International Trade

  • June 08, 2021

    Senate Passes Massive Tech, Trade Bill Aimed At China

    The Senate on Tuesday approved a major bipartisan bill meant to fuel technological and economic competition with China with trade provisions and around $200 billion in funding for semiconductors, telecom equipment and scientific research.

  • June 08, 2021

    Crocs Hits Skechers, Others With ITC Trademark Complaint

    Crocs Inc. is asking the U.S. International Trade Commission to block the importation of products sold by Skechers and a slew of other companies, arguing they infringe its trademark rights to the popular plastic clog.

  • June 08, 2021

    Colonial CEO Defends $4.4M Ransomware Payment

    At a U.S. Senate hearing Tuesday, the head of Colonial Pipeline Co. defended the company's recent $4.4 million ransomware payment, while acknowledging that the attackers cracked a key password that was not protected by a basic security practice.

  • June 08, 2021

    Biden Aims To Jolt Lagging Supply Chains

    The White House on Tuesday unveiled a sweeping plan to resolve supply chain difficulties that were exacerbated by the COVID-19 pandemic, including a bevy of investments in domestic production and a new "strike force" that will consider trade enforcement moves.

  • June 07, 2021

    Cozen Adds Former KMA Transportation Partner To DC Office

    Cozen O'Connor has snagged a leading aviation attorney from KMA Zuckert LLC, the latest addition to the firm's transportation and trade practice in Washington, D.C., according to an announcement from the firm.

  • June 07, 2021

    Hemp Shipment Was Actually Drug Smuggling, Gov't Says

    An Oregon hemp processor now suing U.S. Customs and Border Protection over several thousand pounds of seized plants was actually attempting to smuggle a large quantity of marijuana across the U.S. border, the government said Monday.

  • June 07, 2021

    GOP Trade Panel Appoints New Trade Counsel

    A longtime House Ways and Means Committee staffer was tapped to serve as the top trade expert for the minority trade panel, according to an announcement Monday.

  • June 07, 2021

    High Court Skips Case Over German Imperial Africa Atrocities

    The U.S. Supreme Court on Monday declined to hear a petition to revive a lawsuit seeking damages from Germany for atrocities and property seizures committed by its colonial authorities against Indigenous groups from southwestern Africa more than a century ago.

  • 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.

Expert Analysis

  • Weighing Ability To Pay Criminal Fines Amid FCPA Crackdown

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    As Foreign Corrupt Practices Act enforcement is expected to increase under the Biden administration, companies facing scrutiny should assess the reasonableness of fines in the context of their capacity to continue operations, and the potential impacts of filing an inability-to-pay claim, say analysts at Charles River Associates.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Strategic Applications Of ITC Admin Law Judge Pilot Program

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    In light of a new U.S. International Trade Commission pilot program allowing administrative law judges to issue interim initial determinations in unfair import intellectual property investigations, parties should consider strategic opportunities for leverage through early identification of key issues and weaknesses in opponents' cases, say attorneys at Arnold & Porter.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • China Trade Secret Ruling Shows US Cos. Path To Protection

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    The high court of China recently upheld a record $25 million award against Wanglong Group for theft of vanillin trade secrets, joining several pro-plaintiff legal developments that illustrate why U.S. companies should utilize the jurisdiction when suing Chinese defendants, say attorneys at Winston & Strawn and YuandaWinston.

  • Addressing Environmental Justice As Part Of ESG Initiatives

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    Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.

  • How Tech Race Bill Expands CFIUS Purview To Academia

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    A recently proposed bill that extends Committee on Foreign Investment in the United States oversight to certain foreign funding of U.S. academic institutions highlights policymakers’ view that higher education institutions are not exempt from ongoing policy and legal efforts to press the U.S.-China technology race, says Hdeel Abdelhady at MassPoint Legal.

  • Rebuttal

    HIV Drug IP Waiver Success Should Guide COVID Vax Rollout

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    A Law360 guest article's recent argument that waiving patent protections for COVID-19 vaccines would discourage innovation and harm U.S. industry doesn't hold up against the World Trade Organization's successful compulsory licensing of HIV and AIDS drugs in the early 2000s, says Francis Ssekandi at IPM Associates.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Navigating Development Bank COVID-19 Relief Probes

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    Multilateral development bank investigations into COVID-19 recovery projects are on the rise and could result in temporary suspension, followed by the spillover effects of cross-debarment and criminal prosecution, say Joshua Ray and Salomé Lemasson at Rahman Ravelli.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Lessons From SAP's Multiagency Illegal Export Penalty

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    German software company SAP SE's recent multiagency penalty over illegally exporting U.S.-made products to users in Iran shows that software and cloud services providers cannot ignore suspected end use in sanctioned countries regardless of where their products were sold, say Robert Slack and Julia Kuelzow at Kelley Drye.

  • Insurance Could Be A Solution To Microchip Shortage Losses

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    To the extent that companies experiencing lost income from the global microchip shortage have contingent business interruption or dependent property coverage and can trace their impaired revenues to physical loss or damage to a supplier, there may be some potential for insurance recovery, says Micah Skidmore at Haynes and Boone.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • Transferring EU Data To US After New Contractual Safeguards

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    To comply with forthcoming European Commission standard contractual clauses, EU companies transferring personal data to the U.S. should consider sending U.S. intelligence agencies a supplemental letter to ensure they recognize transfers as U.S. person communications that cannot be targeted, says Alan Raul at Sidley.

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