International Trade

  • June 9, 2017

    Investors Hold Edge In ISDS Cases Decided On Merits: Report

    Investors involved in disputes with national governments have fared better than their state counterparts in treaty-based investor-state dispute settlement cases that have been decided on the merits, according to a recent United Nations report.

  • June 9, 2017

    Atty Beats Muzzling Motion In Chiquita MDL

    A Florida federal judge has refused to impose confidentiality requirements on one attorney representing relatives of murdered hostages who allege that Chiquita Brands International Inc. paid off armed factions in Colombia, saying the identities of some unnamed plaintiffs, which the attorney disclosed to the fruit distributor, were not privileged.

  • June 9, 2017

    Election Shake-Up Thickens Fog For London's Financial Firms

    New Brexit uncertainties are plaguing Britain’s financial services sector in the wake of Thursday’s snap election that left the country without a clear majority party in Parliament, as lawyers warn the results bode ill for U.K. negotiators hoping to win a good trade deal from European Union counterparts.

  • June 9, 2017

    Commerce Drops Korea Steel Pipe Duties, Still Sees Dumping

    The U.S. Department of Commerce revised downward the already low anti-dumping duty on Korean steel pipe, but also said it still finds that the product has been sold at less than normal value, according to a final decision published on Thursday.

  • June 9, 2017

    Jaguar Hit With Antitrust Suit Over Export Restrictions

    Jaguar Land Rover North America LLC has prevented purchasers from reselling its vehicles abroad in an effort to maintain the company’s own foreign sales, violating state and federal antitrust laws, according to a proposed class action filed in New Jersey federal court on Thursday.

  • June 9, 2017

    India Challenges US Compliance In WTO Steel Battle

    The Indian government opened a new front in its long-running World Trade Organization crusade against U.S. steel tariffs Friday, asserting that the U.S. has not done enough to comply with panel decisions that faulted those duties.

  • June 9, 2017

    WTO Hands EU A Pyrrhic Win In Boeing Subsidy Saga

    The European Union’s long-running imbroglio with the U.S. over subsidies to aircraft titan Boeing lurched ahead Friday as a World Trade Organization compliance panel ruled that just one of the 29 federal and state funding programs targeted by the EU was still violating WTO rules.

  • June 9, 2017

    May Links With DUP To Govern, Will Press Ahead With Brexit

    British Prime Minister Theresa May said on Friday she will form a Conservative government backed by Northern Ireland’s Democratic Unionist Party, asserting that this alliance will enable the U.K. to take part in Brexit negotiations with European officials as planned.

  • June 9, 2017

    EU Officials Say UK Election Casts Doubt Over Brexit Talks

    Senior European Union officials warned on Friday that the uncertainty arising from Prime Minister Theresa May's lost majority in the U.K. Parliament is threatening the planned June 19 starting date for Brexit negotiations and lengthens the odds of a successful deal before the March 2019 deadline.

  • June 9, 2017

    Conservatives Lose Majority In UK Snap Election

    Theresa May's Conservative Party has lost its parliamentary majority in Thursday's elections, a surprise outcome that plunges the U.K. into political instability and casts new doubt on the country's plans to leave the European Union.

  • June 8, 2017

    Senate Democrats Push For Russia Sanctions In Iran Bill

    Senate Democrats are pushing for tougher sanctions on Russia in the wake of former FBI director James Comey’s bombshell testimony Thursday on his interactions with President Donald Trump, arguing the penalties should be added to a bill on Iran sanctions and potentially holding off a vote on that bill.

  • June 8, 2017

    Action On Steel Security Probe Expected Within Weeks

    The U.S. Department of Commerce is expected to issue its findings in a rare national security-focused investigation of steel imports “in the next couple weeks,” an agency spokesman told Law360 on Thursday, continuing the probe’s fast-tracked trajectory.

  • June 8, 2017

    CIT Tells Commerce To Revisit Scope Of PET Film Challenge

    The Department of Commerce must justify its determination that a subset of polyethylene terephthalate film imported by a Brazilian company falls outside the scope of a 2013 anti-dumping duty order, the U.S. Court of International Trade ruled Thursday.

  • June 8, 2017

    In Shift, US Pledges To Improve WTO Functionality

    U.S. Trade Representative Robert Lighthizer on Thursday said that the U.S. will be active in helping to keep the World Trade Organization functioning effectively, striking a markedly warmer tone toward the Geneva-based trade forum than the Trump administration has in the past.

  • June 8, 2017

    3 Biz Groups Urge Gov'ts To Preserve NAFTA Benefits

    North American business leaders urged the governments of Mexico, Canada and the U.S. on Wednesday to avoid adding trade barriers to the North American Free Trade Agreement as the three countries look to modernize the 1994 pact.

  • June 8, 2017

    SanDisk Class Buyers Want Antitrust Suit Revived

    Flash memory card direct purchasers urged the Federal Circuit in oral arguments Thursday to revive their antitrust class action accusing SanDisk Corp. of fraudulently hoarding patents in order to monopolize the memory card market, arguing a lower court wrongly disregarded an executive branch invalidity finding.

