International Trade

  • July 29, 2022

    S. Africa Targets EU Citrus Regs With First-Ever WTO Case

    South Africa has lodged its first-ever legal challenge at the World Trade Organization, calling out the European Union for abruptly tightening its citrus fruit import rules, according to WTO documents circulated Friday.

  • July 29, 2022

    Global Body Sets Out Ways To Reduce Foreign Exchange Risk

    The Bank for International Settlements set out on Friday new ways to reduce the risk of nonpayment related to $8.9 trillion in daily settlement obligations in the global foreign exchange market, in a report requested by the Group of 20 top economies.

  • July 28, 2022

    Fed. Circ. Forecast: Nike Returns To Defend A Patent

    Nike lawyers will appear at the Federal Circuit next week for the third time in a decade in their legal saga to keep a patent on the books covering its Flyknit brand of shoes, which was successfully challenged from the very jump at the Patent Trial and Appeal Board by longtime rival Adidas. Here's a look at that case — plus all the other major intellectual property matters facing the court in the coming week.

  • July 28, 2022

    In-Person ITC Hearings May Lose Remote Participants' Input

    After more than two years of online hearings, the U.S. International Trade Commission is scheduled to return to in-person proceedings this fall, but the move risks losing some efficiencies gained throughout the COVID-19 pandemic, even as the agency restores the human element that attorneys count on.

  • July 28, 2022

    Brazilian Honey Co. Says Feds Wrongly Used 3rd-Party Info

    A Brazilian exporter of processed honey has sued the U.S. Department of Commerce for its calculation of raw honey duties, telling the U.S. Court of International Trade that the agency unlawfully verified its data against figures from independent third-party beekeepers to assess inaccurate dumping margins.

  • July 28, 2022

    Fed. Circ. Backs Trade Court On Chinese Furniture Duties

    U.S. Customs and Border Protection didn't do anything wrong when it levied steep duties on nearly a dozen shipments of Chinese bedroom furniture, the Federal Circuit ruled Thursday in a matter that has been percolating through the Court of International Trade for half a decade.

  • July 28, 2022

    House Sends Chips Bill With 25% Tax Credit To Biden

    Legislation to bolster domestic semiconductor production through $52 billion in grants, subsidies and a 25% investment tax credit will head to President Joe Biden's desk after the House of Representatives approved the bill Thursday.

  • July 28, 2022

    Fintech Co. Slips Investor Suit Over China Data Law, For Now

    A New York federal judge has dismissed, for now, a proposed securities class action against financial tech company 360 DigiTech Inc., finding the plaintiffs' allegations that the company and its top brass lied to investors about its practice of collecting user data are legally insufficient.

  • July 27, 2022

    ITC Greenlights Duties On Russian Nitrites

    The U.S. International Trade Commission approved penalty tariffs on sodium nitrite from Russia, a multipurpose compound used in everything from preserving meat to preventing rust, in a unanimous vote Wednesday following an investigation to which Russia never responded.

  • July 27, 2022

    Immigration Key To Fixing Semiconductor Scarcity, GAO Says

    The federal government should adopt policies to boost domestic production and attract foreign labor to combat current and future supply chain disruptions within the semiconductor industry, according to a report from the U.S. Government Accountability Office.

  • July 27, 2022

    Southwest Airlines Pushed FAA To Close Pilot Error Inquiries

    Safety officials at the Federal Aviation Administration mishandled a number of reports involving dangerous incidents of pilot error at Southwest Airlines, the U.S. Office of Special Counsel told the president and Congress, finding that the airline resisted agency requests and "pushed for quick closures."

  • July 27, 2022

    US Continues Barring 'Illegally' Harvested Peruvian Timber

    A Peruvian timber exporter remains barred from sending its timber into the U.S. following findings that it still had illegally harvested wood in its supply chain, according to the Office of the U.S. Trade Representative.

