International Trade

  • March 15, 2017

    For Caterpillar, Federal Raid May Mean More Than Tax Trouble

    The IRS has challenged six years of tax returns filed by Caterpillar, but tax troubles may be the least of the construction equipment giant’s problems after a massive surprise raid by federal enforcement authorities signaled the possibility of more serious financial crimes.

  • March 15, 2017

    Sens. Won't Say If FBI Has Launched Trump Russia Probe

    Lawmakers on Wednesday following a meeting with FBI Director James Comey refused to reveal whether the FBI is investigating potential links between campaign staff for President Donald Trump and Russian officials, as House Intelligence Committee leaders pushed back against Trump’s claims that he had been wiretapped by the previous administration.

  • March 15, 2017

    Obama Admin. Wonks Dismiss Border Tax Projections

    The border adjustment tax, a central component of the GOP framework for corporate tax reform, is unlikely to raise the $1.2 trillion in additional revenue Republicans are relying on to pay for steep rate cuts, according to two Obama administration economic policy experts.

  • March 15, 2017

    There's More On USTR's Plate Than New Tariffs And NAFTA

    Most of the Trump administration's trade policy has focused on overhauling the North American Free Trade Agreement and imposing punitive tariffs, but Tuesday's hearing to consider a new U.S. trade representative brought to light the litany of other trade issues facing the White House.

  • March 15, 2017

    Commerce Says S. Korea Subsidized Steel Imports

    The Department of Commerce has made a preliminary decision to impose countervailing duties on steel imported by six South Korean producers in 2015, including Hyundai Motor Group and Samsung Group units, after finding they received government subsidies, though the agency freed from the investigation eight other companies that certified they didn’t import the products.

  • March 15, 2017

    Investors Could Be At Risk Under India's New Model Treaty

    India has begun to renegotiate its investment treaties following a 2011 decision finding it liable for keeping an Australian investor's AU$4.08 million ($3.09 million) arbitral award on ice for nearly a decade, a move that will require a nuanced approach to ensure inbound and outbound investment aren't adversely affected.

  • March 15, 2017

    Experts Want Coordination Of Competition, Trade Policies

    A group of experts commissioned by the U.S. Chamber of Commerce released a report Tuesday calling for more coordination of competition and international trade policies to prevent other countries from using antitrust enforcement actions inappropriately.

  • March 15, 2017

    ITA Finds Mattress Springs From China Sold At Unfair Value

    The U.S. Department of Commerce's International Trade Administration on Wednesday announced that it has found mattress spring units imported from China are being sold in the U.S. at less than fair value, leaving intact a dumping margin for a Malaysian company regarding its China-based exports of the product.

  • March 14, 2017

    Sens. Seek Food Safety Review For Foreign Sales Of US Cos.

    A bipartisan pair of senators on Tuesday unveiled legislation aimed at making sure that overseas companies who want to buy American companies have to go through a review to make sure that the deal wouldn’t imperil food security and safety in the U.S.

  • March 14, 2017

    Tile Importer Says Stock-Drop Settlement Is Covered

    A specialty tile importer is claiming its excess insurance policy should cover it for the settlement of a shareholder suit despite an exclusion for prior wrongful acts, arguing the acts at issue weren’t “wrongful” until after the policy went into effect.

  • March 14, 2017

    Trump USTR Pick Pushes Trade Policy Shifts At Senate Panel

    A Senate panel grilled President Donald Trump’s pick to be the United States trade representative Tuesday, questioning Skadden Arps Slate Meagher & Flom LLP trade attorney Robert Lighthizer over substantial shifts in the country’s trade policy toward bilateral negotiations.

  • March 14, 2017

    US Customs Says Mods Don’t Make Brazilian Plane American

    U.S. Customs and Border Protection has refused to classify a Brazilian-made military cargo plane as a U.S. product for purposes of government procurement, rejecting claims that its country of origin should be changed when the aircraft is modified for a firefighting contract.

  • March 14, 2017

    Russia Finds Apple Illegally Fixed Prices On IPhones

    Russia’s antitrust regulator on Tuesday said Apple Inc.’s Russian subsidiary was guilty of a scheme to fix prices on several models of iPhones sold at retail stores in the country beginning in 2015.

