International Trade

  • January 9, 2017

    Japan Takes Aim At Indian Steel Safeguards In WTO Case

    Japan has brought India before the World Trade Organization’s dispute settlement body to resolve a fight over sweeping safeguard duty measures that New Delhi has imposed on steel imports.

  • January 9, 2017

    Feds Revise Export Controls On Spacecraft

    The U.S. departments of State and Commerce on Monday issued final rules adjusting export controls on satellites and other similar spacecraft and related equipment, loosening restrictions on exports of certain remote imaging devices, among other changes.

  • January 9, 2017

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2016 Practice Group of the Year awards, the law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.

  • January 9, 2017

    Mondelez Pays SEC $13M To End Indian Unit Bribery Probe

    Snack food giant Mondelez agreed on Friday to pay $13 million to the U.S. Securities and Exchange Commission to end allegations that its Cadbury unit in India didn’t properly monitor or record a consultant’s work to prevent potential anti-bribery law violations.

  • January 9, 2017

    High Court Won't Hear FCA Ambiguity Interpretation Dispute

    The U.S. Supreme Court on Monday rejected a petition asking it to consider whether companies can avoid False Claims Act penalties by claiming they made a reasonable interpretation of an ambiguous law, ending a long-running dispute over sales commissions paid under a U.S. Export-Import Bank loan.

  • January 9, 2017

    Fed. Circ. OKs Duty-Free Schlumberger Fracking Equipment

    The Federal Circuit on Monday ruled that imported particles used by Schlumberger Technology Corp. to aid its hydraulic fracturing efforts should get duty-free treatment, affirming an earlier decision that U.S. import authorities had misclassified the goods.

  • January 9, 2017

    Justices Won't Hear Chinese Trade Secrets ITC Case

    The U.S. Supreme Court on Monday said it will not tackle a case that saw the U.S. International Trade Commission sanction a Chinese company for stealing trade secrets, a penalty that the Chinese government warned was a dangerous extension of the trade agency’s jurisdiction.

  • January 9, 2017

    Commerce To Form Trade Enforcement Advisory Council

    The U.S. Department of Commerce is set to establish an advisory council on trade enforcement to make recommendations about how to ensure compliance from trade partners and to enhance the country’s commercial competitiveness, according to a notice in the Federal Register set to publish on Tuesday.

  • January 9, 2017

    Sens. To Push For Greater Russia Sanctions After Hacks

    Senior senators on the Armed Services Committee plan on introducing bills that would target Russia’s financial and energy sectors, in response to the campaign intended on using hacks and other measures to interfere in the U.S. presidential election, they said over the weekend.

  • January 9, 2017

    US Raps China For Shortcomings In IP, Steel, Antitrust Policy

    Nearing the end of its tenure, the Obama administration on Monday gave a stern rebuke to China for its failure to obey a litany of World Trade Organization rules, ripping Beijing for its shortcomings in intellectual property rights enforcement, shady competition laws and protectionist steel policies.

  • January 9, 2017

    Supreme Court Won't Review Belize Arbitration Award Fights

    The U.S. Supreme Court said Monday that it would not take up Belize's challenges to a trio of arbitration awards in cases that related to the standards for enforcement of a foreign arbitral award in the U.S.

  • January 6, 2017

    A Map Of Kirkland's Conflict Maze In Turkish Trader Case

    The conflict knots around appellate all-star Paul Clement and the Kirkland & Ellis LLP team representing a Turkish trader accused of defrauding megabanks also on the firm's client roster have produced a few unusual proposed solutions. Here are some key points about the Kirkland conflict conundrum.

  • January 6, 2017

    $19M Belize Award Row Has Unresolved Issues, Justices Told

    Belize has again urged the U.S. Supreme Court to take up its challenge to a D.C. Circuit decision to enforce a 38 million Belize dollar ($19 million) arbitral award to a telecommunications company, arguing that the U.S. is wrong to argue the dispute needs no further resolution.

  • January 6, 2017

    ITC Votes To Continue Canadian Softwood Lumber Probe

    The U.S. International Trade Commission voted to continue its investigation of softwood lumber imports from Canada, determining Friday that there is a reasonable indication the U.S. lumber industry is being harmed by imports that are either being sold at less than fair value or subsidized by Canada’s government.

