International Trade

  • March 31, 2017

    Why UK Now Needs To Worry About EU’s Article 218

    The U.K. government wants Brexit talks to run parallel to preparations for a quick trade deal, but lawyers say a key piece of European Union law firmly backs the EU's argument that formal trade talks can only begin when the U.K. is no longer a member of the union.

  • March 31, 2017

    EU Brexit Plan Would Deny UK Sector-Specific Trade Deals

    A blueprint for the European Union's Brexit negotiation goals precludes the U.K. from carving out bespoke deals for specific sectors, such as financial services, to access the EU single market after leaving the bloc, according to a copy seen by Law360 on Friday.

  • March 31, 2017

    Tusk Says Trade Talks Possible After Good Brexit Progress

    The European Union won’t discuss future market access for the U.K.’s banks and businesses until both sides have made “sufficient progress” on the details of how Britain will exit the bloc and its institutions, European Council President Donald Tusk said Friday.

  • March 30, 2017

    Trump Aims To Probe Trade Barriers, Boost Duty Collection

    President Donald Trump will flex his executive muscle on trade Friday by issuing one order that aims to weed out unfair trade policies among major U.S. partners and another that looks to improve duty collection and intellectual property enforcement at the nation’s borders.

  • March 30, 2017

    Union Pacific Digs For Early Win In $5.8M Unpaid Duties Row

    Union Pacific Railroad Co. told a federal judge on Thursday that logistics company Pactrans Air & Sea Inc. has wrongfully withheld $5.8 million in duties on behalf of the railroad, saying it should be granted summary judgment for the unpaid fee owed to United States Customs and Border Protection.

  • March 30, 2017

    Giuliani Won't Touch Turkish Trader Sanctions Case, Atty Says

    A Turkish gold trader accused of hiding banking transactions worth hundreds of millions of dollars in violation of U.S. sanctions on Iran retained Rudy Giuliani and former Attorney General Michael Mukasey for work other than settlement talks or trial preparation, one of his attorneys said in a Thursday filing.

  • March 30, 2017

    Aviation Service Co. Owner Gets 18 Months In Bribery Case

    The president and owner of Global Aviation Services, an airplane maintenance and repair company based in Houston, was sentenced by a federal judge in Texas on Thursday to 18 months in prison for his role in a $2 million scheme to bribe Mexican officials to secure service contracts.

  • March 30, 2017

    Investor State Arbitration Safe With Trump, At Least For Now

    A draft negotiating proposal for updating the North American Free Trade Agreement offers a first glimpse into what President Donald Trump's approach toward investor state dispute settlement will be, and experts say it isn't all that different from the approach taken by his predecessor.

  • March 30, 2017

    Sens. Back Treating Currency Manipulation As Unfair Subsidy

    The two U.S. senators from Ohio added their voices Thursday to calls for the U.S. Department of Commerce to treat foreign government currency manipulators as if they're providing an improper subsidy liable for import tariffs, a familiar push that past administrations have resisted.

  • March 30, 2017

    Enviros Sue To Nix Permits For Keystone XL Pipeline

    Environmental organizations including the Sierra Club sued the U.S. Department of State and other agencies on Thursday in Montana federal court alleging that the approval of the Keystone XL pipeline revived by President Donald J. Trump was faulty, arguing it was in violation of federal law and should be halted.

  • March 30, 2017

    US To Tackle China's Market Economy Status In Foil Probe

    The U.S. Department of Commerce said Wednesday that it will consider granting China more favorable “market economy” status in its probe of Beijing’s aluminum foil exports, setting the stage for the protracted trade battle between the two powers to accelerate.

  • March 30, 2017

    State Dept. OKs Bahrain F-16 Deal Stalled Over Human Rights

    The U.S. Department of State intends to approve the planned $2.8 billion sale of F-16 fighter jets to Bahrain, previously delayed by the Obama administration over human rights concerns, congressional staffers confirmed Thursday.

  • March 30, 2017

    London Fintech Sector Rattled As UK Sets Hard Brexit Path

    London's fledgling financial technology sector could be one of the biggest casualties of Brexit, lawyers warned, as Wednesday’s formal notification to leave the bloc threatens both investment and access to talent.

  • March 30, 2017

    Trump's NAFTA Plan Hews Closely To TPP Model

    President Donald Trump's blueprint for updating the North American Free Trade Agreement borrows heavily from the approach enshrined in the Trans-Pacific Partnership — an agreement that Trump harshly criticized and eventually abandoned — according to a draft negotiating proposal obtained by Law360.

