International Trade

  • June 24, 2020

    Venezuelan Opposition Hits Back In $1B BoE Gold Suit

    The Venezuelan central bank board backed by the country's opposition leader argued Wednesday that assessing the legality of its actions is "off limits" to an English court weighing whether to release €930 million ($1 billion) worth of the country's gold from the Bank of England.

  • June 24, 2020

    How Trump Forever Changed Judicial Nominations

    President Donald Trump notched his 200th confirmation to the federal courts faster than any predecessor in the last 40 years, cementing a conservative imprint that will last for decades and redefining the judicial selection process in ways likely to outlast his administration.

  • June 23, 2020

    Ban On Work Visas Could Draw International Blowback

    President Donald Trump's proclamation blocking foreign executives and other skilled workers from moving to the U.S. this year could deter multinational companies from setting up shop in the country and threaten jobs for Americans working abroad.

  • June 23, 2020

    FERC Accused Of Ignoring Harms From Alaska LNG Project

    A coalition of environmental groups and an Alaskan Native tribal village say the Federal Energy Regulatory Commission didn't sufficiently consider the potential harm of a $45 billion Alaska liquefied natural gas project, including how it could worsen climate change, and are asking for reconsideration of the project.

  • June 23, 2020

    Nix Fed's Remaining Cap-And-Trade Suit Claims, Calif. Says

    The U.S. government's lawsuit alleging that California's cap-and-trade program with the Canadian province of Quebec violates the U.S. Constitution's foreign affairs doctrine has no viable theory of preemption, the California government said, urging a federal court to nix the suit's remaining claims.

  • June 23, 2020

    US Will Push Ahead With Stiff Duties On Chinese Staples

    The U.S. International Trade Commission determined Tuesday that U.S. producers are being hurt by Chinese steel staple imports, clearing Commerce's path to impose countervailing and anti-dumping duties as high as 192.64% on the products.

  • June 23, 2020

    Norwegian Cruise Line Can't Get Quick 11th Circ. Appeal

    A Florida federal judge on Tuesday denied Norwegian Cruise Line's bid to bring an appeal before the Eleventh Circuit related to her orders in a lawsuit alleging the cruise line trafficked in stolen property, ruling the request did not meet the "high threshold" required.

  • June 23, 2020

    Russian Telecom Didn't Aid DOJ Bribery Probe, Investors Say

    A proposed class of investors has shot back at a Russian telecommunications company's efforts to dodge accusations that it made $420 million in bribes to officials in Uzbekistan, telling a New York federal judge the company lied to investors about cooperating with a U.S. Department of Justice investigation.

  • June 23, 2020

    Koch Uses Trademark Law To Accuse Rival Of Tariff-Dodging

    Koch Industries Inc. is accusing a competitor of skirting tariffs by claiming that Chinese products are made in Vietnam, a deception it says violates federal trademark law.

  • June 23, 2020

    WTO Says Virus Trade Decline Not As Bad As Predicted

    Government policies stopped global trade from sinking to predicted lows not seen since World War II as the coronavirus pandemic kept countries' economies on lockdown, according to a World Trade Organization analysis released Tuesday.

  • June 22, 2020

    Huawei, ZTE Curbing Telecom Innovation, Think Tank Says

    China's telecom equipment industry, led by Huawei and ZTE, sits at the top of the global food chain thanks to help from the country's government, without which the companies would have no more than a "de minimis" share of the market, according to a new report.

  • June 22, 2020

    Trade Court Sustains Dumping Duties On Chinese Steel Rods

    The U.S. Court of International Trade on Monday sustained anti-dumping duties on Chinese steel threaded rod imports, finding that the U.S. Department of Commerce adequately explained why it didn't adjust financial ratios to avoid double-counting labor costs when calculating the duties.

  • June 22, 2020

    Ex-ADI Employee Sees Anti-Chinese Bias In IP Theft Charges

    A former Analog Devices Inc. employee argued Monday that federal prosecutors illegally singled him out because he's of Chinese descent as he made a bid to dismiss charges that he stole the global semiconductor company's trade secrets and sold its designs as his own.

  • June 22, 2020

    Robbins Geller Takes Reins From Labaton In Apple Suit

    Robbins Geller Rudman & Dowd LLP will take over the lead plaintiffs' counsel role in a proposed securities class action accusing Apple Inc. of hurting its investors by allegedly misrepresenting information about its sales and the demand for its products.

  • June 22, 2020

    Novartis Seeks To Block Imports Of German-Made Eye Shots

    Switzerland-based Novartis AG asked the U.S. International Trade Commission to block German imports of eye shots used to treat eyesight impairments caused by age or diabetes from entering the U.S., alleging that the products violate one of its patents.

  • June 22, 2020

    FCC Halts Chinese Radio Broadcast For 'Deficient' Application

    The Federal Communications Commission on Monday denied an application for Chinese radio programming to be rebroadcast to the U.S. after a Chinese-backed entity with a key role in the broadcast's production was not included in the application.

