International Trade

  • January 5, 2017

    Gardere Adds 5 International Trade Lawyers In Mexico City

    Gardere Wynne Sewell LLP said on Thursday that it has added two partners and three associates to the law firm’s international trade practice in Mexico City as it expands its presence in Latin America.

  • January 5, 2017

    Turkish Trader Wants To Retain Kirkland Despite Conflicts

    Accused international bank fraudster Reza Zarrab said Thursday he wants to keep a Kirkland & Ellis LLP team to support his defense despite conflicts the megafirm has with eight banks — even astonishingly agreeing to allow HSBC, a Kirkland client in a similar case, to examine his defense filings before they are made public.

  • January 5, 2017

    Commerce Moves Closer To Indian, Sri Lankan Tire Duties

    The Department of Commerce determined Wednesday that off-road tire manufacturers in India and Sri Lanka receive unfair government subsidies, setting them up to face tariffs of between 2 and 5 percent if it’s determined that U.S. businesses are harmed by the underpriced tires.

  • January 5, 2017

    China's Market Economy WTO Case Draws Eye Of Others

    Canada and Japan on Thursday decided to keep a closer eye on China’s World Trade Organization case challenging the U.S. and European Union’s failure to consider Beijing a “market economy,” citing the dispute’s potential to drastically alter the course of global anti-dumping policy.

  • January 5, 2017

    ITC To Look Into Chinese Knockoff Arrowhead Claims

    The U.S. International Trade Commission said Wednesday it has launched an investigation into whether Chinese companies are selling arrowheads that infringe a U.S. company’s patents.

  • January 5, 2017

    Froman Offers Parting Shot Against Trump Trade Doctrine

    U.S. Trade Representative Michael Froman on Thursday warned against the dangers of withdrawing from the global economy and opening the door for a China-dominated trading system, offering a firm rebuke of the sort of policy proposals offered by President-elect Donald Trump.

  • January 4, 2017

    GOP Import Tax May Be Doomed To Fail

    President-elect Donald Trump’s recent tweets threatening import taxes on U.S. companies that manufacture their products overseas has raised the ire of retail groups, and experts say the proposal may violate international treaties while ultimately failing to achieve the stated goal of creating domestic jobs.

  • January 4, 2017

    Food Processing Cos. Dodge Modified Corn Export Suit

    An Illinois federal judge on Wednesday dismissed a mass action brought by a group of farmers against Archer Daniels Midland and several other companies over an export snafu that led to a decline in corn prices, saying the bulk of their claims were preempted by federal law.

  • January 4, 2017

    Container Cos. Slam 'Retaliatory' Subpoenas In Hanjin Ch. 15

    Container companies told a New Jersey bankruptcy judge Wednesday that Hanjin Shipping Co. Ltd.’s “retaliatory” subpoenas and document requests are examples of discovery abuse and should be shut down, as the companies continue to fight to get paid as the collapsed carrier starts selling off its assets.

  • January 4, 2017

    FCC OKs Univision Foreign Ownership Over 25 Percent Limit

    The Federal Communications Commission on Tuesday agreed to allow foreign ownership of Univision Holdings Inc. beyond the usual 25 percent limit, permitting business partner Grupo Televisa S.A.B. a larger stake and finding that the ruling won’t hurt the public interest.

  • January 4, 2017

    New Zealand OKs US Turkey Imports

    New Zealand has approved the import of U.S. turkey meat after two years of negotiation, U.S. poultry growers associations announced Tuesday.

  • January 4, 2017

    Canada Rider Nixes Lloyd's Policy's Arbitration Clause: Court

    An Ontario judge has refused a request by a Lloyd’s insurer to send a Canadian trade financier’s lawsuit against it to London arbitration, saying an endorsement to the base policy meant to make it comport with Canadian laws opened the door to lawsuits and outweighed an arbitration clause.

  • January 4, 2017

    With Steel Under Scrutiny, US Keeps Monitoring Tool In Place

    The U.S. Department of Commerce will grant a five-year extension to a popular steel import monitoring program, the agency revealed Wednesday, keeping in place a valuable tool for a domestic industry that is fiercely at odds with its overseas competitors.

  • January 4, 2017

    5th Circ. Nixes Human Trafficking Suit Against KBR

    A split panel of judges on the Fifth Circuit affirmed a lower court's toss of a suit accusing Kellogg Brown & Root Inc. of violating the Alien Tort Statute and the Trafficking Victims Protection Reauthorization Act, citing Supreme Court precedent that they do not apply “extraterritorially.”

  • January 4, 2017

    Azevedo Sees No Opposition In Bid To Remain WTO Chief

    Current World Trade Organization Director-General Roberto Azevedo will have no challengers in his effort to secure a second term as the top man in Geneva, the WTO revealed Wednesday.

