International Trade

  • April 30, 2018

    Dems Want A Permanent Fix For Hobbled Ex-Im Bank

    On the heels of President Donald Trump’s decision to tap one of his top trade advisers as the interim head of the U.S. Export-Import Bank, a throng of Democratic senators on Friday pressed the White House to move ahead with a permanent leader for the beleaguered export credit agency.

  • April 27, 2018

    2 Charged With Espionage In Chinese Trade Secrets Theft

    Two men have been charged with taking part in a scheme to carry out economic espionage on behalf of a state-supported Chinese company, after being indicted last year for conspiring to steal trade secrets from a marine materials unit of a Swedish engineering firm, the U.S. Department of Justice announced on Friday.

  • April 27, 2018

    Justices Seem Wary Of Strict Int’l Deference Standard

    The U.S. Supreme Court heard oral arguments on Tuesday in a price-fixing case involving the degree of deference statements from foreign sovereigns should be given, and while the sides seemed to push for a strict standard, the justices appeared wary of applying too heavy a hand to an issue that could have far-reaching repercussions.

  • April 27, 2018

    Russia Sanctions Hurt US Arms Sales, Defense Chief Says

    Sanctions placed on Russia by Congress are also hurting both the U.S. and its allies by restricting arms sales, Defense Secretary James Mattis told lawmakers, as he also defended the U.S. Department of Defense’s contentious approach to its pending JEDI cloud computing contract.

  • April 27, 2018

    US Sustains Pressure On China With Sweeping IP Report

    The Office of the U.S. Trade Representative issued its annual global intellectual property report on Friday, continuing the Trump administration's high-stakes IP battle with China by saying it needs to keep a close eye on trade secret theft and online counterfeiting and piracy involving the Asian country.

  • April 27, 2018

    WTO Dispute Roundup: China Seeks Allies In IP Tussle

    In Law360’s latest look at the World Trade Organization’s Dispute Settlement Body, China attempts to rally other nations in its ongoing feud with the U.S. over intellectual property policy while other members advance cases centering on paper and steel products.

  • April 27, 2018

    Sens. Move To Block Sending F-35s To Turkey

    A bipartisan trio of senators have floated a bill to ground the planned transfer of F-35 Lightning II fighter jets to Turkey, saying the country has flouted international norms and has started acting against American interests.

  • April 27, 2018

    As Suniva Ch. 11 Hopes Dim, Second Creditor Seeks Sale

    Saying that bankrupt solar panel maker Suniva Inc. has no plan or prospect for restructuring, a second major creditor is eyeing a collateral sale, seeking approval late Thursday to sell $8 million worth of Suniva equipment and intellectual property listed as collateral for its $15 million claim.

  • April 27, 2018

    Brexit Transition Would Keep UK Banks In EU Law, ECB Says

    British banks, insurers and other financial firms would remain within European Union laws until the end of 2020 if the withdrawal agreement between the U.K. and EU now under negotiation is agreed and ratified, EU and British authorities said Friday.

  • April 26, 2018

    Corporations Must Help Fight Cyber Threats, Deputy AG Says

    Amid concerns about the nation’s cybersecurity and threats from foreign hackers, American corporations should cooperate with the U.S. Department of Justice to defend against criminal activity, Deputy Attorney General Rod Rosenstein told a conference of corporate and insurance defense attorneys Thursday.

  • April 26, 2018

    DC Circ. Questions Foreign Tax Treatment Of Bearer Shares

    An international shipping company urged a D.C. Circuit panel Thursday to grant it the chance to prove it is owned predominantly by residents of other countries, despite the fact its stock is issued in hard-to-trace bearer shares.

  • April 26, 2018

    French Court Spurns Creative Reading Of Investment Treaties

    A decision by France's highest court reinstating a $50 million arbitral award is a reminder for French courts to stick to a strict interpretation of investment treaties, experts say.

  • April 26, 2018

    EU, Japan Still Mulling Next Steps On Investment Arbitration

    The European Union and Japan met on Thursday to discuss the controversial investment protection issues that were left out of their highly touted trade deal last year, with both sides offering little detail while still holding out for a quick resolution.

