International Trade

  • May 28, 2021

    10X Infringes Bio-Rad Patents, Federal Circuit Affirms

    The Federal Circuit on Friday upheld the U.S. International Trade Commission's finding that 10X Genomics infringed Bio-Rad Laboratories' patents on microfluidic chips used for genetic sequencing, rejecting 10X's argument that the ITC used an incorrect claim construction.

  • May 28, 2021

    ​​​​​​​Nev. Exporter Charged In Alleged Iran Export Conspiracy

    A Las Vegas resident was arraigned this week on charges that she knowingly conspired to ship electronic components to Iran, exposing her to a potential sentence of up to 20 years in prison and a $1 million fine.

  • May 28, 2021

    Gov't Contracts Of The Month: Virus Tests, Fighter Jets

    The Biden administration poured $640 million into COVID-19 testing efforts in schools and other facilities, awarded $6.4 billion for nuclear waste management at a federal research center and opened up a $14 billion fighter jet production line in South Carolina. Here are Law360's top picks for government contracts in May.

  • May 28, 2021

    Senate Punts On Massive Tech, Trade Bill Aimed At China

    The Senate on Friday unexpectedly postponed final action on a major bipartisan bill with more than $200 billion meant to fuel technological and economic competition with China.

  • May 28, 2021

    US Bars Chinese Fishing Co. Over Forced Labor At Sea

    U.S. Secretary of Homeland Security Alejandro Mayorkas and U.S. Customs and Border Protection acting Commissioner Troy Miller announced the blacklisting of Dalian Ocean Fishing Co. Ltd. on Friday, based on evidence that the company has used forced labor in its fishing operations.

  • May 27, 2021

    Senate Adds Trade Package To Major Tech Bill Aimed At China

    The Senate on Thursday added a major section on international trade to a sprawling bill that already contained roughly $250 billion to boost the country's technological and economic competition with China, including over $50 billion for domestic semiconductor production and $1.5 billion for telecommunications funding along with enforcement boosts for intellectual property and antitrust.

  • May 27, 2021

    Trade Court Frees Kitchen Cabinets From Plywood Duties

    Ikea kitchen cabinets, as well as models offered by other importers, were officially released from one set of tariffs Thursday when the U.S. Court of International Trade accepted a revised scope ruling placing the ready-to-assemble fixtures outside the bounds of duties on plywood imported from China, though more specific rates still apply.

  • May 27, 2021

    Thai Court Investigating Toyota Judicial Bribery Claims

    Thailand's Court of Justice Thursday said it was investigating claims that Toyota may have bribed sitting judges on the country's Supreme Court, citing Law360's exclusive report that detailed the carmaker's internal corruption probe and an ongoing Foreign Corrupt Practices Act investigation by U.S. law enforcement.

  • May 27, 2021

    PTAB Won't Review Solar Energy Patent, Citing ITC Case

    The Patent Trial and Appeal Board has said it won't review a solar cell patent because a parallel case at the International Trade Commission is well underway and on track to wrap up before the PTAB's final decision is due.

  • May 27, 2021

    Italian Co. Cops To Role In $17.3M Turbine Export Scheme

    An Italian energy services firm has pled guilty to attempting to export a turbine worth $17.3 million to a blacklisted Russian company, scoring a third win for federal prosecutors in the international conspiracy case.

  • May 27, 2021

    Chilean Auto Importer Gets OK For $200M Ch. 11 Plan

    A New York bankruptcy judge approved a prenegotiated Chapter 11 plan Thursday for Chilean auto importer Automotores Gildemeister SpA that had been amended to give bondholders a cashout option.

  • May 27, 2021

    New FCC Rule Could Block Chinese-Made Tech From US Sales

    The Federal Communications Commission will launch a proceeding next month that could result in Chinese-made telecom equipment losing access to domestic markets as part of the agency's efforts to fortify U.S. networks against foreign security threats.

  • May 27, 2021

    Gov't Ends £210B Trade Credit Insurance Backstop

    The government has said it will end a trade credit backstop that has provided £210 billion ($300 billion) of insurance to businesses in Britain during the COVID-19 pandemic against the risk of widespread insolvencies.

  • May 26, 2021

    Venezuela Resists Creditor Attempt To Seize Citgo

    Venezuela and its state-owned oil company Petróleos de Venezuela SA say they aren't alter egos of each other under a new president, but two of the country's creditors urged a Delaware federal court to hand them shares of PDVSA subsidiary Citgo to fulfill arbitral awards.

  • May 26, 2021

    DOJ Takes Toyota Thai Bribery Probe To Texas Grand Jury

    U.S. authorities are ramping up their Foreign Corrupt Practices Act investigation of Toyota, with federal prosecutors impaneling a grand jury in Texas as they seek any evidence the carmaker bribed top Thai judges to overturn a $350 million tax judgment, according to a U.S. law enforcement official and documents related to the investigation.

