International Trade

  • June 30, 2017

    Canadian Justices Balk At ‘Promise Doctrine’ In Drug IP Row

    The Supreme Court of Canada on Friday found that an AstraZeneca patent asserted against Apotex Inc. was not invalid, dealing a blow to the country’s controversial "promise doctrine," which requires inventions to deliver on promises and has been the subject of North American Free Trade Agreement arbitration.

  • June 30, 2017

    Chancery Hits China Integrated Investors With Sanctions

    A Delaware Chancery judge found several China Integrated Energy Inc. investors in contempt Friday for filing a derivative lawsuit in New York on claims that had already been settled and released in the First State, ordering the investors to cover the legal fees of the company’s former brass.

  • June 30, 2017

    US Teeing Up New S. Korea Trade Talks As Trump False Starts

    President Donald Trump on Friday falsely claimed that the U.S. had begun renegotiating its free trade agreement with South Korea, hours before the White House clarified that the administration would soon convene a special committee to reopen the agreement.

  • June 30, 2017

    CDM Smith Gives Up $4M In India Profits To Avoid FCPA Case

    The Boston-based engineering and construction group CDM Smith Inc. won’t be prosecuted for violating the Foreign Corrupt Practices Act after it admitted to making $4 million on bribe-tainted contacts in India, made reforms and agreed to surrender the profits, the U.S Department of Justice said on Thursday.

  • June 30, 2017

    Feds Seek To Keep Poverty, Climate Out Of UN Bribery Trial

    Prosecutors sought on Friday to block a Chinese businessman accused of bribing United Nations officials from painting the alleged scheme as a bid to fight climate change and other problems that affect developing countries, expressing concern the trial would veer off course.

  • June 30, 2017

    US Steel Probes Draw Fire From WTO Members

    A coalition of powerful World Trade Organization members took a stand Friday against possible new U.S. restrictions on aluminum and steel imports, warning that the Trump administration is posing “systemic risks” to the global trading system by attempting justify trade barriers with national security claims.

  • June 30, 2017

    G-20 Trade Hurdles Still On The Rise But Slowing, WTO Says

    The World Trade Organization issued the latest missive in the ongoing discussion of global protectionism Friday by reporting that while trade barriers among G-20 nations are on the rise, the rate of growth has slowed compared to years past.

  • June 30, 2017

    Senate Tweaks Sanctions Bill To Allay House Concerns

    The Senate on Thursday reached an agreement on technical changes to recently passed bipartisan Iran and Russia sanctions legislation in an effort to facilitate passage of the bill in the House of Representatives.

  • June 29, 2017

    UN Bribery Suspect Just Rich Do-Gooder, Attys Tell Jury

    Attorneys for a Chinese billionaire accused of bribing United Nations officials in violation of the Foreign Corrupt Practices Act portrayed him as a philanthropist taken advantage of by deceitful associates in their opening arguments at Manhattan federal court Thursday.

  • June 29, 2017

    Canadian Miner Lobs $4.4B Arbitral Claim Against Romania

    Canadian mining company Gabriel Resources Ltd. announced Thursday that it plans to lodge a claim for $4.4 billion in arbitration proceedings it initiated against Romania regarding losses the firm said it incurred over delayed gold and silver mining projects.

  • June 29, 2017

    Embraer Blasts Investor Suit Over Alleged Bribery Scheme

    Embraer SA and its top officers urged a New York federal court on Wednesday to toss a proposed class action claiming the Brazilian aircraft manufacturer hid a bribery scheme from investors, arguing the company disclosed everything it was supposed to regarding its past alleged violations of the Foreign Corrupt Practices Act.

  • June 29, 2017

    USTR To Probe Bolivia Child Labor, Permit Duty-Free Luggage

    After a review of a trade program that allows compliant developing countries to import certain goods duty-free, the Office of the U.S. Trade Representative announced Thursday that it will investigate Bolivia’s child labor practices and adjust eligibility of certain products, including luggage.

  • June 29, 2017

    Trump Touts Fossil Fuel Exports, Nuke Aid In Energy Speech

    In a speech heavy on championing fossil fuel development and exports, President Donald Trump said Thursday that he would lift an Obama-era restriction on financing overseas coal projects and direct the U.S. Department of Energy to examine ways to help prop up the struggling nuclear energy industry.

