International Trade

  • January 23, 2018

    International Trade Group Of The Year: Kelley Drye & Warren

    Kelley Drye & Warren LLP helped initiate half of the 79 anti-dumping and duty investigations launched by the Department of Commerce in 2017. That, and its track record of wins for big companies in the steel and aluminum industries and small American businesses alike earned it a spot among Law360's International Trade Groups of the Year.

  • January 22, 2018

    Rarely Used ITC 100-Day Program Still Has Positive Effect

    A U.S. International Trade Commission program to resolve some issues in patent cases within 100 days, launched nearly five years ago, has been used only a handful of times, but attorneys say it is an effective tool to streamline cases and improve the quality of patent complaints.

  • January 22, 2018

    Furniture Co. Wants FCA Duty Evasion Suit Tossed

    Florida-based Blue Furniture Solutions LLC asked a Texas federal judge on Friday to toss a False Claims Act suit alleging its related company XMillenium LLC evaded millions of dollars of anti-dumping duties and customs fees, saying the federal government hasn’t adequately alleged it participated in a scheme to undervalue imported goods.

  • January 22, 2018

    Fed. Circ. Says Chinese Solar Cells Hurt US Producers

    The Federal Circuit on Monday upheld rulings by the U.S. Court of International Trade and the U.S. International Trade Commission that imports of solar cells from China harmed U.S. producers, according to an opinion issued by the appeals court.

  • January 22, 2018

    State Dept. OKs Possible $6.5B Sale Of F-35s To Belgium

    The U.S. Department of State has approved a tentative $6.5 billion sale of 34 F-35 Lightning II fighter jets to Belgium, dependent on whether the jet wins a Belgian competition, according to an announcement made public on Friday.

  • January 22, 2018

    WTO Dispute Roundup: US Keeps Appellate Body Languishing

    In Law360’s latest glimpse of the World Trade Organization Dispute Settlement Body, the U.S. delegation continues to block the appointment of new Appellate Body judges while members squabble over compliance in cases centering on washing machines, food products and paper.

  • January 22, 2018

    Trump OKs New Tariffs On Solar Cells, Washing Machines

    President Donald Trump on Monday approved new tariffs and quotas on imports of solar cells and washing machines, capping a pair of contentious trade battles and marking the first time the U.S. has imposed safeguard restrictions since 2001.

  • January 22, 2018

    International Trade Group Of The Year: Kirkland & Ellis

    Guiding such major deals as Blackstone Group’s $6.1 billion TeamHealth buyout and winning hard-fought battles before the U.S. International Trade Commission last year earned the international trade and national security practice at Kirkland & Ellis LLP a place on Law360's Practice Groups of the Year list.

  • January 22, 2018

    USTR Raps China, Russia For Flouting WTO Rules

    The Office of the U.S. Trade Representative released two reports on Friday showing that China and Russia have not abided by World Trade Organization rules, with the agency saying in the report on China that there are “serious problems” with China’s trade regime.

  • January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues. 

  • January 19, 2018

    Transfer Price Change Can't Alter Customs Value: EU Court

    German customs officials are not required to retroactively adjust the value of imported items based on changes made under a transfer pricing arrangement between a subsidiary in the country and its Japanese parent company, the European Union’s top court has ruled.

  • January 19, 2018

    WTO Sets Deadline For US Dumping-Calculation Changes

    The World Trade Organization on Friday said the U.S. has until Aug. 22 to alter its calculation methods for anti-dumping duties as part of its compliance with adverse rulings made in a dispute with China at the global trade body.

  • January 19, 2018

    Trade Agencies Will Feel Gov't Shutdown Sting

    The shuttering of the U.S. government will have dramatic effects across the vast federal bureaucracy, and the nation’s trade apparatus is no exception, with agencies preparing for a considerable hit to ongoing negotiations and the enforcement of U.S. trade laws.

  • January 19, 2018

    CIT Upholds Redone Results In China Nails Dumping Case

    The U.S. Court of International Trade on Thursday sustained the U.S. Department of Commerce’s reconsidered results in an anti-dumping duty review involving nails from China for the period of 2010-2011, saying the decision is lawful and backed up by sufficient evidence.

  • January 19, 2018

    International Trade Group Of The Year: Covington & Burling

    Covington & Burling LLP's international trade group advised on acquisitions worth billions, defended Bombardier against allegations it sold aircraft in the U.S. at unfairly low prices, and represented Chinese respondents in a rare price-fixing case at the International Trade Commission, placing it among Law360's 2017 Practice Groups of the Year.

