International Trade

  • May 26, 2021

    McKool Smith Snags NY-Based IP Pair From King & Spalding

    Trial firm McKool Smith PC continued the expansion of its intellectual property coverage by adding a pair of former King & Spalding LLP attorneys with decades of experience working high-stakes patent litigation, the firm announced Wednesday.

  • May 26, 2021

    Judge Won't Let US Steel Cos. In On Tariff Waiver Suits

    A trade judge has blocked domestic steel producers from backing the U.S. Department of Commerce in six suits challenging the agency's refusal to waive national security tariffs on certain imports, saying the companies lack a direct stake in the cases.

  • May 26, 2021

    Swiss Ditch Trade Talks With EU With Differences Unresolved

    Switzerland has pulled out of talks for a treaty aimed at easing trade relations with the European Union because of "substantial differences," the government said Wednesday, raising concerns in the bloc over legal certainty in future relations.

  • May 25, 2021

    Hemp Pipe Seller Wants CBP's Seizures Of Products Stopped

    A Michigan company that sells pipes, rolling papers and vaporizers for hemp and CBD is suing U.S. Customs and Border Patrol in federal court after the agency seized several shipments of its products, arguing they were improperly labeled as drug paraphernalia.

  • May 25, 2021

    COVID-19, Not Dumping, Behind US Tire Woes, ITC Hears

    COVID-19 stay-at-home orders that led tire plants to halt operations in spring 2020 — and not lower-priced imports — caused U.S. manufacturers to lose market share last year, Asia-based producers told the U.S. International Trade Commission on Tuesday.

  • May 25, 2021

    Biden Admin. Faces Broad IP Threat From China, Iancu Says

    Former U.S. Patent and Trademark Office Director Andrei Iancu said Tuesday that the U.S. is facing numerous challenges in counteracting China's theft of American intellectual property, and suggested that the new administration devote more effort to preserving its role as the global leader in technology.

  • May 25, 2021

    Treasury Nominee Pledges To Address Trillion-Dollar Tax Gap

    A recent estimate showing a tax gap of at least $7 trillion over the next decade is probably understated, the U.S. Treasury Department's nominee for assistant secretary for tax policy told Senate lawmakers at a hearing Tuesday.

  • May 25, 2021

    Food Importer's COVID Suit Over Lost Inventory Is Tossed

    A Puerto Rico food importer and distributor can't look to coverage for over $550,000 in losses from expired seafood product during the COVID-19 pandemic, a federal judge ruled Monday, saying a government lockdown order wasn't directed at the goods themselves or their sale.

  • May 25, 2021

    FERC Still Can't Justify $2.1B Pipeline, Ohio City Tells DC Circ.

    An Ohio city told the D.C. Circuit that gas intended for foreign markets should not be used by the Federal Energy Regulatory Commission as a reason to grant the developer of a $2.1 billion gas pipeline eminent domain authority for its construction under the Natural Gas Act.

  • May 25, 2021

    IP Waiver Talks Hinge On Use Of Big Pharma's Trade Secrets

    As advocates for a World Trade Organization proposal to temporarily waive intellectual property protections for COVID-19 vaccines try to win more support from developed countries, one obstacle to reaching consensus is whether compulsory licenses will require pharmaceutical companies to divulge trade secrets, experts say.

  • May 25, 2021

    Biden Seeks 1st Legal Ruling Under N. America Trade Deal

    The Biden administration asked for an arbitration panel to rule on Canada's dairy import restrictions Tuesday, advancing the first-ever legal dispute filed under the North American trade deal that took effect last year.

  • May 25, 2021

    Sens. Float Bill To Strengthen Chinese Tech Blockade

    Sens. Ed Markey and Marco Rubio teamed up to introduce a bill late Monday that would block Chinese technology companies like Huawei and ZTE from selling products in the U.S., earning swift support from at least one FCC Republican.

  • May 24, 2021

    German Automakers Tell 9th Circ. Antitrust Suit Rightly Nixed

    German automakers including Audi and BMW urged the Ninth Circuit not to revive a case from car dealers alleging they violated U.S. antitrust law by conspiring to reduce innovation and fix steel prices, contending the claims grew from "sensationalized" news articles.

  • May 24, 2021

    Brick Co. Fights Tariff Evasion Fines After Scope Order Win

    Years after the Federal Circuit tossed duty orders on its foreign-made bricks, Delaware-based company Fedmet Resources Corp. is back in court fighting U.S. Customs and Border Protection's finding that it evaded tariffs.

  • May 24, 2021

    Feds Say Ex-Chadian Diplomats Took Bribes For Oil Contract

    Chad's former ambassador to the U.S. and several associates were hit with money laundering and corruption charges for taking $2 million in bribes and shares in an energy company in exchange for lucrative oil rights, prosecutors said in court documents unsealed in D.C. federal court.

  • May 24, 2021

    Builders Face Myriad Cost Pressures, And Issue May Worsen

    The cost of construction materials has soared over the past year as demand has surged and supply has tightened, and experts say the pricing situation could worsen as more projects start to come on line later this year. Here, Law360 looks at the rise in construction costs, what it means for contracts and what the future may hold for developers.

