International Trade

  • February 20, 2018

    Comcast Seeks Speedy Review Of TiVo Patent Case

    Comcast Inc. has asked the Federal Circuit to follow an expedited schedule in its review of an International Trade Commission decision prohibiting the cable and broadband company from importing set-top cable boxes found to infringe a patent held by TiVo Corp.

  • February 20, 2018

    ITC Must Partially Redo Analysis Of Refrigerant Imports

    The U.S. Court of International Trade on Friday ordered the International Trade Commission to reconsider portions of its investigation into whether certain hydrofluorocarbon refrigerant chemical blends and components from China were injuring U.S. industry, but sustained other findings in the investigation.

  • February 20, 2018

    GOP Senators Urge Trump To Rejoin TPP Accord

    Dozens of Republican senators have called on President Donald Trump to rejoin the Trans-Pacific Partnership, an Obama-era regional trade deal he bashed throughout his campaign for the White House and abandoned days into his presidency.

  • February 20, 2018

    Commerce Launches Probes Into Chinese Cast Iron Soil Pipes

    The U.S. Department of Commerce has announced that it is launching anti-dumping and countervailing investigations on Chinese cast iron soil pipe imports.

  • February 20, 2018

    Shuttered Texas Energy Co. Says Bribe Refusal Cost It $470M

    A Houston energy company says its refusal to pay a bribe to officials with Venezuela's state-run energy company Petroleos de Venezuela SA cost it $470 million and forced it out of business, according to a federal lawsuit filed in Houston on Friday.

  • February 20, 2018

    Akerman Adds 3 Ex-Gardere Attys In Dallas

    Akerman LLP has expanded its government affairs and public policy team in Texas with the addition of three former Gardere Wynne Sewell LLP international trade attorneys to its Dallas office, the firm announced Monday.

  • February 20, 2018

    S. Korea Lobs WTO Challenge To US Steel Tariffs

    The South Korean government has launched a World Trade Organization case targeting a slew of U.S. duties on its steel and energy products, according to documents published Tuesday, alleging the U.S. has been calculating the tariffs in a way that flouts WTO rules.

  • February 16, 2018

    Safran Gets Attys' Fees After Beating FCA Allegations

    A California federal judge on Thursday awarded attorneys’ fees to French security contractor Safran after determining that two theories that served as part of a set of False Claims Act allegations by former company employees were “clearly frivolous.”

  • February 16, 2018

    CIT Backs Commerce's Call Not To Put Duties On Korean Steel

    The U.S. Court of International Trade has ruled that the U.S. Department of Commerce was correct to find that producers of certain corrosion-resistant steel products were not conferred a benefit through electricity provided by the government of Korea, rejecting Nucor's challenge and upholding the agency’s results.

  • February 16, 2018

    Coca-Cola To Pay $3.6B Under Tax Repatriation Provision

    U.S. tax changes will cause the Coca-Cola Co. to pay a one-time net charge of $3.6 billion during the quarter that ended Dec. 31, consisting of $4.6 billion in tax on deemed repatriated earnings offset by a deferred tax benefit of $1 billion, the company said in a release Friday.

  • February 16, 2018

    IRS Asserts Coca-Cola Undervalued Property In $3B Tax Case

    Arrangements between The Coca-Cola Co. and foreign licensees did not accurately reflect the value of the company's intangible property, allowing the beverage producer to avoid significant U.S. taxes, the IRS said in a pretrial memorandum filed Thursday in its $3.3 billion transfer pricing dispute with Coca-Cola in the U.S. Tax Court.

  • February 16, 2018

    Coalition Says Chinese Cos. Altering Plywood To Evade Duties

    A coalition of U.S. producers of hardwood plywood asked the U.S. Department of Commerce on Thursday to find that Chinese producers of the merchandise are skirting the anti-dumping and countervailing duties the agency recently imposed, saying the companies have been slightly altering the goods to avoid the tariffs.

  • February 16, 2018

    Japan Seeking WTO Relief From US Solar Safeguard Tariffs

    The Japanese government joined the throng of nations pushing back against recently enacted U.S. safeguard tariffs on solar panel components at the World Trade Organization Friday, asking to sit down with the Trump administration to discuss earning relief from the sweeping restrictions.

  • February 16, 2018

    Caterpillar's Tax Bill May Reach $2.3B After IRS Audit

    Caterpillar Inc. may owe the Internal Revenue Service $2.3 billion in taxes and penalties following the conclusion of field audits concerning its income tax returns and profits earned by its Swiss affiliate, according to the annual report the company filed Thursday.

  • February 16, 2018

    Commerce Calls For Sweeping Steel, Aluminum Import Curbs

    The U.S. Department of Commerce said Friday that a surge of imported aluminum and steel is threatening U.S. national security and recommended a range of tariffs and import caps for the president to impose to address that threat.

  • February 15, 2018

    Amazon To Pay EPA $1.2M For Illegal Pesticide Sales

    The U.S. Environmental Protection Agency on Thursday announced that Amazon Services LLC will pay a $1,215,700 penalty to settle allegations it facilitated the distribution of imported pesticide products by third-party vendors that were not licensed for sale in the United States.

  • February 15, 2018

    Commerce IDs Russian Entities It Says Meddled In Crimea

    The Commerce Department has added 21 entities to its list of those it deems to have undermined Ukraine’s sovereignty following Russia’s 2014 annexation of the European country’s Crimea region, according to a notice set to publish Friday in the Federal Register.

  • February 15, 2018

    ITC Says Delta's Bombardier Order Didn't Harm Boeing

    Several weeks after the U.S. International Trade Commission unanimously ruled that Bombardier’s C Series commercial jets — though unfairly subsidized and sold at below-market prices — were not threatening U.S. producer Boeing, it issued an opinion Wednesday saying Boeing wasn’t harmed when Delta ordered Canadian planes from Bombardier.

  • February 15, 2018

    Sen. Finance Committee Advances 2 Top USTR Noms

    The Senate Finance Committee on Thursday unanimously advanced the nominations of C.J. Mahoney and Dennis Shea to serve in the Office of the U.S. Trade Representative, after lawmakers urged the committee to quickly fill the still-vacant positions under USTR Robert Lighthizer in the midst of ongoing trade negotiations.

  • February 15, 2018

    Trump Feeling The Squeeze As Enforcement Decisions Loom

    President Donald Trump and his advisers have talked a big game when it comes to trade enforcement, but some muscular pushback from lawmakers and the business lobby may force the administration to take a more measured approach as it prepares to close trade probes centering on steel, aluminum and intellectual property.

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.