  • June 29, 2017

    Oregon Senator Proposes Next-Gen NAFTA For Internet Trade

    Senator Ron Wyden, D-Ore., laid out his blueprint to revamp the North American Free Trade Agreement for the digital economy on Thursday at an Internet Association event on Capitol Hill, calling for protections for online sellers, a balanced approach to copyright and the free flow of data internationally.

  • June 29, 2017

    Experts Split On Group To Curb Int'l Antitrust Abuse

    A number of antitrust practitioners told a House panel Thursday they needed a new high-level working group to help mitigate international abuses of competition law that harm U.S. companies, following on a Chamber of Commerce-commissioned report on antitrust enforcement.

  • June 29, 2017

    US Sawblade Trade Group Sues Over China Dumping Review

    A U.S. trade group sued in the Court of International Trade on Tuesday, alleging that the U.S. Department of Commerce’s anti-dumping calculation on diamond sawblades imported from a Chinese company did not comport with the law, and if they win it could affect duties faced by other importers.

  • June 29, 2017

    EU Keeps Up WTO Fight Against Boeing Subsidies

    The European Union’s policy branch has appealed the World Trade Organization’s most recent ruling in its long-running dispute with the U.S. over subsidies to aircraft titan The Boeing Co., the WTO said on Thursday.

  • June 29, 2017

    Jury Rings Up Iran-Linked Charity In $1B Forfeiture Fight

    A Manhattan federal jury on Thursday held an Iran-linked charity extensively liable for violations of sanctions against the Middle Eastern power, tracing its proceeds to money laundering on the country's behalf and dealing prosecutors a win in a decadelong real estate civil forfeiture effort said to be the largest in U.S. history.

  • June 28, 2017

    Search For UN Bribery Trial Jurors Stretches Into 4th Day

    A third day of jury selection in the trial of a Chinese businessman accused of bribing United Nations officials ended without a panel Wednesday as a Manhattan federal judge struggled to find people who would be able to serve for up to six weeks.

  • June 28, 2017

    CIT Judge Dismisses Suit Over Glycine Imports

    A U.S. Court of International Trade judge determined that the final computation of duties on glycine from India mooted a lawsuit that argued the synthetic amino acid actually originated in China and should have faced heavy anti-dumping tariffs.

Expert Analysis

  • 9 Things To Know About Trump's Paris Agreement Decision

    Ethan Shenkman

    After declining to recommit to the Paris climate change agreement at the recent G-7 summit, it came as little surprise that President Donald Trump announced the U.S. will withdraw from the Paris climate accord. Attorneys with Arnold & Porter Kaye Scholer LLP discuss some of the most important aspects of this development.

  • ECJ Ruling Looms Large For Future EU Trade Agreements

    Arif Ali

    The Court of Justice of the European Union decided recently that free trade agreements concluded with the EU must receive prior approval by each member state if they provide for investor-state arbitration. The ruling, given in the context of the EU-Singapore Free Trade Agreement, is likely to interfere with the conclusion of all future EU agreements containing such provisions, say attorneys with Dechert LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

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    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • Don’t Sell US Short On Cross-Border M&A — But Mind CFIUS

    Alexander Koff

    The question many are asking now: What impact, if any, will the Trump administration’s inward-looking U.S. international economic policy stance have on future deal flow? Alexander Koff of Venable LLP shares an educated guess.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Sanctions ​And Export Control Risks For Health Care Cos.

    Zachary Brez

    Recent settlements suggest an emerging trend in which the U.S. government is bringing enforcement actions against health care companies for violating economic sanctions and export control laws. Many health care companies are large organizations with expansive international operations, distributors and end users, making them natural targets due to the laws' broad extraterritorial applications, say attorneys with Ropes & Gray LLP.

  • A Win For Sovereign Immunity

    Owen Pell

    The U.S. Supreme Court's recent ruling in Venezuela v. Helmerich & Payne should make it easier for foreign states and their agencies and instrumentalities to avoid unfounded suits under the Foreign Sovereign Immunities Act. And plaintiffs can no longer avoid dismissal of their claims by asserting that a factual finding on jurisdiction would also decide a merits issue, say attorneys with White & Case LLP.