International Trade

  • October 3, 2017

    EU High Court To Weigh Data Transfer Tool In Facebook Row

    The European Court of Justice will soon decide whether multinational companies such as Facebook can continue to use model contracts to transfer data between the EU and U.S., after Ireland's high court on Tuesday found that the national data protection regulator had "well-founded concerns" about whether the mechanism violates EU law.

  • October 3, 2017

    Coffee-Maker Importer To Pay $2M For Not Reporting Defect

    A Wisconsin federal judge on Tuesday entered a $1.9 million judgment against importer Spectrum Brands Inc. for taking years to report a defect in a Black & Decker-branded coffee maker that caused the handles of full carafes to suddenly break, leading to dozens of reported burns.

  • October 3, 2017

    Samsung Accused Of Infringing Tessera Chip Patents At ITC

    The U.S. International Trade Commission announced Tuesday that Tessera Advanced Technologies Inc. requested an investigation of Samsung Electronics Co. Ltd.'s alleged infringement of two semiconductor patents, as well as the exclusion of infringing products and a prohibition on related commercial activity.

  • October 3, 2017

    EU Moves Ahead With Trade Rules To Head Off China Fight

    The European Union on Tuesday reached an agreement to overhaul its trade enforcement rules as part of its ongoing effort to resolve a World Trade Organization complaint from China that has challenged Brussels’ long-standing anti-dumping policies.

  • October 3, 2017

    Textile Groups Mobilize To Close NAFTA Sourcing 'Loophole'

    A coalition of U.S. textile associations on Tuesday called for the elimination of provisions within the North American Free Trade Agreement that grant duty-free treatment to fabric and apparel that originates from non-NAFTA countries, blasting the rule as a “loophole” that hinders domestic production.

  • October 3, 2017

    EU, Canada Settle Decadeslong Beef Spat, Citing Trade Deal

    The European Union and Canada have put an end to a 21-year World Trade Organization battle over Brussels’ restrictions on hormone-treated beef, according to a WTO document circulated on Tuesday that cited provisions of the two governments’ new bilateral trade deal.

  • October 3, 2017

    EU Legislators Nix Bid To Begin Early Post-Brexit Trade Talks

    The European Parliament agreed in a vote on Tuesday that basic Brexit talks have not advanced sufficiently to allow negotiations on a future trade deal to begin this month, dashing hopes among U.K. banks and businesses that they would get early clarity on their future regulatory relationship with the bloc.

  • October 2, 2017

    Free Trade Needs Rule Of Law, Experts Say At Miami Summit

    Reliable legal standards are a key element to growing international trade, as are policies that spread the benefits to workers, and both are more likely — but not guaranteed — by democracy, experts said Monday at a Latin America summit in Miami.

  • October 2, 2017

    Varnum, Retired Barnes & Thornburg Attys Tapped For ITC

    President Donald Trump tapped on Monday a Varnum LLP general counsel and a retired Barnes & Thornburg of counsel to fill two International Trade Commission openings, and a Manhattan Institute for Policy Research director to fill a newly created assistant secretary of transportation position.

  • October 2, 2017

    High Court Rejects Petitions For Several Immigration Cases

    The U.S. Supreme Court on Monday said no to a number of immigration-related petitions that had been waiting for it over the summer, including a challenge by a conservative legal advocacy group to California providing tuition and financial aid to students not authorized to be in the U.S.

  • October 2, 2017

    EU, Mexico Inching Closer To New Trade Deal

    Trade officials from the European Union and Mexico wrapped up their fifth round of negotiations for a bilateral free trade agreement Friday with Brussels reporting that “good progress” had been made across a number of areas within the talks.

  • October 2, 2017

    Justices Won't Revive Ex-Venezuela Ambassador's RICO Suit

    The U.S. Supreme Court on Monday denied a bid to revive the suit of a former U.S. ambassador to Venezuela and anti-corruption consultant who accused two wealthy Venezuelans of bribery and defamation.

  • October 2, 2017

    Roche Ducks Cancer Drug Antitrust Suit

    A New York federal judge on Saturday threw out a Russian drug company’s lawsuit alleging Roche Holding AG and affiliates used their position to restrict the entry of cancer drugs into the U.S. market, saying the Russian firm has insufficient U.S. contacts to establish standing.

  • October 2, 2017

    Justices Won't Hear 6 False Claims Act Appeals

    The U.S. Supreme Court on Monday turned down six petitions in False Claims Act cases, touching on issues including pleading standards, tolling of the statute of limitations for FCA relators and a potential jurisdictional bar on attorneys’ fee awards.

