International Trade

  • June 17, 2021

    Senate Confirms Citigroup Exec As DHS Deputy Secretary

    The Senate on Thursday easily confirmed John K. Tien, a Citigroup Inc. managing director with decades of military and national security experience, as deputy secretary of the U.S. Department of Homeland Security.

  • June 17, 2021

    FCC Advances Plan To Stop Most Chinese Equipment Sales

    The Federal Communications Commission voted Thursday on a plan that could further restrict the flow of Chinese-made technologies into the U.S., kicking off a rulemaking to examine how the agency can hone its device approval rules "to help keep insecure devices off the market."

  • June 17, 2021

    Sheppard Mullin Hires Gov't Investigations Pro From Dechert

    Sheppard Mullin Richter & Hampton LLP is adding onetime Manhattan federal prosecutor Michael Gilbert to its government investigations team, having snagged the white collar defense and Foreign Corrupt Practices Act expert from Dechert LLP.

  • June 17, 2021

    Ocado Loses Bid To Block Evidence In ITC Patent Fight

    British online grocery giant Ocado was dealt a loss in its legal battle with AutoStore AS last week when a London court refused to grant an injunction restricting certain information from being disclosed in a U.S. International Trade Commission investigation.

  • June 17, 2021

    Trade Judges Press Government On Harm Of China Tariffs

    U.S. Court of International Trade judges posed sharp questions to the government on Thursday about the potential harm posed to importers if they cannot get refunds of tariffs paid on Chinese goods should their lawsuit against the levies succeed.

  • June 17, 2021

    Supreme Court Rules For Nestle, Cargill In Child Labor Suit

    The Supreme Court ruled in favor of Nestle and Cargill on Thursday in a lawsuit claiming the chocolate makers aided and abetted child slavery on African cocoa farms, reversing a ruling that allowed the claims to proceed under the Alien Tort Statute.

  • June 17, 2021

    UK Joins Aircraft Subsidy Truce With Eye Toward Cooperation

    The U.S. and U.K. announced a five-year truce in their protracted battle over aircraft subsidies early Thursday, mirroring the ceasefire between the U.S. and European Union unveiled earlier in the week.

  • June 16, 2021

    Ex-Cognizant Execs Want Cooperator's Bribery Probe Docs

    Two former Cognizant Technology Solutions Corp. executives charged with foreign bribery are seeking to force an Indian conglomerate to hand over information that could help clear their names, arguing that a New Jersey federal court has jurisdiction over the conglomerate because it cooperated with U.S. investigators.

  • June 16, 2021

    Sens. Propose Faster ITC Response To Trade Secrets Misuse

    A new bill would create a special committee at the U.S. International Trade Commission that would have the power to quickly block imports if they rely on trade secrets misappropriated by a "foreign agent."

  • June 16, 2021

    CFIUS Bills Offer Insight On Top Foreign Investment Concerns

    Two bills aimed at expanding the Committee on Foreign Investment in the United States are working their way through Congress, and while there's no guarantee they become law, the legislation offers a glimpse into lawmakers' major concerns, such as their unease surrounding investments in higher education.

  • June 16, 2021

    Ex-Texas Secretary Of State Joins Kelly Hart In Austin

    Former Texas Secretary of State Ruth Ruggero Hughs has joined Kelly Hart & Hallman LLP as a partner in its public law practice, the firm announced Tuesday. 

  • June 16, 2021

    Ore. LNG Project Still A Threat Despite Pause, DC Circ. Told

    The Federal Energy Regulatory Commission approvals for the development of the $10 billion Jordan Cove liquefied natural gas export terminal and pipeline in Oregon are still a threat despite a pause in the project, the state, environmental groups and Native American tribes have told the D.C. Circuit.

  • June 16, 2021

    Ex-Goldman Exec's Virus-Delayed 1MDB Trial Set For January

    Former Goldman Sachs managing director Roger Ng will face trial in January over his purported role in the 1Malaysia Development Berhad scandal, a New York federal judge said Tuesday, rescheduling the proceeding after a pandemic-related delay.

  • June 15, 2021

    Delta Urges 2nd Circ. To Revive Bombardier Contract Fight

    Delta Air Lines asked the Second Circuit on Tuesday to revive its suit accusing Canadian jet maker Bombardier Inc. of refusing to honor the terms of a 2016 purchase agreement related to C-Series aircraft, insisting that credits in the deal also cover other Bombardier jets.

  • June 15, 2021

    Simpson Thacher Adds Ex-Prosecutor To NY Litigation Team

    Simpson Thacher & Bartlett LLP is bolstering its New York litigation practice with a former federal prosecutor who brings a decade of experience pursuing white collar cases ranging from bribery to sanctions violations.

  • June 15, 2021

    US, EU Pledge Cooperation As Metal Tariff Battle Lingers

    The U.S. and European Union forged a new high-level dialogue on technology and trade issues at their bilateral summit Tuesday, but they remain at odds over how to resolve a dispute over U.S. tariffs on steel and aluminum.

  • June 15, 2021

    US, EU Make New Strides To Resolve Aircraft Subsidy Fight

    The U.S. and European Union announced a five-year ceasefire in their long-running feud over aircraft subsidies early Tuesday, agreeing to lift tariffs on $11.5 billion worth of goods while aiming to strike a permanent deal on government support for aircraft giants.

  • June 14, 2021

    Feds Can't Keep Cannabis Machinery Out Of Wash., Co. Says

    An agricultural machinery manufacturer has asked the U.S. Court of International Trade to find that importing cannabis paraphernalia into states that legalized weed is authorized under state law, claiming in a suit filed Friday that the federal government illegally blocked its products.

