International Trade

  • March 23, 2017

    CIT OKs Commerce's New Copper Tube Duty For Chinese Co.

    The U.S. Court of International Trade on Wednesday signed off on the U.S. Department of Commerce’s new anti-dumping duty rate for a Chinese copper tube exporter, which both parties had asked the court to approve after Commerce was ordered to reconsider a previous rate.

  • March 22, 2017

    ZTE Cops To Sanctions Violation In $892M Iran Sales Penalty

    ZTE Corp. agreed to pay $430 million and pled guilty to violating the International Emergency Economic Powers Act in Texas federal court on Wednesday as part of an $892 million multiagency settlement agreement over claims it unlawfully shipped technology from the United States to Iran in violation of U.S. sanctions.

  • March 22, 2017

    Lilly, Biz Groups Rip Tribunal's Decision On 'Promise Doctrine'

    U.S. drugmaker Eli Lilly has decried a recent ruling dismissing its claims brought under the North American Free Trade Agreement over Canada's controversial "promise utility doctrine" requiring patent holders to show that an invention measures up to its promised result, comments that were echoed this week by two U.S. industry groups.

  • March 22, 2017

    USDA Beefs Up Brazilian Meat Inspections Amid Bribery Probe

    The U.S. Department of Agriculture announced on Wednesday that it will put imports of Brazilian beef under increased scrutiny until the South American nation gets to the bottom of a still-developing investigation of a bribery scheme that allegedly led to the sale of expired meat.

  • March 22, 2017

    Arab Bank Seeks $2M From Shipper In Corn-Delivery Row

    The Swiss unit of Arab Bank filed suit in Connecticut federal court Wednesday demanding the “arrest and seizure” of a shipping vessel and $2 million in damages after a botched corn delivery, attempting to obtain “security” while the parties arbitrate in London.

  • March 22, 2017

    US Chamber Throws Weight Behind Trump's USTR Pick

    The U.S. Chamber of Commerce on Wednesday pressed the Senate Finance Committee to move quickly with voting on President Donald Trump's pick for U.S. trade representative, Skadden Arps Slate Meagher & Flom LLP trade attorney Robert Lighthizer, calling him a "staunch advocate" for American industry.

  • March 22, 2017

    VimpelCom Investors Say Foreign Bribery Suit Has Mettle

    VimpelCom Ltd. shareholders asked a New York federal judge on Tuesday not to dismiss their securities fraud case, saying their claims that the multinational mobile phone giant hid its multiyear bribery scheme in Uzbekistan to inflate the company stock price pass legal muster.

  • March 22, 2017

    Del Monte Seeks To Halt Pineapple Sales In Contract Dispute

    Food giant Del Monte asked a Florida federal court Tuesday to block a juice company buying pineapples from a former grower, one from which it won a $32 million arbitration award and injunction for breach of a contract prohibiting it from selling the particular strain.

  • March 22, 2017

    Importers Revive Push For Duty-Free Travel Goods

    A coalition of apparel and retail organizations has asked the Trump administration to expand tariff cuts on luggage, handbags and other travel items under the Generalized System of Preferences, arguing that the duty relief in place now is not enough to yield benefits for U.S. importers.

  • March 21, 2017

    Amid Uncertainty, Foreign Contracting Could Bring Profits

    The new administration’s proposed shift in spending priorities, coming amid an already uncertain federal contracting environment, may prompt contractors to look for public procurement opportunities outside the U.S., but experts say they should also be aware of the specific challenges that come with them.

  • March 21, 2017

    Trump Names New Chief Judge For Federal Claims Bench

    President Donald Trump has announced his pick for chief judge of the U.S. Court of Federal Claims is Susan G. Braden, a former Baker & McKenzie LLP attorney with intellectual property expertise who has served on the court since 2003.

  • March 21, 2017

    WTO Dispute Roundup: EU Gains Allies In China Market Spat

    In Law360's latest look at the World Trade Organization's Dispute Settlement Body, powerful members come to the European Union's defense in its market economy battle with China, while other disputes over renewable energy and transit measures move to a more contentious phase.

  • March 21, 2017

    Commerce Finalizes Duties On Chinese Water Treatment Chem

    The U.S. Department of Commerce on Tuesday finalized tariffs to offset advantages to Chinese imports of a water treatment chemical that it determined has been sold in the U.S. market at unfairly low prices and has benefited from illegal government subsidies.

  • March 21, 2017

    Freshfields Snags CFIUS Expert From Homeland Security

    Freshfields Bruckhaus Deringer LLP nabbed a former member of the U.S. Department of Homeland Security for its U.S. antitrust, competition and trade practice, further bolstering the firm’s ability to guide inbound deals through a review by the Committee on Foreign Investment in the United States.

  • March 21, 2017

    EU Trade Chief Pushes Back On Rising Protectionism Tide

    European Union Trade Commissioner Cecilia Malmstrom on Tuesday made the case for a progressive trade policy based on transparency and global rules, citing what she called the threat of rising protectionism and indirectly calling out the economic nationalist platform of President Donald Trump’s administration.