  • October 2, 2017

    CIT Partly Tosses UPS Cross-Claims Over False Trade Docs

    The Court of International Trade on Friday found that UPS Supply Chain Solutions Inc. had waited too long to bring cross-claims against Canadian clothier Majestic Mills for providing UPS with false trade documents as part of an ongoing cross-border shipping dispute, granting Majestic Mills’ motion to dismiss the claims.

  • October 2, 2017

    Obama-Era WTO Case Against Canadian Wine Regs Lives On

    The Trump administration has revived an Obama-era World Trade Organization case against Canadian rules that have allegedly kept U.S. wine off grocery store shelves in British Columbia, according to a WTO document circulated on Monday.

  • September 29, 2017

    After Injury Ruling, Solar Cos. Spar With SEIA Over Remedy

    Two bankrupt solar manufacturers pressed the International Trade Commission this week to recommend that President Donald Trump implement the first industrywide "global safeguard" tariff in 15 years while a trade group warned that trade barriers would devastate the industry.

  • September 29, 2017

    Law Prof Wraps Up FOIA Win On ICE Seizure Of Legal Goods

    A Georgetown law professor says U.S. Immigration and Customs Enforcement could have dodged her just-wrapped Freedom of Information Act litigation by correcting an agency spokesman’s misstatement and producing requested documents regarding seizures of fair-use sports merchandise.

  • September 29, 2017

    WTO Dispute Roundup: Appellate Body Impasse Persists

    In Law360’s latest glimpse at the World Trade Organization’s Dispute Settlement Body, the members remain at odds over how to fill vacancies at the Appellate Body; a languishing fight over U.S. gambling rules resurfaces; and Europe looks to extinguish its biodiesel feud with Argentina.

  • September 29, 2017

    State Dept. Faces Congressional Sanctions Reporting Backlog

    The U.S. Department of State faces a backlog of congressional reports to support nonproliferation efforts against Iran, Syria and North Korea, mandated by a 2000 sanctions law, the U.S. Government Accountability Office said on Friday.

Expert Analysis

  • Opinion

    On CFIUS Reform, We Must Proceed With Caution

    DJ Rosenthal

    While some proposed changes to the Committee on Foreign Investment in the United States may be justified, others could undermine confidence in CFIUS as an unbiased institution acting in a fair and even-handed manner, says DJ Rosenthal, co-chairman of the CFIUS advisory practice at Kroll Associates.

  • Why A Hanjin Fleet Came To Hong Kong

    Dean Young

    The demise of Korea’s Hanjin Shipping Co. Ltd. was the largest bankruptcy of a container line in history, and recently resulted in the biggest ever court sale of ships in Hong Kong, totaling over $600 million. Hong Kong’s legal system makes it an ideal venue for ship mortgage enforcement, say attorneys with Mayer Brown JSM.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Sanctions Compliance Lessons From Recent OFAC Actions

    Mike Casey

    Three recent enforcement actions by the Office of Foreign Assets Control illustrate that OFAC is increasingly bringing cases against nonfinancial institutions, taking aggressive jurisdictional and interpretative positions, and focusing its efforts on Iranian sanctions. Financial and nonfinancial institutions should therefore assess their sanctions risk, say attorneys with Kirkland & Ellis LLP.

  • Inside China's New Policies On Overseas Investments

    Lester Ross

    Several policies and rules were introduced in 2016 and 2017 to tighten China's control and supervision of overseas investment activities, including new guidelines promulgated last month. These policies impose a much stricter regulatory regime, raise hurdles for cross-border currency outflows, and place particular emphasis on certain areas, say Lester Ross and Kenneth Zhou of WilmerHale.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Can Trump Withdraw From NAFTA Without Congress?

    Gunjan Sharma

    The mention of a possible executive order on the North American Free Trade Agreement raises a complicated constitutional law question: Can President Donald Trump unilaterally, without congressional action or approval, withdraw from NAFTA? There is room for debate, says Gunjan Sharma of Skadden Arps Slate Meagher & Flom LLP.

  • Shkreli Trial And Other Magic Tricks: A Chat With Ben Brafman

    Randy Maniloff

    Ben Brafman’s clients don’t need a lawyer — they need a magician. And for 40-plus years, the man has been pulling rabbits out of hats, most recently finding jurors able to sit fairly in judgment of Martin Shkreli, called “the most hated man in America.” Last month I visited Brafman to discuss his remarkable career, says Randy Maniloff of White and Williams.

  • How New US Sanctions On Venezuela Target Financing

    Satish Kini

    Based on reports from the few days since the sanctions were issued, it appears likely the new sanctions will have their intended effect of restricting access to U.S. financial markets by the Venezuelan government and its state-owned enterprises, such as Petróleos de Venezuela SA, according to attorneys with Debevoise & Plimpton.