International Trade

  • June 07, 2021

    Anglo American Fights Colombia Over Halted Mine Project

    Anglo American has filed an international arbitration claim against the Colombian government over the continued suspension of a coal mining project that has drawn international condemnation for its alleged threat to the nation's largest Indigenous population.

  • June 07, 2021

    Malaysia In Commerce's Crosshairs For Steel Circumvention

    The U.S. Department of Commerce ruled Monday that Chinese and Taiwanese steel producers sent products to Malaysia for finishing to avoid U.S. import duties, while similar imports from South Africa were cleared.

  • June 04, 2021

    Australia, US To Coordinate To Stop Illegal Robocalls

    The Federal Communications Commission is going to be teaming up with its Australian counterpart to battle the onslaught of illegal robocalls and texts that people in both countries are facing, the agencies announced.

  • June 04, 2021

    US Prosecutors Still Can't Seize Alleged 1MDB Funds

    U.S. prosecutors have again come up short in their bid to seize some $329 million allegedly connected to embezzled 1Malaysia Development Berhad funds after a judge in California ruled on Friday that the government hadn't sufficiently shown how the money was tied to the conspiracy.

  • June 04, 2021

    EU Revamps Key Tool For Sending Personal Data Abroad

    The European Commission on Friday formally updated a widely used framework for legally moving personal data outside the European Union, giving companies 18 months to revamp their data transfer agreements to better align with the bloc's stringent data protection rules and respond to concerns raised by the EU's top court. 

  • June 04, 2021

    China-Controlled Pacific Networks Poses Risks, FCC Told

    Pacific Networks Corp. and its ComNet (USA) LLC unit pose risks to U.S. law enforcement and national security interests because the Chinese government indirectly controls them and the companies are unlikely to honor risk mitigation measures if officials in China demand that the safeguards be ignored, the Commerce Department told the Federal Communications Commission Friday.

  • June 04, 2021

    DC Circ. Rejects Satellite Cos.' Bid To Escape Regulatory Fees

    A D.C. Circuit panel ruled Friday that non-U.S. licensed satellite operators with access to the U.S. market must shell out regulatory fees the Federal Communications Commission imposed on them last year.

  • June 04, 2021

    FDA Details Drug Security Essentials In 4 Compliance Guides

    The U.S. Food and Drug Administration unveiled a quartet of new guidances that flesh out obligations under the Drug Supply Chain Security Act to spot drugs that are "suspect" and keep them away from U.S. shores.

  • June 04, 2021

    EU Won't Budge On COVID-19 Vaccine IP Waiver

    The European Union on Friday handed over a proposal aimed at boosting global distribution of COVID-19 vaccines by easing regulatory hurdles, but it stopped short of calling on countries to suspend intellectual property protections on the vaccines.

  • June 04, 2021

    Commerce Advances New Duties On Malaysian Wind Towers

    The U.S. Department of Commerce slightly boosted anti-subsidy tariffs on wind tower columns manufactured in Malaysia in its final determination, raising the rates on both named respondent CS Wind Malaysia Sdn. Bhd. and other producers.

  • June 04, 2021

    FCPA's High Costs May Cause Tightening In D&O Market

    U.S. authorities' recent probing of Toyota for possible Foreign Corrupt Practices Act violations illustrates the heightened enforcement risks faced by corporate policyholders, which could encounter an even harder market for directors and officers insurance, according to legal experts.

  • June 03, 2021

    Biden's Anti-Corruption Vow Could Supercharge Enforcement

    President Joe Biden's anti-corruption directive to more than a dozen federal agencies Thursday signals a sea change in the government's approach to policing graft, attorneys say, placing renewed emphasis on cooperation and expanding enforcement beyond typical corporate bribery schemes.

  • June 03, 2021

    Biden Unveils Plan To Crack Down On Corruption, Tax Havens

    President Joe Biden issued a memorandum Thursday directing a range of federal government agencies to develop a new strategy for enforcing U.S. anti-corruption laws internationally by cracking down on foreign tax havens and illicit financing, which he said "contribute to income inequality, fund terrorism and generate pernicious foreign influence."

  • June 03, 2021

    IP Forecast: Fed. Circ. Set To Drill Into Fracking Patent Fight

    The Federal Circuit will wade into a fight over whether Marathon Oil and one of its partners are owed millions of dollars in legal fees after winning a ruling that a fracking patent was unenforceable. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 03, 2021

    Biden Expands Investment Ban On Chinese Military Cos.

