill," President Donald Trump announced Wednesday on Twitter, as trade talks between the two countries are expected to resume in the coming weeks.

  • September 11, 2019

    US Lauds Privacy Shield Data Pact As Latest Review Kicks Off

    The Trump administration signaled Wednesday that it was ready to again defend the strength of the trans-Atlantic Privacy Shield data transfer pact relied on by more than 5,000 U.S. companies during an annual review scheduled to begin later this week.

  • September 11, 2019

    State Dept. Approves Poland’s 1st F-35 Purchase In $6.5B Deal

    The U.S. Department of State has approved a $6.5 billion sale of F-35 fighter jets to Poland, the country’s first purchase of the advanced stealth aircraft, according to an announcement from the Pentagon on Wednesday.

  • September 11, 2019

    Attys Say Farmers In Syngenta Row Waited Too Long To Sue

    Corn farmers waited too long to allege that Watts Guerra LLP and 15 other law firms engaged in fraud and other malpractice-related claims in underlying multidistrict litigation with Syngenta AG, the firms told a Kansas federal court Tuesday.

  • September 11, 2019

    Nixon Peabody Snags Former DHS Official To Lead New Team

    A former U.S. Department of Homeland Security official under the Obama administration has joined Nixon Peabody LLP as a partner to head up the firm's new cross-border risks practice.

  • September 11, 2019

    3rd Ex-Credit Suisse Banker Cops To $2B Mozambique Fraud

    It was revealed Wednesday that a third former banker for Credit Suisse has admitted to his role in an alleged bribery and kickback scheme involving $2 billion in loans backed by the government of Mozambique.

  • September 11, 2019

    China Spares 16 US Goods From Duties Ahead Of Talks

    The Chinese government unveiled a list of 16 products on Wednesday that it says will be exempt from tariffs ahead of a new round of talks with the U.S., including cancer treatment drugs and agricultural items such as shrimp seedlings and fish meal for animal feed.

  • September 11, 2019

    Prosecutor Hints At More Charges In Huawei-Linked Probe

    A Brooklyn federal prosecutor leading the case against a Chinese professor with alleged ties to embattled tech giant Huawei hinted on Wednesday that more charges could come out of a related investigation.

  • September 11, 2019

    Rosen Law Firm To Lead Russian Telecom Bribery Suit

    A New York federal magistrate judge on Wednesday selected The Rosen Law Firm PA to lead a putative securities class action against a Russian telecommunications company accused of making $420 million in bribes to officials in Uzbekistan.

  • September 11, 2019

    WTO Set For Collision Course Over US Metal Tariffs Next Year

    A day after the World Trade Organization said it will rule on the Trump administration’s national security tariffs on steel and aluminum next fall, the trade body on Wednesday said it also expects to issue a decision on the retaliatory tariffs imposed by other countries around the same time.

  • September 11, 2019

    Scottish Judges Rule Suspension Of UK Parliament Unlawful

    Prime Minister Boris Johnson’s decision to suspend Parliament for five weeks in the run-up to the Oct. 31 Brexit deadline is unlawful and motivated by the “improper purpose of stymying Parliament,” Scotland’s highest civil court ruled on Wednesday.

  • September 10, 2019

    Ex-FBI Official Boosts King & Spalding's Nat'l Security Cred

    The former FBI chief of staff who recently returned to King & Spalding in Washington, D.C., as a partner told Law360 that his latest government stint showed him just how deeply national security issues are affecting every aspect of global commerce.

Expert Analysis

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • Adapting To Gov't Contractor Rules Banning Chinese Telecom

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    The U.S. government's revised Federal Acquisition Regulation, which prohibits federal agencies from acquiring telecommunications equipment and services produced by certain Chinese companies, applies across a strikingly broad range of contract values and types, say David Fletcher and Julia Fox at Perkins Coie.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Growth In Global Export Controls Could Harm Tech Industry

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    Recently proposed Chinese export control legislation demonstrates how current nationalist trends are throwing up fences at a time when the world’s technology development is more interwoven across borders than ever, say Reid Whitten and Julien Blanquart at Sheppard Mullin.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Compliance Monitor May Help With CFIUS Approval

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    The ability of a Chinese company to gain approval from the Committee on Foreign Investment in the U.S. for acquisition of a U.S. tech company may not hinge as much on the extent to which the technology is critical to national security as it will on convincing the government that the technology can be protected, says ​​​​​​​J. Keith Ausbrook at Guidepost Solutions.

  • US Aid Agency Launch May Not Meet Expectations

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    While some expect the new U.S. International Development Finance Corporation, which launches Oct. 1, to significantly affect markets in need of development funding, its modest initial budget is disheartening, say Thomas Trimble and John Bryant at Winston & Strawn.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • After Calm Summer, Expect CFIUS Landscape To Erupt

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    The Committee on Foreign Investment in the United States is likely to shake up enforcement this fall by proposing regulations that impose new burdens on a broad set of potential investors, say attorneys at Wilson Sonsini.

  • 2nd Circ.'s Seminal Rejection Of FCPA Conviction Challenge

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    With United States v. Seng, the Second Circuit became the first federal appellate court to reject a challenge — per the Supreme Court's decision in McDonnell v. United States — to a Foreign Corrupt Practices Act conviction, sending an important message to companies attempting to comply with the expansive anti-bribery provisions of the FCPA, say attorneys at Nixon Peabody.

  • Walmart Settlement's Lessons For Avoiding FCPA Prosecution

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    The conduct that led to Walmart's recent settlement with federal authorities resolving alleged Foreign Corrupt Practices Act violations is worth recounting because it highlights what not to do in the corporate compliance context, say Ariel Neuman and Naomi Solomon at Bird Marella.

  • The President’s Ability To Block US Business From China

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    ​President Donald Trump​'s assertion Friday that he has the ”absolute right” under the International Economic Emergency Powers Act to order U.S. companies to leave China is technically incorrect​. But the president could issue an executive order that would be tantamount to a U.S. policy of economic disengagement with China​, which would carry significant risks,​ says Jeffrey Bialos at Eversheds Sutherland.