  • June 22, 2020

    Justices Skip Retroactive IPRs, Doctrine Of Equivalents

    The U.S. Supreme Court on Monday rejected three petitions arguing that patents issued before the America Invents Act are not subject to inter partes review, and another on when patent infringement can be found under the doctrine of equivalents.

  • June 22, 2020

    High Court Won't Review Comcast's Program Guide IP Loss

    The U.S. Supreme Court on Monday shot down Comcast's bid for review of a Federal Circuit decision affirming that its set-top boxes infringe two of a TiVo Corp. subsidiary's patents covering interactive program guides with remote access.

  • June 22, 2020

    Maduro Runs Venezuela, Central Bank Says In $1B Gold Suit

    A lawyer for Venezuela's central bank, which is seeking the release of €930 million ($1 billion) of gold from the Bank of England, told a judge on Monday that Britain's diplomatic relations with President Nicolás Maduro make it "absolutely clear" he is recognized as the country's leader.

  • June 22, 2020

    High Court Won't Touch Trump's Security Tariffs

    The U.S. Supreme Court on Monday turned away a steel importer group's attempt to overturn duties imposed by President Donald Trump, leaving in place the administration's broad authority to restrict trade on the basis of national security.

  • June 19, 2020

    UN Tax Panel To Confront Digital, Virus Challenges At Meeting

    The United Nations' tax committee opens its annual meeting Monday facing fresh challenges posed by COVID-19 and the shifting landscape for global tax discussions even as it contends with lingering issues affecting developing countries, practitioners said.

  • June 19, 2020

    China Says It Fixed US Issues With Farm Subsidies

    The Chinese government informed the World Trade Organization that it has complied with a decision faulting its agricultural trade rules in a dispute launched by the U.S., the trade body announced Friday.

  • June 19, 2020

    S. Korea Escalates WTO Brawl Over Japanese Export Block

    South Korea wants the World Trade Organization to create a panel to review Japan's export restrictions on chemicals sent to the country, alleging the move unfairly singles it out in violation of global trade agreements, according to a notice circulated Friday.

  • June 19, 2020

    Banks Cash In On PPE, But Risks Could Haunt Them

    U.S. banks are facilitating a flurry of deals to bring personal protective equipment into the country from China and elsewhere in exchange for hefty fees, but inherent risks could come back to bite them as regulators continue to expose underlying fraud.

  • June 19, 2020

    Canada Makes Formal Push For Duties On US Goods At WTO

    The Canadian government asked the World Trade Organization to greenlight tariffs on U.S. goods to counteract the latter country's method for calculating countervailing duties, according to a notice circulated Friday.

Expert Analysis

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • A Setback For ITC's Goal Of Adjudicating Design-Arounds

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    As illustrated by a recent Court of International Trade case involving road construction machines, the manufacturer of a purportedly noninfringing redesign has little incentive to pursue adjudication in an adversary proceeding at the U.S. International Trade Commission, says David Hollander at Adduci Mastriani.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • BEA Data Collection Challenges Amid Pandemic Closures

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    In light of the difficulty of collecting economic data during the pandemic, entities that own at least 10% of a foreign business should consider Bureau of Economic Analysis reporting requirements with fresh eyes, says Amy D’Agostino at D'Agostino Law.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • Opinion

    Virus, 'Tiger King' Point To Need For Wildlife Trafficking Law

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    The unlikely combination of the COVID-19 pandemic and a sensational Netflix documentary series has highlighted, like never before, the threat that illegal wildlife trafficking poses to both humans and animals — and has made clear the urgent need for legislation that will treat this activity as organized crime, says Thomas Firestone at Baker McKenzie.

  • US Could Better Effect WHO Reform From Within

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    Instead of withdrawing from the World Health Organization over mismanagement of the COVID-19 pandemic, the U.S. should deepen engagement with the WHO to increase its inclusiveness, transparency and accountability, say attorneys at Akin Gump and a fellow at the Atlantic Council.

  • A Rare Chance To Shape Arms Regulation Compliance Relief

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    Companies regulated under the International Traffic in Arms Regulations should consider the unique opportunity to publicly comment on whether the Department of State should extend a temporary reduction in certain compliance obligations due to COVID-19, which may be key to remaining operational during the pandemic, say attorneys at Arnold & Porter.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Tech, Media Cos. Must Watch DOJ's China Initiative

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    The U.S. Department of Justice's China Initiative has significant numbers of federal prosecutors and investigators focused on economic espionage, intellectual property theft and Foreign Corrupt Practices Act cases, which may have wide-ranging implications for companies in the technology, media and telecommunications space, says Brendan Quigley at Baker Botts.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • How To Prep For Investor-State Disputes Related To COVID-19

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    Parties can prepare for the coming storm of investor-state disputes arising from government measures to fight COVID-19 by reviewing international investment agreements for potential claims and the International Law Commission's draft articles for state defenses, say attorneys at K&L Gates.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • COVID-19 Mitigation May Trigger New Tech Export Restrictions

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    Companies that implement advanced technology to address pandemic-related concerns when they reopen must first determine whether U.S. export controls on new technologies and critical supplies apply, and may need to expand compliance programs accordingly, say attorneys at Thompson Hine.

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