  • January 4, 2017

    Trump Picks Sullivan & Cromwell Partner To Head SEC

    President-elect Donald Trump will nominate Sullivan & Cromwell LLP partner Jay Clayton, a mergers and acquisitions partner with experience in Foreign Corrupt Practices Act enforcement, to replace Mary Jo White as chair of the U.S. Securities and Exchange Commission, Trump’s transition team announced Wednesday.

  • January 3, 2017

    Texas Sues FDA Over Death Penalty Drug Import Delay

    Texas sued the U.S. Food and Drug Administration in federal court Tuesday over delays in receiving a drug crucial to administering lethal injections, claiming the FDA has unnecessarily and improperly refused to clear a drug shipment the agency stopped at the border in 2015.

  • January 3, 2017

    Licenses On 5 Russian Entities Restricted For Hacking

    The Department of Commerce is placing restrictions on five Russian entities deemed current or potential threats to U.S. national security due to their suspected involvement in hacking operations intended to effect the outcome of the 2016 U.S. presidential election.

  • January 3, 2017

    Trump Threatens 'Border Tax' On GM Cars Made In Mexico

    General Motors Co. became the latest target of President-elect Donald Trump’s online missives Tuesday when he singled out the automotive company for manufacturing vehicles in Mexico and threatened a “big border tax” against imports by the company.

  • January 3, 2017

    CIT Dings Commerce For Solar Tariffs

    The U.S. Court of International Trade told the U.S. Department of Commerce to reconsider part of its countervailing duty determination with respect to solar panels from China, ruling Friday that the agency made a determination using adverse facts available without the requisite evidence.

Expert Analysis

  • Will The FCPA Get Trumped?

    Michael J. Shepard

    While we do not know what approach the Trump administration will actually take toward the FCPA, there is for the first time at least a reasonable chance that the long-standing upward trajectory of FCPA enforcement, and the industry that has grown around it, is at the top of a roller coaster, say Michael Shepard and Gejaa Gobena of Hogan Lovells.

  • Making 'Made In USA' Labels Great Again

    Annie Cai Larson

    What makes a product “Made in USA?” The Federal Trade Commission has a set of standards governing such claims, and has stepped up enforcement in recent years. But courts have disagreed on how to interpret the FTC's rules, and state statutes complicate the picture further, say Annie Cai Larson and Mitchell Morris of McGuireWoods LLP.

  • Inbound M&A Activity Adrift Post-Election

    Jeff Haidet

    Many speculate that President-elect Donald Trump's protectionist policies could ignite trade wars in which nations such as Mexico and China subsequently enact retaliatory tariffs against the U.S. This would cause prices to climb and could discourage foreign direct investment in the U.S., say Jeff Haidet and Catherine Dallas of Dentons.

  • Inside World Bank’s New Report On Fraud And Corruption

    Jonathan Poling

    The World Bank Integrity Vice Presidency's recently released annual report is a helpful document that provides parties participating in contracts involving World Bank financing with insight into the types of investigations handled by the bank, the investigation and sanctions process, and investigation and enforcement priorities for the coming year, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • Potential Increased CFIUS Scrutiny Under Trump

    Stephen Paul Mahinka

    There are several mechanisms available to the new Trump administration that could alter the scope and approach of reviews by the Committee on Foreign Investment in the United States, or even reopen previously cleared foreign investment transactions. The CFIUS could also expand its reviews to areas beyond national security, such as food safety and labor and employment, say attorneys with Morgan Lewis & Bockius LLP.

  • Phase-Down Of HFCs Depends On Trump Administration

    James Losey

    Negotiated, signed and ratified during the Reagan administration, the Montreal Protocol on Substances that Deplete the Ozone Layer is widely viewed as the world’s most successful environmental agreement. However, with the recent election in the United States, it is an open question whether the incoming administration will be inclined to ratify the Kigali Amendment to the agreement and implement it domestically, says James Losey of ... (continued)

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • FCA And Duty Orders: Key Weapons In A Trump Trade War?

    Mary Carter Andrues

    President-elect Donald Trump has vowed to renegotiate NAFTA and scrap the Trans-Pacific Partnership. But there has been virtually no discussion of how his administration would use the False Claims Act and anti-dumping and countervailing duty orders to protect U.S. companies from illegal dumping practices, particularly for products coming from China, say Mary Carter Andrues, Nancy Noonan and Karen Van Essen of Arent Fox LLP.

  • A Review Of Key Cases Against Executives In Q3

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    Attorneys with Miller & Chevalier Chtd. highlight the third quarter’s most significant cases and government investigations impacting corporate executives.