  • June 14, 2021

    Bio-Rad Points To Worker Pacts In Battling 10X Fed. Circ. Win

    Bio-Rad Laboratories Inc. wants the full Federal Circuit to review a panel's decision confirming that the company infringed three 10X Genomics' gene sequencing patents, arguing that the ruling failed to give proper weight to Bio-Rad's employment agreements with two scientists who left to found 10X.

  • June 14, 2021

    Peruvian Medical Co. Says German Co. Can't Ditch Virus Suit

    A Peruvian medical equipment wholesaler who claims it was duped into buying counterfeit 3M-branded masks during the pandemic has told a Florida federal judge that the alleged North American arm of a German product-testing company can't seek dismissal because it isn't a party to the suit.

  • June 14, 2021

    Chinese Lender, Investors Reach $9M Deal Over IPO Claims

    Chinese peer-to-peer lender PPDAI Group Inc. and its investors have reached a $9 million agreement to settle state and federal shareholder litigation accusing the company of hiding predatory lending practices from prospective investors.

  • June 14, 2021

    EU May Extend Steel Restrictions For 3 More Years

    Ahead of a closely watched summit with President Joe Biden on Tuesday, European leaders have proposed extending restrictions on foreign steel for another three years, citing a high percentage of imports still swallowing up its market.

  • June 14, 2021

    Lifting Of National Security Label Ends Chinese Co.'s Suit

    Luokung Technology Corp., a Chinese software company, agreed to drop its lawsuit challenging a national security designation that blocked U.S. investments in its business, citing a recent executive order that now allows Americans to buy company stock.

  • June 11, 2021

    White House Issues Waiver Plan For 'Made In America' Order

    The White House unveiled new guidance for federal agencies Friday on President Joe Biden's "Made in America" executive order, in particular outlining a waiver review process for the order's exemptions.

  • June 11, 2021

    EDTX Jury Clears LED Maker And Axes Patents

    An Eastern District of Texas jury on Friday found that LED maker Absen Inc. did not infringe a Texas lighting manufacturer's patents for modular light-emitting diode technology, while striking down parts of the patents as well.

Expert Analysis

  • Parent Cos. Can Expect More Suits Over Foreign Subsidiaries

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    Recent decisions by courts in the U.S., the U.K. and other countries demonstrate a growing trend toward holding corporate actors responsible for alleged misconduct of their overseas subsidiaries, so multinational companies should prepare for potential litigation by assessing corporate policies and contracts to mitigate liability, say Viren Mascarenhas and Nicolas Franco at King & Spalding.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • When Gov't Contacts Lead To DC Long-Arm Jurisdiction

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    Recent D.C. Circuit decisions highlight that anyone doing business with U.S. government, international or quasi-governmental agencies located in Washington should evaluate whether that relationship puts them within reach of the district's long-arm statute, say Brian Young and Mary Gately at DLA Piper.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • 6 CFIUS Considerations For De-SPAC Transactions

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    As financial regulators increase scrutiny on special purpose acquisition companies, SPAC sponsors and their prospective targets need to be aware that the merger following the initial public offering — the de-SPAC — may be subject to the Committee on Foreign Investment in the United States' jurisdiction and may even trigger a mandatory filing, say attorneys at Kirkland.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

  • Gambit To Block Trump's Midnight Regulations Will Likely Fail

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    The advocacy group Public Citizen has suggested that many Trump administration regulations with an effective date prior to Jan. 20 are subject to President Joe Biden's freeze order because they were technically still pending when Biden took office — but this argument is unlikely to withstand judicial scrutiny, says Haynes and Boone's Joseph Matal, former acting director of the U.S. Patent and Trademark Office.

  • Sanctions Violations Case Is A Warning On Crypto Compliance

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    BitPay’s recent settlement with the Office of Foreign Asset Control, which found it accepted digital currency from individuals in sanctioned countries, shows the need for cryptocurrency companies to address deficiencies in their sanctions compliance programs by covering all relevant laws in all relevant countries, says Syedur Rahman at Rahman Ravelli.

  • 3 Areas Of FTC Online Marketing Enforcement To Watch

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    Under President Joe Biden, the Federal Trade Commission is sure to vigorously pursue enforcement actions against misleading advertising and marketing by online retailers — and recent cases concerning "made in USA" labeling, "organic" claims and social media influencers offer clear guidance for companies on the agency's priorities, say attorneys at Holland & Knight.

  • Opinion

    FTC Should Have Global Antitrust Regulatory Aspirations

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    A recent Federal Trade Commission report on its enforcement role suffers from a striking lack of ambition, when the agency should be pushing for legally binding global rules that bring coherence and order to international competition law, says Aurelien Portuese at the Information Technology and Innovation Foundation.

  • A Cue For Importers To Review Common Duty-Saving Methods

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    The U.S. Court of International Trade's recent decision in Meyer Corp. v. U.S., calling into question the valuation of Chinese-origin goods using the first sale rule, should prompt importers to reassess their customs valuation methodologies and supporting documentation for transactions with nonmarket economies, says Sara Schoenfeld at Kamerman Uncyk.

  • ITC Seems Unlikely To Stay Investigations For Parallel IPRs

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    The U.S. International Trade Commission's recent order denying Ocado's attempt to stay a dispute with AutoStore pending resolution of its inter partes review petitions signals that an ITC complainant's patents are effectively shielded from IPR challenges, at least under current Patent Trial and Appeal Board practice, say attorneys at Reichman Jorgensen.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • A Framework For Evaluating Willingness Of FRAND Licensees

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    As an increasing number of standard-essential patent cases turn on whether a manufacturer is willing to pay a fair, reasonable and nondiscriminatory royalty for SEPs, Jorge Contreras at the University of Utah identifies conduct that typically indicates willingness or unwillingness, as well as conduct that should be viewed as indeterminate.

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