International Trade

  • July 02, 2020

    The Biggest International Trade Stories Of 2020, So Far

    A pandemic, a bitter feud with China and the enactment of a shiny new North American trade agreement were among the many factors keeping companies and their trade attorneys busy in the first half of the year. Here, Law360 breaks down the most essential international trade developments of 2020 so far.

  • July 02, 2020

    Apple's IPad 2 Smart Covers Not Duty-Free, Fed. Circ. Finds

    The Federal Circuit on Thursday kept in place a 5.3% tariff on Apple's iPad 2 smart covers, finding that U.S. Customs and Border Protection properly determined that the products weren't computer accessories that qualified for duty-free treatment.

  • July 02, 2020

    Senate Sends Hong Kong Sanctions Bill To Trump's Desk

    The U.S. Senate on Thursday gave final approval to a bill requiring sanctions on officials and companies that help the Chinese government diminish Hong Kong's independence, sending the measure to President Donald Trump for his signature.

  • July 02, 2020

    ECJ Nixes Barring New Info From VAT Invoice Corrections

    European Union countries can't prohibit the use of new information by those attempting to correct invoices for value-added tax transactions, the bloc's highest court ruled Thursday in a case involving agricultural businesses in Romania and Germany.

  • July 02, 2020

    High Court To Review Nestlé, Cargill Child Slavery Suits

    The U.S. Supreme Court agreed Thursday to hear Nestlé and Cargill's challenges to a Ninth Circuit ruling leaving the companies on the hook for allegations that they benefited from African child labor, teeing up a potential ruling on whether U.S. corporations can be liable for human rights abuses abroad.

  • July 02, 2020

    Alexion Pharmaceuticals To Pay SEC $21M Over FCPA Claims

    Alexion Pharmaceuticals will shell out almost $21.5 million to settle U.S. Securities and Exchange Commission claims that two Alexion subsidiaries bribed Russian and Turkish officials to secure preferential treatment for its blood disorder drug, Soliris, the SEC said Thursday.

  • July 02, 2020

    UK Gov't Recognizes Guaidó As Venezuela Prez, Judge Rules

    The British government has "unequivocally recognized" opposition leader Juan Guaidó as president of Venezuela, a judge ruled at a London court as he found against the Nicolás Maduro government in a legal battle over access to €930 million ($1 billion) of gold stored at the Bank of England.

  • July 01, 2020

    US Leans On Law Firms For Trade Deal Dispute Panelists

    The Trump administration on Wednesday tapped trade and labor law experts from BigLaw fixtures like Skadden and Clark Hill to serve on panels that will be tasked with resolving disputes under the U.S.-Mexico-Canada Agreement.

  • July 01, 2020

    DOJ Seeks Warhol, Monet Artwork In $96M 1MDB Clawback

    The U.S. Department of Justice on Wednesday filed civil forfeiture complaints seeking about $96 million in assets allegedly related to money laundering by a Malaysian state-owned investment fund, including artwork by Claude Monet, Jean-Michel Basquiat and Andy Warhol.

  • July 01, 2020

    CORRECTED: House Approves Hong Kong Sanctions Bill

    The U.S. House of Representatives on Wednesday easily passed a bill to require sanctions on companies that help the Chinese government suppress Hong Kong's independence, following the Senate, which approved an identical measure last week. Correction: A previous version of this article incorrectly described the legislative process for this bill. The error has been corrected.

  • July 01, 2020

    11th Circ. Says Citigroup Cash-Advance Suit Belongs In US

    The Eleventh Circuit in a published opinion Wednesday reversed a Florida federal judge's decision to dismiss a cash-advance fraud suit against Citigroup based on the finding it belonged in Mexico, remanding the case back to the Sunshine State and saying the wrongdoings involved "reverberated in the United States."

  • July 01, 2020

    Telescope Co. Says Rival Pulling Strings On Antitrust Suit

    Celestron wants out of a $350 million suit accusing the telescope maker of teaming up with rivals to hike the price of the stargazing devices, slamming the suit as a "transparent and frivolous" effort by a non-party competitor to run it out of business.

  • July 01, 2020

    Dems Press For Labor Enforcement As USMCA Takes Effect

    Wednesday's enactment of the U.S.-Mexico-Canada Agreement prompted immediate calls from Democratic lawmakers to enforce the deal's labor provisions against Mexico, while President Donald Trump announced plans to meet with the Mexican president to celebrate the new deal.

  • July 01, 2020

    German EU Presidency Prioritizes Financial Transaction Tax

    Germany has said that securing a pan-European financial transaction tax is a priority for the country during its presidency of the Council of the European Union, as well as supporting efforts by the Organisation for Economic Cooperation and Development to reform the international tax system.

  • June 30, 2020

    Top US Trade Official Who Led China Talks To Rejoin Skadden

    Jeffrey Gerrish, the deputy U.S. trade representative who played a lead role in brokering this year's hard-fought trade pact with China, will rejoin Skadden Arps Slate Meagher & Flom LLP in August, the firm announced Tuesday.

  • June 30, 2020

    What You Need To Know As NAFTA 2.0 Takes Effect

    After more than 26 years on the books, the North American Free Trade Agreement is being replaced by the Trump administration’s updated accord with Canada and Mexico, bringing with it a bevy of new challenges for companies operating in the region. Here, Law360 breaks down all you need to know about the new trade deal taking effect Wednesday.