  • January 6, 2017

    US Forges Ahead With More Duties On Foreign Steel

    A group of U.S. steel producers scored another trade victory Friday as the U.S. International Trade Commission finalized hefty tariffs on imports of cut-to-length steel plate from Brazil, South Africa and Turkey that had been sold at unfairly low prices.

  • January 6, 2017

    Trump Beefs Up New Trade Council With 2 Appointments

    President-elect Donald Trump on Thursday added two members to his new White House-level trade advisory panel, tapping defense adviser Alexander Gray and former U.S. Chamber of Commerce Vice President Rolf Lundberg to join his team.

  • January 6, 2017

    Gas Co., API Slams Enviros For Opposing LNG Export Project

    Dominion Cove Point LNG and the American Petroleum Institute urged the D.C. Circuit on Thursday to deny a bid by environmentalists to reverse the U.S. Department of Energy’s decision to approve the export of liquefied natural gas from a Dominion terminal in Maryland.

  • January 6, 2017

    5 Insights From General Electric's Alex Dimitrief

    “Data sovereignty” is a recent trend with important consequences for GE’s future as a digital industrial company. The technical challenges alone are immense. But compounding those challenges are the growing number of countries considering laws that would impede the flow of data across national borders, says Alex Dimitrief, general counsel of General Electric Co.

  • January 5, 2017

    Foreign Investors May Not Deserve Special Treatment: Study

    Investors in foreign countries tend to be treated as good or better than domestic investors by host state governments, a conclusion that may be at odds with a basic assumption underlying investment treaties, according to a recent study published by the University of Oxford.

  • January 5, 2017

    US Wallops Chinese Construction Goods With Final Tariffs

    Imports of Chinese equipment used in the construction of roads, foundations and other projects are being sold in the U.S. at less than fair value and receiving subsidies from the Chinese government, the U.S. Department of Commerce said on Thursday in its final determination of anti-dumping and countervailing duties.

Expert Analysis

  • OPINION: The ITC’s Opportunity To Seize The Moment

    Joshua D. Wolson

    The ITC investigation arising from a complaint by Varian Medical Systems Inc. is exactly the type of case for which Section 337 was designed — one in which a successful American innovator and manufacturer faces a foreign competitor importing infringing products manufactured in China or elsewhere overseas, says Joshua Wolson of Dilworth Paxson LLP.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel

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    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • How Latin America Is Stepping Up Anti-Corruption Efforts

    Morgan Miller

    For much of 2015 and 2016, barely a day went by without an anti-corruption-related headline involving Latin America, as companies operating throughout the region have and continue to become well acquainted with a growing appetite to root out corruption, say attorneys with Paul Hastings LLP.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • The Achilles' Heel Of Investor-State Arbitration Awards

    Kenneth Reisenfeld

    The reasoning for the costs award in Philip Morris v. Uruguay was spare, and illustrates a common Achilles’ heel in investor-state awards — the tribunal paid short shrift to the standards applied and the factual and legal bases for its cost allocation determination, say Kenneth Reisenfeld and Joshua Robbins of Baker & Hostetler LLP.

  • Offshore Patent Transfer Payments Draw IRS, Court Scrutiny

    Vikram Iyengar

    Tax inversions and the offshoring of intellectual property by U.S. companies grew from an arcane tax law subject to a popular election year issue this autumn. Transfer pricing is a significant area of scrutiny for the IRS, and recent Federal Circuit case law has resulted in dramatically reduced damages for infringement of offshored patents, say Vikram Iyengar and Charlene Morrow of Fenwick & West LLP.

  • OPINION: WTO Should Not Authorize Personal Property Theft

    John Veroneau

    Antigua is entitled to have its favorable WTO ruling enforced. But the World Trade Organization should not authorize the theft of U.S. intellectual property. If Antigua permits this theft, it will establish a terrible and unjust precedent that could become very costly if pursued by larger countries, says John Veroneau, a partner at Covington & Burling LLP and former Deputy U.S. Trade Representative.