International Trade

  • 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.

  • June 01, 2021

    Global Orgs. Unite For COVID-19 Vaccine Distribution Push

    The leaders of global organizations for trade, health and development joined forces to back a $50 billion International Monetary Fund proposal to increase global access to COVID-19 vaccines Tuesday.

  • June 01, 2021

    Justices Won't Review Qatar's Immunity From Hacking Claims

    The U.S. Supreme Court on Tuesday turned down a Republican fundraiser and admitted unregistered foreign lobbyist's petition asserting his right to sue Qatar over allegations that the government of the Middle Eastern country hacked him.

  • June 01, 2021

    Importer Says COVID-19 Warrants Retroactive Duty Removal

    A lawnmower company is suing the federal government over retroactive antidumping and countervailing duties imposed on its engines imported from China, denying that it had surged shipments to avoid the levies while the U.S. was investigating the imports.

  • May 28, 2021

    Law360 Names 2021's Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.

  • May 28, 2021

    10X Infringes Bio-Rad Patents, Federal Circuit Affirms

    The Federal Circuit on Friday upheld the U.S. International Trade Commission's finding that 10X Genomics infringed Bio-Rad Laboratories' patents on microfluidic chips used for genetic sequencing, rejecting 10X's argument that the ITC used an incorrect claim construction.

  • May 28, 2021

    ​​​​​​​Nev. Exporter Charged In Alleged Iran Export Conspiracy

    A Las Vegas resident was arraigned this week on charges that she knowingly conspired to ship electronic components to Iran, exposing her to a potential sentence of up to 20 years in prison and a $1 million fine.

  • May 28, 2021

    Gov't Contracts Of The Month: Virus Tests, Fighter Jets

    The Biden administration poured $640 million into COVID-19 testing efforts in schools and other facilities, awarded $6.4 billion for nuclear waste management at a federal research center and opened up a $14 billion fighter jet production line in South Carolina. Here are Law360's top picks for government contracts in May.

  • May 28, 2021

    Senate Punts On Massive Tech, Trade Bill Aimed At China

    The Senate on Friday unexpectedly postponed final action on a major bipartisan bill with more than $200 billion meant to fuel technological and economic competition with China.

  • May 28, 2021

    US Bars Chinese Fishing Co. Over Forced Labor At Sea

    U.S. Secretary of Homeland Security Alejandro Mayorkas and U.S. Customs and Border Protection acting Commissioner Troy Miller announced the blacklisting of Dalian Ocean Fishing Co. Ltd. on Friday, based on evidence that the company has used forced labor in its fishing operations.

  • May 27, 2021

    Senate Adds Trade Package To Major Tech Bill Aimed At China

    The Senate on Thursday added a major section on international trade to a sprawling bill that already contained roughly $250 billion to boost the country's technological and economic competition with China, including over $50 billion for domestic semiconductor production and $1.5 billion for telecommunications funding along with enforcement boosts for intellectual property and antitrust.

  • May 27, 2021

    Trade Court Frees Kitchen Cabinets From Plywood Duties

    Ikea kitchen cabinets, as well as models offered by other importers, were officially released from one set of tariffs Thursday when the U.S. Court of International Trade accepted a revised scope ruling placing the ready-to-assemble fixtures outside the bounds of duties on plywood imported from China, though more specific rates still apply.

  • May 27, 2021

    Thai Court Investigating Toyota Judicial Bribery Claims

    Thailand's Court of Justice Thursday said it was investigating claims that Toyota may have bribed sitting judges on the country's Supreme Court, citing Law360's exclusive report that detailed the carmaker's internal corruption probe and an ongoing Foreign Corrupt Practices Act investigation by U.S. law enforcement.

  • May 27, 2021

    PTAB Won't Review Solar Energy Patent, Citing ITC Case

    The Patent Trial and Appeal Board has said it won't review a solar cell patent because a parallel case at the International Trade Commission is well underway and on track to wrap up before the PTAB's final decision is due.

  • May 27, 2021

    Italian Co. Cops To Role In $17.3M Turbine Export Scheme

    An Italian energy services firm has pled guilty to attempting to export a turbine worth $17.3 million to a blacklisted Russian company, scoring a third win for federal prosecutors in the international conspiracy case.

  • May 27, 2021

    Chilean Auto Importer Gets OK For $200M Ch. 11 Plan

    A New York bankruptcy judge approved a prenegotiated Chapter 11 plan Thursday for Chilean auto importer Automotores Gildemeister SpA that had been amended to give bondholders a cashout option.

  • May 27, 2021

    New FCC Rule Could Block Chinese-Made Tech From US Sales

    The Federal Communications Commission will launch a proceeding next month that could result in Chinese-made telecom equipment losing access to domestic markets as part of the agency's efforts to fortify U.S. networks against foreign security threats.

  • May 27, 2021

    Gov't Ends £210B Trade Credit Insurance Backstop

    The government has said it will end a trade credit backstop that has provided £210 billion ($300 billion) of insurance to businesses in Britain during the COVID-19 pandemic against the risk of widespread insolvencies.

