International Trade

  • January 26, 2017

    Sessions Says He Will Enforce FCPA, Review Health Mergers

    Sen. Jeff Sessions told members of the Senate Judiciary Committee in answers made public Thursday that if he is confirmed as U.S. attorney general he will enforce the Foreign Corrupt Practices Act, regardless of President Donald Trump's previous criticism of the law.

  • January 26, 2017

    Trump Promises Border Tax, NAFTA Rewrite, More Trade Deals

    American relations with Mexico could change drastically in the coming months, with President Donald Trump promising Thursday to renegotiate the North American Free Trade Agreement and to institute an import tax as part of larger reforms.

  • January 26, 2017

    Group Of Major Business Players Backs GOP Tax Blueprint

    The GOP plan to slash the corporate tax rate to 20 percent while taxing imports will “boost our economy, foster investment in the U.S. and create good-paying American jobs,” a tax reform group whose members include Bank of America Corp., The Coca-Cola Co. and Google Inc. said Thursday.

  • January 26, 2017

    Large Firms Will Get Larger Fines, Data Security Chief Warns

    The U.K.’s data protection watchdog warned financial services firms Thursday that it is prepared to hand out record fines in the wake of new European cybersecurity laws' entering force.

  • January 26, 2017

    SEC Charges Ex-Och-Ziff Execs Over African Bribery Scheme

    The U.S. Securities and Exchange Commission on Thursday filed a lawsuit against two former executives of Och-Ziff Capital Management Group LLC, alleging they orchestrated a massive bribery scheme that led to $413 million in Foreign Corrupt Practices Act fines against the fund last year.

  • January 25, 2017

    Bio-Rad GC’s Corruption Report Baseless, Atty Testifies

    An outside attorney hired by Bio-Rad Laboratories Inc. to investigate its sales abroad defended the company Wednesday against allegations it fired its general counsel for blowing the whistle on Foreign Corrupt Practices Act violations, telling a California federal jury that the general counsel’s corruption allegations were baseless, vague and misconstrued federal law.

  • January 25, 2017

    India Seeks WTO Arbitration Over US Green Energy Subsidies

    The Indian government has requested formal World Trade Organization arbitration in the latest round of its dispute with the United States over clean energy subsidies and local content requirements.

  • January 25, 2017

    Akin Gump Hires Key Export-Control Reform Architect

    A former key official at the U.S. Department of Commerce’s Bureau of Industry and Security involved in the Obama administration’s export-control reform joined Akin Gump Strauss Hauer & Feld LLP as a partner Monday.

  • January 25, 2017

    Trump's TPP Exit Doesn't Implicate Investor-State Arbitration

    Opponents of the Trans-Pacific Partnership had long targeted its investor-state arbitration provisions as unfairly giving companies the power to challenge individual countries’ regulations, but experts caution against inferring that President Donald Trump's decision Monday to withdraw from the deal is indicative of a similar sentiment.

  • January 25, 2017

    WTO Dispute Roundup: US, China Poised For Ag Clash

    In Law360’s latest look at the World Trade Organization’s Dispute Settlement Body, the U.S. prepares to square off with China over agricultural subsidies; Canada agrees to comply with an adverse steel finding; and Morocco blocks Turkey’s panel bid in the two countries’ anti-dumping spat.

  • January 25, 2017

    BigLaw Push Into Mexico Slows Amid Uncertain Climate

    While regulatory reforms in energy and telecommunications brought a new influx of BigLaw firms to Mexico over the last several years, experts say President Donald Trump’s election and the uncertainty of future decisions affecting trade between the neighbors has for now pumped the brakes on BigLaw expansion into the region.

  • January 24, 2017

    Bio-Rad Ex-GC Asks For $8M On Contentious Trial Day

    The trial over allegations Bio-Rad's ex-general counsel was fired for reporting possible Foreign Corrupt Practices Act violations grew contentious on Tuesday, as a California federal judge struck testimony from an auditor who investigated the claims after the plaintiff rested his case with a request for $8 million in damages.

  • January 24, 2017

    Viacom, Others Get $26.7M In Program Rebroadcasting Row

    A Virginia federal judge on Tuesday awarded $26.65 million in copyright damages to a joint venture involving Viacom and several other media companies, following a default judgment that two Canadian residents had been rebroadcasting Indian programming without permission.

  • January 24, 2017

    Nikki Haley Confirmed As Trump's Pick For UN Ambassador

    South Carolina Gov. Nikki Haley won Senate confirmation decisively Tuesday as President Donald Trump’s choice for U.S. ambassador to the United Nations in the fourth confirmation so far for the new administration.

  • January 24, 2017

    ITA Levies Hefty Dumping Duties On Chinese Fertilizer

    The U.S. Department of Commerce’s International Trade Administration has slapped the People’s Republic of China with sizable anti-dumping duties after determining that China sold ammonium sulfate in the United States at less than fair value.

  • January 24, 2017

    ITC To Probe Nokia's Patent Suit Against Apple

    The U.S. International Trade Commission announced Tuesday that it is launching an investigation into Nokia's complaint against Apple accusing the tech giant of infringing 8 patents related to antenna and other technologies.

  • January 24, 2017

    Telecom, Bank Seek To Enforce $50M Judgments On Belize

    Two companies linked to British-Belizean billionaire Michael Ashcroft asked a D.C. federal judge Monday for permission to enforce $50 million in confirmed arbitral awards against the country, saying it has no excuses now that the U.S. Supreme Court has rejected its appeals.

  • January 24, 2017

    Commerce Adjusts Duties On Truck, Bus Tires From China

    The U.S. Department of Commerce Monday issued final anti-dumping and countervailing duties on truck and bus tires from China, trimming back some preliminary dumping rates imposed over the summer while increasing the subsidy-based duty.

  • January 24, 2017

    Brexit Ruling Opens Early Door For Market Access Demands

    The U.K. Supreme Court’s Tuesday ruling that the government cannot bypass Parliament when launching formal Brexit talks has opened the door for lawmakers to push for access to the European Union single market, financial attorneys say, adding yet another layer of uncertainty to Prime Minister Theresa May’s plans.

  • January 24, 2017

    Trump's Election Puts TTIP 'In The Freezer': EU Trade Boss

    European Union Trade Commissioner Cecilia Malmstrom on Tuesday said that the election of President Donald Trump has likely put the Transatlantic Trade and Investment Partnership talks “firmly in the freezer” for now, and laid out her vision for new negotiating agenda.

Expert Analysis

  • 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.

  • 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.