  • June 8, 2017

    CIT Rejects Challenge To Duties On Chinese Garlic

    The U.S. Court of International Trade on Wednesday upheld duties imposed on imports from a Chinese garlic producer, rejecting the company’s claim that the U.S. Department of Commerce relied on “aberrational values” in calculating the tariffs.

  • June 7, 2017

    CIT Backs Commerce Subsidy Rate For Chinese Solar Panels

    The U.S. Court of International Trade on Wednesday upheld a subsidy rate the U.S. Department of Commerce had calculated for Chinese solar panels, finding the agency had explained why it changed its methodology when reviewing the initial rate.

  • June 7, 2017

    Hitachi Challenges Steel Plate Duties At CIT

    A Japanese steel plate manufacturer on Tuesday asked the U.S. Court of International Trade to nix anti-dumping and countervailing duties on tool steel, claiming it is a specialty class of merchandise that was improperly included in a broader investigation into carbon and alloy steel plate.

  • June 7, 2017

    Experts Outline Keys To A New Int'l Investment Court

    Two prominent arbitrators have laid out core issues facing an effort to establish a new multilateral investment court amid increasing frustration with current frameworks for resolving investor-state disputes, part of a broader push for a system that supplants bilateral investment treaties.

Expert Analysis

  • How China Became An IP Superpower

    Jay Erstling

    China has repeatedly been labeled an intellectual property pirate and wholesale IP rights violator, but those labels are no longer accurate. Today, applicants who overlook China do so at their peril, says Jay Erstling, of counsel at Patterson Thuente Pedersen PA and former director of WIPO's Patent Cooperation Treaty Office.

  • Why US Law Firms Need Anti-Money Laundering Policies

    Kristine Safos

    For U.S. law firms, anti-money laundering compliance are a business necessity. As large financial institutions and other clients adopt their own AML policies, they expect law firms they work with to do the same. Kristine Safos of HBR Consulting offers guidance on AML and client due diligence best practices.

  • The ITC’s Evolving Approach To Cease And Desist Orders

    Daniel Valencia

    Over the past few years, commissioners at the International Trade Commission have shown interest in grappling with questions of the breadth and nature of the ITC’s power to issue cease and desist orders as a remedy for violations of Section 337. Several observations about the commission’s recent decisions are worth noting, say Augustus Golden and Daniel Valencia of Covington & Burling LLP.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Prosecuting The Person On The Other Side Of FCPA Violation

    Randall Eliason

    The Foreign Corrupt Practices Act applies only to the U.S. persons and companies who pay the bribes, not to the foreign officials who receive them. But the U.S. Supreme Court's Ocasio decision last year may revive a long-dormant legal theory — charging foreign officials with conspiracy to violate the FCPA, says Randall Eliason, a former federal prosecutor.

  • How Brexit May Harm The US Nuclear Industry

    John Matthews

    As it exits the European Union, the United Kingdom will also withdraw from Euratom — the European Atomic Energy Community. But U.S.-U.K. trade in nuclear materials is authorized through the U.S.-Euratom agreement. So unless swift action is taken to execute a new bilateral agreement, U.S.-U.K. nuclear trade may grind to a halt in 2019, says John Matthews of Morgan Lewis & Bockius LLP.

  • Clarifying UK Penalty Model For Financial Sanctions Breach

    Elizabeth Robertson

    While there are clear similarities between the recent guidance from HM Treasury’s Office of Financial Sanctions Implementation and the economic sanctions enforcement guidelines in the United States, companies that engage in activities subject to U.S. and U.K. financial sanctions should also understand the important differences between the two penalty regimes, say partners of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    Congress Should Increase Penalties On Internet Pharmacies

    Anthony Caso

    It's strange that Congress and the U.S. Food and Drug Administration have created an expensive and complex regulatory system to ensure the safety of American drugs and yet do not act on a gaping loophole that allows unscrupulous foreign entities to sell counterfeit or misbranded drugs with minimal risk, says Anthony Caso of Chapman University.

  • 13 FCPA Enforcement Actions Resolved In 2017 So Far

    Marc Bohn

    The first three weeks of 2017 served as a capstone to the flurry of Foreign Corrupt Practices Act enforcement activity that marked the end of 2016, while the remainder of the quarter saw little in the way of additional enforcement actions by the U.S. authorities. However, there are no significant indications that FCPA enforcement efforts will shift dramatically under the Trump administration, say attorneys with Miller & Chevalier Chtd.

  • The Changing Nature Of Payments In The US And UK

    Judith E. Rinearson

    Traditionally, U.S. and U.K. payment regulation has differed in that the U.S. emphasizes protecting underbanked consumers, while the U.K. focuses on leveling the playing field between large and small financial institutions. Despite changes with Brexit and the Trump administration, the U.K. and U.S. truly perceive different futures for payment regulation, says Judith Rinearson of K&L Gates LLP.