  • May 26, 2021

    Venezuela Resists Creditor Attempt To Seize Citgo

    Venezuela and its state-owned oil company Petróleos de Venezuela SA say they aren't alter egos of each other under a new president, but two of the country's creditors urged a Delaware federal court to hand them shares of PDVSA subsidiary Citgo to fulfill arbitral awards.

  • May 26, 2021

    DOJ Takes Toyota Thai Bribery Probe To Texas Grand Jury

    U.S. authorities are ramping up their Foreign Corrupt Practices Act investigation of Toyota, with federal prosecutors impaneling a grand jury in Texas as they seek any evidence the carmaker bribed top Thai judges to overturn a $350 million tax judgment, according to a U.S. law enforcement official and documents related to the investigation.

  • May 26, 2021

    US Pushes To Address Forced Labor In WTO Fisheries Deal

    The Office of the U.S. Trade Representative on Wednesday called for the World Trade Organization to recognize the prevalence of forced labor within the commercial fishing industry, further complicating two decades of negotiations on fisheries subsidies.

  • May 26, 2021

    SG Tells Justices Bankruptcy Moots Wash. Coal Permit Fight

    The acting solicitor general told the U.S. Supreme Court it should reject Montana and Wyoming's fight to overturn Washington's denial of a water quality certificate for a proposed coal export facility because the project owner sold the project site in its bankruptcy proceedings.

  • May 26, 2021

    Senate Votes For Greater Oversight Of China Deal's IP Chapter

    The U.S. Senate approved legislation late Tuesday that would require the Biden administration to report on China's compliance with the intellectual property provisions of its 2020 trade deal with the U.S.

  • May 26, 2021

    Biden Fed. Circ. Nominee Calls Judgeship 'Dream Job'

    President Joe Biden's nominee to the Federal Circuit — the first to the court in more than six years — told members of the Senate Judiciary Committee on Wednesday that serving on the bench is her "dream job."

Expert Analysis

  • Calif. Climate Efforts Offer Starting Point For Biden Admin.

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    California's success in implementing renewable energy policies over the past two decades may serve as a blueprint for the Biden administration's ambitious climate change goals, but achieving the stated goals will require innovation beyond existing state laws, say attorneys at Morgan Lewis.

  • Mitigating User Content Risk After EU Copyright Directive

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    As the deadline approaches for member states to implement the European Union’s new copyright directive, which will hold certain online content service providers liable for copyright infringement pertaining to user-uploaded content, companies should have risk-mitigation strategies in place, say attorneys at MoFo.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • COVID IP Waiver Doesn't Resolve Vaccine Production Barriers

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    Given the lack of know-how and other legal and technical hurdles associated with producing COVID-19 vaccines in developing countries, and the potential harm to U.S. industry, the Biden administration's backing of a temporary waiver on intellectual property protections may be merely a gesture of goodwill, says William Bergmann at BakerHostetler.

  • What UK's New Merger Controls Mean For Private Equity

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    Expansive notification and approval requirements under the U.K.’s new merger control regime — the National Security and Investment Act — along with a lack of clarity about when they go into effect, pose unique challenges for private equity sponsors, as well as their investors and portfolio companies, say attorneys at Kirkland.

  • Keep Forced Labor Out Of Supply Chains As Scrutiny Rises

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    Companies can manage the increasing risk of penalties and reputational harm arising from discovery of forced labor in their supply chains by developing and implementing auditable compliance programs that include measurable milestones and supply chain mapping through data analytics and blockchain automation, say trade and customs advisers at KPMG.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Evaluating Insurance Options In Light Of Suez Canal Blockage

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    The recent blockage of the Suez Canal by the cargo ship Ever Given illustrates that manufacturers, carriers and recipients of internationally shipped goods should consider all the insurance offerings available to cover losses resulting from shipping delays, say David Klein and Ryan Vanderford at Pillsbury.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Tips For Navigating The Visa Processing Backlog

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    The pandemic has caused U.S. embassies and consulates to fall far behind in visa processing, but new information from the U.S. Department of State can help practitioners determine where a client is in line and whether it's time to use other tools to reduce wait time, says Dominique Pando Bucci at Kurzban Kurzban.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Time For Auto Suppliers To Review Force Majeure Options

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    With the recent shortage of semiconductor chips leading some auto manufacturers to suspend or reduce production, auto suppliers should review their contracts to determine the scope of their rights to declare force majeure in the event of supply chain disruptions, say attorneys at Varnum.

  • The Biden Administration Is Sharpening The TSCA's Sword

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    The Trump administration implemented the 2016 amendments to the Toxic Substances Control Act in a way that critics felt benefited chemical companies, but the Biden administration can be expected to use the amendments to broaden risk reviews and impose new requirements on the regulated community, say attorneys at Kilpatrick.

  • Rethinking Investment Treaties As Latin America Goes Green

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    As Latin America pivots toward renewable energy, governments should reshape bilateral investment treaties to allow incentives for new technologies and improve dispute settlement mechanisms, while also providing both new and established energy companies with certainty and fair treatment, say attorneys at GST.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

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