  • March 14, 2017

    DC Circ. Says Firm Faces No Threat From ITAR Broker Rule

    The D.C. Circuit on Tuesday rejected a law firm’s challenge to a State Department rule on arms export “brokering activities” that the firm claimed could wrongly force it to reveal confidential client information, saying there was no credible threat of the rule being enforced against the firm.

  • March 14, 2017

    ITC Kicks Off Probe Of Chinese Aluminum Foil

    The U.S. International Trade Commission on Tuesday got the ball rolling on its investigation of imported Chinese aluminum foil, which a domestic industry group has alleged is being unfairly dumped and subsidized at the expense of U.S. producers.

  • March 14, 2017

    Wynn’s FCPA Defamation Suit Faces Skeptical 9th Circ.

    Casino mogul Steve Wynn on Tuesday didn’t seem to convince a Ninth Circuit panel to revive his claim that short-seller James Chanos defamed him with public accusations of Foreign Corrupt Practices Act violations, with one judge saying during a hearing that Chanos’ statements were vague and “not defamatory.”

  • March 14, 2017

    Reciprocity In CFIUS Reviews Might Hit Chinese Deals Hardest

    There appears to be growing momentum behind the notion that the Committee on Foreign Investment in the United States should incorporate investment reciprocity into its national security reviews of inbound transactions, a policy shift that would weigh the heaviest on Chinese buyers if enacted.

  • March 14, 2017

    Romania Readies To Scrap Bilateral EU Investment Treaties

    Romania is clear to scuttle its 22 existing one-to-one investment treaties with other European Union members through a bill approved by the country’s lawmakers last week under pressure from the European Commission's targeting of such intra-block bilateral deals.

  • March 14, 2017

    Commerce Knocks Chinese Sink Duty Appeal In Fed. Circ.

    The U.S. Department of Commerce has slammed a Chinese company's challenge to a U.S. Court of International Trade decision upholding an anti-dumping tariff on Chinese stainless steel sinks, telling the Federal Circuit the company has shown no evidence the ruling was made in error.

  • March 14, 2017

    All Eyes On Chile As TPP Parties Chart New Path

    Government officials from the 12 Trans-Pacific Partnership nations kicked off a two-day summit in Chile on Tuesday to discuss a path forward on trade following President Donald Trump’s decision to withdraw the U.S. from the now-beleaguered accord.

Expert Analysis

  • GC Whistleblowing And Other Implications From Bio-Rad

    Matthew Solomon

    Many aspects of the whistleblower retaliation case against Bio-Rad Laboratories brought by former general counsel Sanford Wadler — including Wadler’s sizeable recovery and a series of plaintiff-friendly decisions — bring to the forefront significant issues relevant to public companies, directors and other corporate stakeholders, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • ERM And The Role Of Counsel In Cross-Border Investments

    Robert Ginsburg

    With the increased popularity of enterprise risk management in multinational companies, executives are asking employees to redefine their roles. Robert Ginsburg, founder of RBG Global, explores how some of the most insidious cross-border risks fall through the cracks and decimate investments — and how lawyers and ERM can catch them before they manifest as losses.

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • To CDO Or Not To CDO: Commissioners At ITC Are Split

    Benjamin Levi

    Under current U.S. International Trade Commission precedent, a complainant is generally required to show the presence of commercially significant levels of domestic inventory to obtain a cease-and-desist order. However, recent ITC decisions have revealed differing commissioner viewpoints regarding whether, and the circumstances under which, a CDO should issue, says Benjamin Levi of McKool Smith PC.

  • The Cyber Ecosystem: Evolving Tech And Risk Governance

    Sonja S. Carlson

    The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • 2-For-1 Executive Order Leaves OMB To Work Out Details

    Laurence Platt

    While President Donald Trump’s recent executive order reducing regulations may seem appealing in its simplicity, the White House has provided agencies with little guidance on its implementation, instructing them to call the Office of Management and Budget with questions. Yet the OMB's ability to provide answers will be impaired by a lack of clear legal standards, say Laurence Platt and Joy Tsai of Mayer Brown LLP.

  • Checking In On ITC Pilot Program For Redesigns

    Brian Busey

    The U.S. International Trade Commission has issued four decisions under its pilot program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products. The speed with which proceedings have progressed may encourage parties to make greater use of the program in the future, say Brian Busey and Aaron Rauh of Morrison & Foerster LLP.