  • January 18, 2018

    Chinese, Indian Steel Flange Imports Hit With Duties

    The U.S. Department of Commerce on Wednesday settled on preliminary countervailing duties against imports of stainless steel flanges from China and India, finding that producers in the two countries had received subsidies ranging from 174 percent to nearly 240 percent, to the detriment of domestic manufacturers.

  • January 18, 2018

    Mexico Looks To Woo Investors Even As Trade Talks Drag On

    Mexico's decision last week to allow disputes to be brought against it at the International Centre for Settlement of Investment Disputes sends a "loud message" that the country is open for business, attorneys say, regardless of what happens in trade talks with its North American neighbors.

  • January 18, 2018

    Toisa Owner Release Deal Gets OK Over US Trustee Objection

    A New York bankruptcy judge on Thursday approved a settlement that would shake up Toisa Ltd.'s corporate governance and release the bankrupt oil fleet operator's sole shareholder from potential creditor litigation, strongly rebuking the U.S. Trustee's office for challenging a deal with unanimous support from stakeholders.

  • January 18, 2018

    State Dept. OKs $500M Saudi Arabia Missile Support Deal

    The U.S. Department of State has approved a proposed $500 million deal to provide missile system support services to Saudi Arabia, the Defense Security Cooperation Agency said Wednesday, continuing a strong trend of Foreign Military Sales deals made so far under the Trump administration.

  • January 18, 2018

    CFIUS Changes Could Harm Export Regime, Panel Says

    Proposed changes to the Committee on Foreign Investment in the United States could be beneficial to U.S. national security, but lawmakers should be careful not to unintentionally stifle outbound investment, a panel of experts told the Senate Committee on Banking, Housing and Urban Affairs on Thursday.

Expert Analysis

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Warnings Against Global Patent Licensing Remedies

    Koren Wong-Ervin

    Last week, the Organization for Economic Cooperation and Development held a roundtable on extraterritorial remedies, including on global portfolio-wide remedies in antitrust patent licensing cases. Koren Wong-Ervin, director of IP and competition policy at Qualcomm Inc., reviews some of the public statements made by speakers at the off-the-record event.

  • Opinion

    Standoff At WTO Is Giving Trade Ministers The Jitters

    Robert McDougall

    The World Trade Organization is in Buenos Aires this week for its biennial conference with increasingly diminished expectations for updating international trade rules. One subject not on the agenda, but likely to be hotly debated, is the ongoing U.S. block on the appointment of new WTO Appellate Body members, says former WTO permanent delegate Robert McDougall, now a senior fellow at the Centre for International Governance Innovation.

  • Series

    40 Years Of FCPA: A View From The Monitorship Trenches

    Gil Soffer

    There have been many articles on the corporate monitor selection process, but you will find little guidance on how to prepare yourself for a job that has few parallels. There are three key lessons I have learned over the course of a Foreign Corrupt Practices Act monitorship still in progress, says Gil Soffer of Katten Muchin Rosenman LLP.

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • Considerations Before Self-Reporting Under New FCPA Policy

    Olga Greenberg

    The U.S. Department of Justice’s new Foreign Corrupt Practices Act policy confirms and reiterates the standards for voluntary self-disclosure, full cooperation, and timely and appropriate remediation. However, firms have to carefully assess the potential benefits along with the costs and risks, say attorneys with Eversheds Sutherland.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • Series

    40 Years Of FCPA: The Siemens Lesson — Tillerson Is Right

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    Since its whopping $800 million Foreign Corrupt Practices Act settlement in 2008, Siemens cleaned up — and it has “cleaned up” in its long-standing competition with General Electric. How? As Secretary of State Rex Tillerson reportedly told President Donald Trump, you don’t need to pay bribes to succeed in international business, says Peter Y. Solmssen, former general counsel of Siemens.

  • Basic Human Rights: Whose Job Is Enforcement?

    Dan Weissman

    The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.

  • Series

    40 Years Of FCPA: The Rise In International Enforcement

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    The 2008 Siemens matter — then the largest sanction ever imposed in a Foreign Corrupt Practices Act enforcement action — set the stage for future cross-collaboration in global anti-corruption enforcement, say Cheryl Scarboro, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission, and Diana Wielocha of Simpson Thacher & Bartlett LLP.