  • June 30, 2020

    Halkbank Case May Be A Slog In The COVID-19 Age

    An attorney for Turkey's state-owned Halkbank on Tuesday told a New York federal judge it didn't envision being ready for trial over an alleged multibillion-dollar scheme to evade American sanctions targeting Iran until the spring of 2022, citing the difficulties brought on by the COVID-19 pandemic.

  • June 30, 2020

    Del Monte Seeks $16.4M Contempt Fine Against Pineapple Co.

    Del Monte called a Costa Rican fruit grower a "thief" Tuesday and asked a Florida magistrate judge to recommend a nearly $16.4 million fine for violating an order to stop growing and selling a particular pineapple variety.

  • June 30, 2020

    Huawei, ZTE Officially National Security Threats, FCC Says

    The Federal Communications Commission formally designated Huawei and ZTE as national security threats to the United States on Tuesday, moving to disrupt the Chinese tech firms' American operations by declaring that federal telecom subsidies won't cover their equipment.

  • June 30, 2020

    US Sanctions Reason To Stall £30M Loan Interest, Court Says

    A London appellate court ruled Tuesday that U.S. sanctions targeting a Cypriot lender's Russian owner justify Cynergy Bank's withholding millions of pounds of interest payments on a £30 million ($37 million) loan from that lender.

  • June 30, 2020

    US Cos. Seek New Duties On Silicon Metal From 4 Countries

    Two U.S. silicon metal producers announced Tuesday they've filed petitions with the U.S. Department of Commerce and the U.S. International Trade Commission, seeking anti-dumping and countervailing duties on competing imports from Bosnia-Herzegovina, Iceland, Malaysia and Kazakhstan.

  • June 29, 2020

    U.S. Bars Defense, High-Tech Exports To Hong Kong

    The Trump administration is halting the U.S. export of defense equipment and certain high-technology products to Hong Kong as the Chinese government is poised to pass a new national security law that will curb political opposition and "eviscerate Hong Kong's freedoms," the U.S. secretary of state said Monday.

  • June 29, 2020

    DOL Firms Up Trade Deal Wage Rules For Automakers

    The U.S. Department of Labor on Monday fleshed out the details of a critical rule in the U.S.-Mexico-Canada trade agreement that requires automakers to pay a certain percentage of their workforce a competitive wage in order to earn duty-free treatment for their cars and trucks.

  • June 29, 2020

    Fed. Circ. Allows Courthouse Access On Case-By-Case Basis

    The Federal Circuit announced Monday that it is modifying its access restrictions and will consider requests to enter the National Courts Building on a case-by-case basis.

  • June 29, 2020

    High Court Won't Hear Claim That McDonnell Applies To FCPA

    The U.S. Supreme Court on Monday passed on a chance to extend its McDonnell ruling, which raised the bar for prosecutors to bring domestic corruption cases, to cases involving the Foreign Corrupt Practices Act.

Expert Analysis

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Will US Oil Cos. Follow OPEC's Lead On Production Cuts?

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    Recent production cuts agreed to by the Organization of the Petroleum Exporting Countries and its allies gave markets confidence that Saudi Arabia and Russia are committed to stabilizing oil prices, but the question now is whether U.S. shale oil producers will continue to reduce their own production, say Denmon Sigler and Scott Shelton at Baker McKenzie.

  • Strategic Considerations For The Escalating SEP Battles

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    Recent developments in the standard-essential patent landscape affect licensing negotiations and litigation involving communications and networking technologies, and will lead to increased attention from regulators and potential inconsistencies among different agencies and forums, say Erik Puknys and Michelle Rice at Finnegan.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • What Hong Kong Policy Shift Means For US Finance Cos.

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    Now that the U.S. no longer considers Hong Kong autonomous from China, stateside financial services companies should monitor public company audit reporting, non-U.S. futures and swaps trading, and international capital reporting, say Matthew Kluchenek and Matthew Bisanz at Mayer Brown.

  • USMCA's Labor Dispute Tool Raises Hurdles For Mexican Cos.

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    The U.S.-Mexico-Canada Agreement’s new mechanism for ensuring compliance with Mexico’s labor reforms poses unique challenges for Mexican companies, which now bear the burden of demonstrating that workers' rights are effectively protected, say attorneys at Akin Gump.

  • Employers More Likely To Fight Visa Denials Amid Pandemic

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    In the past, employers would commonly refile when U.S. Citizenship and Immigration Services denied employee visa petitions, but pandemic-related travel bans and suspended visa processing have made challenging such denials more attractive, say Lynn O'Brien and Kane Vongsavanh at Berry Appleman.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • The Research Compliance Landscape Is Evolving Quickly

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    Government actions against researchers with undisclosed connections to China, as well as legislation designed to safeguard U.S. research, reinforce the probability that new rules for global collaboration and foreign engagement are on the horizon, say attorneys at Ropes & Gray.

  • Opinion

    Trump's Broader Visa Suspension Won't Help US Unemployed

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    Were one intent on protecting U.S. workers in the wake of the pandemic, it is difficult to believe that one would select for suspension the work visa categories President Donald Trump suspended this week, say Amy Haberman and Zlatko Hadzismajlovic at McCarter & English.

  • What New Syria Sanctions Mean For US Companies

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    The novel aspect of the U.S. sanctions against Syria under the Caesar Syria Civilian Protection Act is treatment of the Russian government as a sanctioned entity, so businesses should assess their compliance risk and expect similar legislation in the future, says Jeremy Paner at Ferrari & Associates.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

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