  • July 27, 2022

    Senate Approves Semiconductor Bill With 25% Tax Credit

    The U.S. Senate approved a $52 billion semiconductor bill Wednesday that includes a 25% tax credit for new domestic chip manufacturing investments, sending the legislation to the House of Representatives.

  • July 26, 2022

    Senate Ends Debate On Semiconductor Tax Credit Legislation

    The Senate voted Tuesday to close debate on legislation intended to incentivize domestic semiconductor manufacturing through a 25% tax credit and $52 billion in subsidies, setting up the bill for a potential final vote as early as this week.

  • July 26, 2022

    Trade Policies To Watch In The Second Half Of 2022

    As the U.S. struggles for a technical and moral leg up on China, the Biden administration, like the rest of the West, must also negotiate new obstacles wrought by the war in Ukraine. Here are the key international trade policies to watch in the back half of 2022.

  • July 26, 2022

    GAO Axes Protest Regarding Freight Container Requirement

    The Government Accountability Office dismissed Sea Box Inc.'s challenge to the terms for a solicitation for 31 freight containers, ruling that the Defense Logistics Agency only has to take the word of a seller that their containers are a commercially available off-the-shelf product.

  • July 26, 2022

    CFTC's Relief Extension To Chinese Exchange Draws Protest

    The U.S. Commodity Futures Trading Commission on Tuesday again granted relief to Shanghai Clearing House, agreeing not to take enforcement action against the derivatives clearing organization for failing to register with the agency, sparking dissent from a Republican commissioner.

  • July 26, 2022

    Nord Stream 2's EU Arbitration Kept On Hold Until October

    The future of Russian energy deliveries to Europe was hazy even before the Kremlin announced Monday it would cut natural gas flows to the continent, with the state-owned company Gazprom telling arbitrators last month that it needs more time to handle the fallout of the war in Ukraine before resuming a case involving its Nord Stream 2 pipeline.

  • July 26, 2022

    Pair Smuggled Guns To Lebanon In Shipped Cars, Feds Say

    Federal prosecutors alleged in a six-year-old indictment unsealed Tuesday that two men smuggled hundreds of guns from the U.S. to Lebanon by hiding them in compartments in shipped cars, making periodic trips between the two countries to ensure the operation went smoothly.

  • July 26, 2022

    These Law Firms Have The Most Diverse Equity Partnerships

    While law firms overall continue to take only modest steps toward achieving their long-standing diversity and inclusion goals, some firms are making significant strides and showing that progress is possible even in the uppermost ranks.

  • July 25, 2022

    Canadian Retailer Sues Supplier Of 'Defective' Nut Chopper

    A family-owned Canadian homewares retailer claims a Washington state kitchen appliance supplier sold a defective nut chopper that customers complained injected shards of plastic into processed food, violating state common and warranty laws.

  • July 25, 2022

    UK Tribunal Frees Importer From £10M Tax Bill

    A British tribunal has freed an exporter from tax assessments totaling nearly £10 million, saying the exporter's entry into the soft drink and sweets sector wasn't so suspicious as to hold it liable for its new partners' purported tax evasion scheme.

  • July 25, 2022

    ITC Says Google, Ecobee Don't Infringe Thermostat Patents

    The U.S. International Trade Commission won't stop Google and device maker Ecobee from importing smart thermostats accused of infringing two patents held by energy management company EcoFactor, determining that the disputed products don't fall within the limitations of the asserted claims.

  • July 25, 2022

    Enviros Press FERC To Regulate Inland LNG Facilities

    Environmental groups on Friday petitioned the Federal Energy Regulatory Commission to reverse its position that it can't oversee certain inland liquefied natural gas facilities, arguing the agency is wrongly ceding authority Congress gave it in the Natural Gas Act.

  • July 25, 2022

    WTO Finds Turkey's Pharma Production Measures Unfair

    Turkey failed to meet its obligation to treat pharmaceuticals produced abroad fairly when it required foreign companies to commit to producing drugs in Turkey in order to qualify for government-provided health care reimbursements, the World Trade Organization said Monday.