    President Joe Biden on Thursday expanded a policy banning U.S. investments in companies affiliated with the Chinese military to include surveillance technology manufacturers, while shifting authority to make related designations from the Pentagon to the U.S. Department of the Treasury.

  • June 03, 2021

    Greenberg Traurig Adds Ex-K&L Gates Corporate Atty In Fla.

    Greenberg Traurig LLP has added a corporate attorney previously with K&L Gates LLP as a shareholder in its Miami office, the firm announced.

  • June 02, 2021

    Hobby Lobby Wants To Claw Back $7M Over Stolen Artifacts

    Arts and crafts retailer Hobby Lobby is taking a former Oxford University professor to New York federal court in an attempt to recover roughly $7 million after learning the ancient fragments and other artifacts it had purchased were in fact stolen by the professor himself.

  • June 02, 2021

    Trade Court Backs Upped Dumping Duties On Indian Steel

    The U.S. Court of International Trade upheld an Indian steel bar company's upped anti-dumping duties, ruling Wednesday that the U.S. Department of Commerce didn't exceed its authority when it calculated new — and higher — dumping margins on remand.

  • June 02, 2021

    Ziploc Maker Loses Appeal For Duty-Free Sandwich Bags

    The Federal Circuit tossed an appeal from manufacturing giant S.C. Johnson on Wednesday, dashing its effort to reclassify Ziploc resealable sandwich bags as household goods rather than packaging, a tariff heading that would have freed them from duties.

  • June 02, 2021

    McKool Smith Snaps Up Trial Vet From Paul Hastings

    McKool Smith PC has picked up a litigator from Paul Hastings LLP who regularly defends companies such as Samsung, Qualcomm and HTC in big-ticket intellectual property cases to build the firm's trial practice in Washington, D.C.

  • June 02, 2021

    DC Circ. Told FERC Can't OK Changes To Contested LNG Plan

    The Federal Energy Regulatory Commission unlawfully approved design changes to NextDecade's proposed liquefied natural gas export terminal in South Texas while a fight over the project's final approval is still playing out in court, project challengers told the D.C. Circuit.

  • June 02, 2021

    US Delays Tariff Hit In Hopes Of Resolving Digital Tax Fight

    The Biden administration finalized tariffs on more than $2 billion worth of consumer goods from six countries Wednesday as retaliation for new digital services taxes, but suspended the levies for six months as global tax negotiations trudge on.

  • June 01, 2021

    Judge Rips Apple, Investors Over 'Ridiculous' Discovery Row

    A California federal magistrate judge slammed counsel for Apple and a proposed class of shareholders Tuesday for not reaching compromises over discovery disputes concerning Apple's statements about iPhone sales, saying their disputes have been "absolutely ridiculous" and telling a plaintiff's attorney, "Boy, you're a pain in the butt."

  • June 01, 2021

    BCLP Picks Up NY Prosecutor With Crypto, FCPA Chops

    Bryan Cave Leighton Paisner LLP is bulking up its global litigation and investigations practice with a former New York federal prosecutor whose resume includes Foreign Corrupt Practices Act victories and a precedent-setting cryptocurrency fraud ruling.

  • June 01, 2021

    Top Goldman Sachs Sanctions Lawyer Joins Steptoe

    Steptoe & Johnson LLP announced on Tuesday that it has hired the ex-senior legal director of Goldman Sachs' business intelligence group — where he focused on the firm's compliance with international sanctions requirements — as a partner within its international trade and regulatory compliance group.

Expert Analysis

  • 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.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • Start Preparing For Germany's Corporate Sanctions Act

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    Germany’s soon-to-be-adopted Corporate Sanctions Act carries a presumption of mandatory prosecution but also a defense in cases where reasonable precautions fail to prevent nonmanagers from committing crimes, so companies should start putting such compliance programs into place now, say attorneys at Arnold & Porter.

  • UK Top Court Fraud Ruling Could Reshape Int'l Discovery

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    A recent U.K. Supreme Court ruling that KBR didn't have to provide documents held overseas to the Serious Fraud Office reveals the U.K. to be taking a divergent approach from the U.S. and has important implications for cross-border discovery and criminal investigations, say Katherine Toomey and Eric Lewis at Lewis Baach.

  • Rebuttal

    US Legal System Can Benefit From Nonlawyer Ownership

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    Contrary to claims made in a recent Law360 guest article, nonlawyer ownership has incrementally improved the England and Wales legal system — with more innovation and more opportunities for lawyers — and there is no reason why those outcomes cannot also be achieved in the U.S., say Crispin Passmore at Passmore Consulting and Zachariah DeMeola at the University of Denver.

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