  • March 29, 2017

    Commerce Probes Dumping Claims On Silicon Metals Imports

    The U.S. Department of Commerce announced Wednesday it has initiated anti-dumping and countervailing duty investigations of silicon metal imports from Australia, Brazil, Kazakhstan and Norway in response to a domestic supplier’s petition alleging dumping margins between 15 and 135 percent.

  • March 29, 2017

    7 Key Takeaways As UK Pulls Brexit Trigger

    In handing over a six-page letter Wednesday to European Council President Donald Tusk confirming Britain’s exit from the European Union, U.K. Prime Minister Theresa May set in motion a process that will redraw Britain’s entire financial services sector.

  • March 29, 2017

    Monsanto Denied Pause Of Doc Handover In Syngenta MDL

    A Kansas federal judge has denied Monsanto’s bid to pause a magistrate’s order last week that its former in-house counsel hand over documents to a group of corn producers in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn.

  • March 29, 2017

    Ways & Means Head Considers Changes To Border Tax Plan

    House Republicans may be bending to political pressure over their most controversial proposal to revamp tax laws, with the leader of the chief tax-writing committee in the House of Representatives saying Wednesday that he is “contemplating significant modifications” to the border-adjusted tax plan.

  • March 29, 2017

    The €60B Question: Who Picks Up The Tab After Brexit?

    The U.K. has formally set in motion the process of leaving the European Union, but how good of an EU trade deal Britain gets down the road will come down to the rancorous issue of who pays for the divorce settlement.

  • March 29, 2017

    Senators Demand GAO Probe Of Work Relief Programs

    Two senators on Tuesday asked the U.S. Government Accountability Office for a full evaluation of government work relief initiatives, including the often-maligned fleet of Trade Adjustment Assistance Programs.

Expert Analysis

  • To CDO Or Not To CDO: Commissioners At ITC Are Split

    Benjamin Levi

    Under current U.S. International Trade Commission precedent, a complainant is generally required to show the presence of commercially significant levels of domestic inventory to obtain a cease-and-desist order. However, recent ITC decisions have revealed differing commissioner viewpoints regarding whether, and the circumstances under which, a CDO should issue, says Benjamin Levi of McKool Smith PC.

  • The Cyber Ecosystem: Evolving Tech And Risk Governance

    Sonja S. Carlson

    The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • 2-For-1 Executive Order Leaves OMB To Work Out Details

    Laurence Platt

    While President Donald Trump’s recent executive order reducing regulations may seem appealing in its simplicity, the White House has provided agencies with little guidance on its implementation, instructing them to call the Office of Management and Budget with questions. Yet the OMB's ability to provide answers will be impaired by a lack of clear legal standards, say Laurence Platt and Joy Tsai of Mayer Brown LLP.

  • Checking In On ITC Pilot Program For Redesigns

    Brian Busey

    The U.S. International Trade Commission has issued four decisions under its pilot program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products. The speed with which proceedings have progressed may encourage parties to make greater use of the program in the future, say Brian Busey and Aaron Rauh of Morrison & Foerster LLP.

  • How The Obiang Case Exposes Limits Of Forfeiture Efforts

    Stéphane Bonifassi

    The case against Vice President Teodorin Nguema Obiang is severing diplomatic relations between France and Equatorial Guinea for no benefit to the Equatorial Guinea people. Along the way, France seems to be lecturing the rulers of a formal colonial country, while not cleaning its own house, says Stéphane Bonifassi of Bonifassi Avocats.

  • Waive Goodbye: How Trump Might Attack The Iran Deal

    Anthony Rapa

    On the campaign trail, candidate Donald Trump attacked the Joint Comprehensive Plan of Action agreement regarding Iran’s nuclear program. But he suggested that rather than tearing the deal up, he would seek to improve it. One possible approach would be to engage in brinksmanship related to the statutory sanctions waivers President Obama issued in implementing the deal, says Anthony Rapa of Steptoe & Johnson LLP.

  • When Personal Jurisdiction And Alter Ego Collide

    Beth Rose

    The increasing number of foreign entities with U.S.-based wholly owned subsidiaries virtually guarantees that issues of personal jurisdiction are not going away anytime soon. When a party seeks to support its jurisdictional argument against a foreign entity on grounds that the U.S. subsidiary is the alter ego of its parent, it presents a new wrinkle to an already complicated issue, says Beth Rose of Sills Cummis & Gross PC.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.