Expert Analysis

  • Russia Sanctions Usher In New Age Of Economic Warfare

    Author Photo

    The unprecedented scale of new Russian sanctions and coordination between allies since Russia’s invasion of Ukraine are harbingers of increasingly weaponized regulations, trade realignment and geopolitical divisions, which may lead to greater uncertainty for multinational companies' compliance programs, says Michael Watt at Kroll.

  • 5 Mediation Mistakes That Create Obstacles To Settlement

    Author Photo

    Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

    Author Photo

    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

    Author Photo

    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • Emerging Economic Effects From Russia-Ukraine War

    Author Photo

    While the full economic effects of Russia's invasion of Ukraine will only become clear with time, some of the geopolitical and financial consequences are already becoming apparent, such as a possible shift from the petrodollar, Russian debt default and investor asset recovery complications, say attorneys at King & Spalding.

  • 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

    Author Photo

    Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

  • Applying US Contract Law Amid Ukraine-Related Sanctions

    Author Photo

    U.S. companies should evaluate their current contractual relationships to identify any agreements affected by Ukraine-related sanctions, anticipating that counterparties may invoke these sanctions to excuse performance, via traditional common law defenses, say Peter Neger and Bryan Woll at Morgan Lewis.

  • How Law Schools Can Navigate Toward Equity And Inclusion

    Author Photo

    Law schools have a responsibility to do more than admit students from underrepresented populations — they must understand the challenges that minority law students face, learn why so few reach the highest levels of the legal profession, and introduce programs that help foster inclusion and reduce inequities, says Jennifer Rosato Perea at DePaul College of Law.

  • Where Judge Jackson Stands On Key Civil Procedure Issues

    Author Photo

    During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • What DOJ's Shifting Stance On IP Means For SEPs, Mergers

    Author Photo

    Recent policy statements by U.S. Department of Justice Antitrust Division chief Jonathan Kanter, reversing the previous administration's course on intellectual property issues, raise questions for companies concerning remedies for standard-essential patents and the level of scrutiny for licensing deals in merger review, says Noah Brumfield at Allen & Overy.

  • FinCEN Alerts On Sanctions Evasion Signal Shifting Approach

    Author Photo

    The Financial Crimes Enforcement Network's recent warnings regarding potential evasion of sanctions against Russia and Belarus place new importance on FinCEN's customer due diligence and beneficial ownership rules, signal changes to the Bank Secrecy Act and create implicit supervisory expectations, say Constantine Lizas and Ross Hofherr at Harris Beach.

  • Export Control Compliance Amid Stricter Russia Restrictions

    Author Photo

    As the Biden administration steps up export control enforcement and implements an unprecedented sanctions program targeting Russia, exporters should tailor their compliance programs, identify heightened compliance risks and consider voluntarily disclosing existing violations, say attorneys at Covington.

  • Cos. Must Prepare For Emerging ESG Risks In Supply Chains

    Author Photo

    U.S. legislative developments on forced labor in Xinjiang, greenhouse gas emissions and fashion industry transparency will affect corporate supply chain management, so companies should take several steps to prepare for current and anticipated regulation of ESG risks, say Sara Orr and Jacqueline Yap at Kirkland.

  • How To Avoid Prematurely Publicizing A Case Outcome

    Author Photo

    The lessons of a recent U.K. case involving Matrix Chambers' premature social media posts that violated a court embargo are relevant in the U.S. as well, reminding law firms to ensure plans to publicize a case are shielded from accidental violations of court sealing and gag orders, says Elizabeth Ortega at ECO Strategic Communications.

  • The ITC's Crucial Role In Countering Russia's Aggression

    Author Photo

    As a recent letter from Ohio senators points out, the U.S. International Trade Commission should address the extraordinary danger Russia's litany of violations against international order present to ensure full enforcement of U.S. trade remedy laws, say Scott Kieff at George Washington University Law School and Thomas Grant at Cambridge University.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the International Trade archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!