  • April 26, 2018

    Dechert Adds 2 Ex-Hughes Hubbard Trade Pros To DC Office

    Dechert LLP has added two former Hughes Hubbard & Reed LLP attorneys to its international trade and government regulation group, the firm announced on Wednesday.

  • April 26, 2018

    Vietnamese Sack Imports Likely Hurt US Makers, ITC Says

    The U.S. International Trade Commission has determined there is a “reasonable indication” that imports of Vietnamese laminated woven sacks used to package pet food and other consumer goods are hurting U.S. producers, giving a green light to the Department of Commerce’s anti-dumping and countervailing duty investigations.

  • April 26, 2018

    US Pols Getting Antsy As NAFTA Talks Enter Crucial Phase

    U.S., Canadian and Mexican officials continued huddling Thursday to advance the North American Free Trade Agreement negotiations peppered with a fresh set of demands from congressional lawmakers, who seek changes to the deal’s rules covering labor, the environment, digital trade and agriculture.

  • April 26, 2018

    UK Must Clarify How Bank Was 'Tool' Of Iran In Sanctions Row

    The British government must explain its claim that Bank Mellat was a “tool” of the Iranian government in the country’s attempt to continue its nuclear weapons program and avoid sanctions, a High Court judge said Thursday, ruling that HM Treasury should amend its defense against a $4 billion lawsuit brought by the Iranian lender.

  • April 25, 2018

    ITC Bans Certain Chinese Mobile Device Mounts In IP Case

    A general exclusion order by the U.S. International Trade Commission that blocks the import of patent-infringing magnetic mobile device stands from a slew of Chinese companies was finalized on Tuesday after the end of a presidential review period.

  • April 25, 2018

    Defying Trump, Macron Calls For Scaling Back Trade Blitz

    Addressing a joint session of the U.S. Congress on Wednesday, French President Emmanuel Macron called for a measured and diplomatic approach to global trade policy in open defiance of the Trump administration, which has made a flurry of aggressive enforcement maneuvers in recent months.

  • April 25, 2018

    US Tax Law Likely To Run Afoul Of WTO Rules, Panelists Say

    The Tax Cuts and Jobs Act rules concerning foreign-derived intangible income are very likely to be seen as a subsidy falling outside World Trade Organization and Organization for Economic Cooperation and Development rules, panelists said Wednesday in New York.

Expert Analysis

  • Key Takeaways From The NY Buy American Act

    Justin Ganderson

    The New York Buy American Act, which went into effect on Sunday, is slated for a relatively short life and is fairly focused. But it is a noteworthy development because it further reinforces the general rallying cry behind “buy American," say attorneys with Covington & Burling LLP.

  • ITC’s US Steel Decision Unlikely To Have Broad Impact

    David Hickerson

    In a long-awaited decision, the U.S. International Trade Commission ruled this month that a complainant alleging price-fixing as an unfair act under Section 337 must also allege an antitrust injury, as would be required in federal district court. But the decision is unlikely to apply beyond the narrow area of standing in antitrust cases, says David Hickerson of Foley & Lardner LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Keys To Corporate Social Responsibility Compliance: Part 4

    Michael Littenberg

    Over the last few years, there has been a significant increase in litigation and investigations related to corporate social responsibility issues. Activity has increased not only in the United States at the federal, state and local level, but also in several other countries. Proceedings and investigations have involved many different statutes and theories of liability, say attorneys with Ropes & Gray LLP.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Keys To Corporate Social Responsibility Compliance: Part 3

    Michael Littenberg

    As the quantity and quality of corporate social responsibility disclosure increases, there is also movement toward greater comparability. Larger companies should benchmark their disclosures against global peers and evolving global standards, since over time, enhancements in foreign disclosure practices are likely to drive disclosures by many U.S. companies, say attorneys with Ropes & Gray LLP.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Keys To Corporate Social Responsibility Compliance: Part 2

    Michael Littenberg

    Increasingly, corporate social responsibility must be on the radar screen of in-house counsel. Investors are paying more attention to environmental, social and governance issues, and a growing number of shareholder proposals on these subjects should be expected, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.