  • May 26, 2021

    US Pushes To Address Forced Labor In WTO Fisheries Deal

    The Office of the U.S. Trade Representative on Wednesday called for the World Trade Organization to recognize the prevalence of forced labor within the commercial fishing industry, further complicating two decades of negotiations on fisheries subsidies.

  • May 26, 2021

    SG Tells Justices Bankruptcy Moots Wash. Coal Permit Fight

    The acting solicitor general told the U.S. Supreme Court it should reject Montana and Wyoming's fight to overturn Washington's denial of a water quality certificate for a proposed coal export facility because the project owner sold the project site in its bankruptcy proceedings.

  • May 26, 2021

    Senate Votes For Greater Oversight Of China Deal's IP Chapter

    The U.S. Senate approved legislation late Tuesday that would require the Biden administration to report on China's compliance with the intellectual property provisions of its 2020 trade deal with the U.S.

  • May 26, 2021

    Biden Fed. Circ. Nominee Calls Judgeship 'Dream Job'

    President Joe Biden's nominee to the Federal Circuit — the first to the court in more than six years — told members of the Senate Judiciary Committee on Wednesday that serving on the bench is her "dream job."

  • May 26, 2021

    McKool Smith Snags NY-Based IP Pair From King & Spalding

    Trial firm McKool Smith PC continued the expansion of its intellectual property coverage by adding a pair of former King & Spalding LLP attorneys with decades of experience working high-stakes patent litigation, the firm announced Wednesday.

  • May 26, 2021

    Judge Won't Let US Steel Cos. In On Tariff Waiver Suits

    A trade judge has blocked domestic steel producers from backing the U.S. Department of Commerce in six suits challenging the agency's refusal to waive national security tariffs on certain imports, saying the companies lack a direct stake in the cases.

  • May 26, 2021

    Swiss Ditch Trade Talks With EU With Differences Unresolved

    Switzerland has pulled out of talks for a treaty aimed at easing trade relations with the European Union because of "substantial differences," the government said Wednesday, raising concerns in the bloc over legal certainty in future relations.

  • May 25, 2021

    Hemp Pipe Seller Wants CBP's Seizures Of Products Stopped

    A Michigan company that sells pipes, rolling papers and vaporizers for hemp and CBD is suing U.S. Customs and Border Patrol in federal court after the agency seized several shipments of its products, arguing they were improperly labeled as drug paraphernalia.

  • May 25, 2021

    COVID-19, Not Dumping, Behind US Tire Woes, ITC Hears

    COVID-19 stay-at-home orders that led tire plants to halt operations in spring 2020 — and not lower-priced imports — caused U.S. manufacturers to lose market share last year, Asia-based producers told the U.S. International Trade Commission on Tuesday.

  • May 25, 2021

    Biden Admin. Faces Broad IP Threat From China, Iancu Says

    Former U.S. Patent and Trademark Office Director Andrei Iancu said Tuesday that the U.S. is facing numerous challenges in counteracting China's theft of American intellectual property, and suggested that the new administration devote more effort to preserving its role as the global leader in technology.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • How Cos. Can Combat Knockoffs At And Beyond ITC This Year

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    To tackle knockoffs, the $500 billion criminal enterprise that economists predict will double by 2022 due to exponentially rising e-commerce and the pandemic's effects, brand-protective companies should deploy U.S. International Trade Commission remedies and a variety of alternatives, say Josh Pond and Preetha Chakrabarti at Crowell & Moring.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Mitigate Key FCPA Risks With Tailor-Made Compliance

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    Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Takeaways From DOJ Fraud Section's Pandemic Year

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    The U.S. Department of Justice's Criminal Division report on the Fraud Section's accomplishments in 2020 reveals impressive enforcement productivity, despite pandemic-related limitations, and we should expect to see a significant increase in prosecution later this year, say Kevin Muhlendorf and Holly Wilson at Wiley.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • 3 Things To Know About FDA's Evolving Drug Inspections

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    Companies regulated by the U.S. Food and Drug Administration need to stay abreast of the pandemic's ongoing impact, including inspection delays, the FDA's expanded usage of remote evaluations, and supply chain constraints, say Peter Lindsay and Nathan Sheers at Paul Hastings.

  • Effective E-Discovery Of Chat Apps In Gov't Investigations

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    With the increasing reliance on multiple messaging applications for business conversations in the remote working environment, companies can implement several best practices for collecting, reviewing and producing data, despite an absence of guidance on discovery obligations in government investigations, say Jason Weinstein and Katie Dubyak at Steptoe & Johnson.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • US Cos. Must Prepare For EU Carbon Tax On Imports

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    With the European Union considering a tax on imported goods reflecting the carbon emitted during their manufacture, U.S. exporters to the EU should assess their possible liabilities, review opportunities to mitigate costs and consider ways to reduce emissions, say David Lakhdhir and Mark Bergman at Paul Weiss.

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