  • March 21, 2017

    EU And Japan Say Trade Deal Is Close

    Japan and the European Union are closing in on a bilateral trade agreement and expect to have a deal nailed down by the end of the year, European Commission President Jean-Claude Juncker said Tuesday in a statement before a meeting with Japan Prime Minister Shinzo Abe and European Council President Donald Tusk in Brussels.

  • March 21, 2017

    Salt Sold To US Must Be Reassessed, Canada Tax Court Says

    A Canadian salt mine operator scored a win when the Tax Court of Canada ruled in a decision released Monday that the Canada Revenue Agency’s tax assessment regarding the sale of rock salt to a U.S. company was inconsistent with agreements the CRA had with the operator and the IRS.

  • March 21, 2017

    ITA Anti-Dumping Policy Head Joins Arnold & Porter

    Arnold & Porter Kaye Scholer LLP is beefing up its Washington, D.C., international trade practice with the announced hire of a former U.S. Department of Commerce deputy assistant secretary for policy and negotiations responsible for coordinating anti-dumping and countervailing duty policy at the International Trade Administration.

  • March 20, 2017

    ITC Domestic Industry Ruling A Warning For NPE Licensees

    A recent U.S. International Trade Commission decision allowing a patent owner to rely on its licensee’s activities to satisfy the trade body's domestic industry requirement illustrates a way for nonpracticing entities to get in the ITC’s door that could be a costly headache for their unsuspecting licensees, attorneys say.

  • March 20, 2017

    High Court Declines Sawblade Tariff Appeal

    The Supreme Court on Monday denied a South Korean industrial tools company’s challenge to a U.S. Department of Commerce decision leaving in place existing anti-dumping duties established through a now-abandoned calculation method.

Expert Analysis

  • Whistleblower Protections Vs. Confidentiality Obligations

    Debra S. Katz

    The case law related to confidential, proprietary or potentially privileged information that supports whistleblowers’ legal claims is not uniform. However, two recent decisions from California federal courts demonstrate that courts are willing to apply a proper balancing of interests when issues of confidentiality obligations arise in whistleblower retaliation cases, say Debra Katz and Aaron Blacksberg of Katz Marshall & Banks LLP.

  • Risk Is Expanding Under The Kingpin Act

    Timothy A. Westrick

    There is a common misperception that only financial institutions are subject to economic sanctions compliance. However, companies in other markets can also find themselves at risk. Recent Foreign Narcotics Kingpin Designation Act enforcement actions against insurance companies send a cautionary signal, says Timothy Westrick, a senior manager at Treliant Risk Advisors and former federal prosecutor.

  • OFAC Takes Sanctions Jurisdiction Into Uncharted Waters

    Edward Krauland

    The Office of Foreign Assets Control’s recent finding that a Taiwan-based shipping company violated sanctions regulations has led to quite a bit of speculation about whether OFAC has asserted a broad new theory of jurisdiction. Bankruptcy proceedings, as opposed to other types of disputes in U.S. district court, have particular elements that appear to have been relevant to OFAC’s finding of jurisdiction, say attorneys with Steptoe & Johnson LLP.

  • Top 5 Business And Human Rights Concerns For Companies To Monitor

    Christopher Walter

    Businesses are being bombarded with information about their responsibilities toward global human rights and other nonfinancial efforts. According to Covington & Burling LLP attorneys Christopher Walter and Hannah Edmonds, U.K. businesses should be actively monitoring five key developments.

  • China's Food Safety System In The Year Of The Rooster

    David Ettinger

    2016 may have been the Year of the Monkey, but Chinese authorities were not monkeying around with the food industry, as they tightened the regulatory reins on China's food safety management system. As the Year of the Rooster begins, multinational firms doing business in China must understand the country's new and revised food laws and regulations, say attorneys and staff at Keller & Heckman LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Shipping Act's Antitrust Preemption Is Powerful

    John Longstreth

    The Third Circuit's recent decision in the Vehicle Carrier Services Antitrust Litigation affirms that the Shipping Act of 1984 preempts both state and federal antitrust claims. The court’s decision fits comfortably into a line of U.S. Supreme Court decisions that reflect considerable concern that state antitrust laws not be allowed to interfere with regulatory regimes established by Congress, say attorneys with K&L Gates LLP.

  • Business And Human Rights Movement‎ Spurs New Initiatives

    Julie Bédard

    In the last 20 years, there has been a movement to recognize a responsibility by business enterprises to respect human rights in the conduct of their economic activity and to hold business accountable when human rights abuses do occur. Skadden partners review the range of divergent proposals for an enforcement mechanism.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • Making America Manufacture Drugs Again

    Frederick Rein

    While there may be economic or regulatory barriers that continue to favor manufacturing abroad, there is at least one legal barrier the new administration can address that currently places U.S. generic pharmaceutical manufacturing at a disadvantage, according to Frederick Rein and Aviv Zalcenstein of Goodwin Procter LLP.