  • May 24, 2021

    Commerce Affirms Duties Based On Currency Manipulation

    The U.S. Department of Commerce announced final tariff rates on imported car tires from four East Asian countries on Monday, including duties punishing Vietnam for suppressing the value of its currency, the dong.

  • May 24, 2021

    ​​​​​​​UK Hones Retaliation Against US Metal Tariffs Post-Brexit

    The U.K. is reviewing the retaliatory tariffs that the country imposed on certain U.S. goods while it was still part of the European Union, the British Department for International Trade announced Monday, saying it hoped to deescalate the dispute.

  • May 21, 2021

    Pharma Orgs Lay Out Vaccine Access Plan Without IP Waiver

    Organizations representing the branded-pharmaceutical industry have published their plan to expand vaccine production and distribution in a way that would not involve waiving intellectual property rights.

  • May 21, 2021

    G-20 Health Accord Shows Split On Waiving COVID IP

    Leaders from the world's largest economies, including Vice President Kamala Harris, reached an agreement on Friday to support voluntary licensing of intellectual property covering COVID-19 vaccines, in a move that shows many countries are still reluctant to support a U.S.-backed World Trade Organization proposal to waive IP rights.

  • May 21, 2021

    ITC To Probe Apple Watches In Portable EKG Patent Row

    The U.S. International Trade Commission has launched an investigation into Apple after medical device maker AliveCor sought a limited exclusion order last month for certain Apple Watches it said infringe three patents covering its wrist-mounted KardiaBand device for detecting irregular heart rates.

  • May 21, 2021

    Third Chinese Co. Assails 'Careless' Blacklisting

    A computer chip maker is pushing to shake its designation as a Chinese military-affiliated company, bolstering its Friday complaint with a D.C. federal court's finding that the Trump administration showed "a general lack of care" in branding technology firms.

  • May 21, 2021

    Revived Counterfeit Bill Would Make E-Commerce Sites Liable

    A group of House lawmakers is renewing efforts to stop the online sale of counterfeit products that pose a danger to consumer health and safety, reviving a bill Thursday that would hold e-commerce marketplaces liable under trademark law for fake products peddled on their platforms.

  • May 21, 2021

    GOP Lawmakers Look To Bar Visas For IP Thieves, Spies

    Republican lawmakers introduced legislation that would allow the U.S. Department of State to deny visas to individuals who have spied on the U.S. or stolen American intellectual property, a measure intended to crack down on reports of Chinese espionage.

  • May 21, 2021

    Vedder Price Adds Experienced International Trade Atty In DC

    Vedder Price PC added a veteran attorney with experience in both international trade and aviation to its international trade and compliance group as a shareholder based in Washington, D.C., the firm announced.

Expert Analysis

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

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    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    USPTO Refusal To Register Cannabis TMs Hurts Public

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    The recent uncovering of THC-laced, knock-off candies in Florida illustrates why U.S. Patent and Trademark Office registration of cannabis trademarks would protect the public by providing companies with quality and safety incentives and empowering them to pursue counterfeiters, says Frederic Rocafort at Harris Bricken.

  • Lifting US Sanctions On Iran Would Increase Financial Activity

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    If recent talks for the U.S. to rejoin the Iran nuclear deal pan out, financial activity between formerly sanctioned entities and European counterparties will likely increase, and demand for certain types of legal work may shift, say Kartik Mittal and Stephanie Limaco at Zaiwalla.

  • How Gov't FCPA Hiring Practices Theory May Pan Out In Court

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    In recent settlements with banks, U.S. authorities have taken the position that providing a job or even an unpaid internship to relatives or friends of foreign officials is a violation of the Foreign Corrupt Practices Act, but it is worth assessing how this theory would fare in individual prosecutions, say attorneys at Debevoise.

  • Opinion

    US Needs Better, Nonpunitive Approach To Greening Trade

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    Instead of imposing tariffs on goods produced where foreign governments have assisted in cleaning up the environment, the U.S. should make trade policy green by helping industries reduce their environmental impact and encouraging every foreign government to do the same, say Elliot Feldman and Michael Snarr at BakerHostetler.

  • Key Takeaways From Recent Changes To TM Laws Abroad

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    Wendy Cheng and Lauren Ralls at Kilpatrick break down what international trademark developments — such as significant amendments to China's law, the impact of Brexit on U.K. filing programs, enforcement strategies and budgets, and changes in the Mexican examination practice — mean for U.S. brand owners and their counsel.

  • What OECD Scrutiny Means For Anti-Corruption In Brazil

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    Attorneys at Paul Hastings examine how an unprecedented standing subgroup recently created by the Organization for Economic Cooperation and Development to monitor Brazil's anti-corruption efforts reflects significant uncertainty regarding the country's commitment to enforcement, and what companies can do to address foreign bribery risk and strengthen compliance programs.

  • How SPACs Can Avoid Failed China Reverse Mergers 2.0

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    As red-hot special purpose acquisition companies hungry for de-SPAC transactions set their sites on Asia, practitioners can look to the failed Chinese reverse mergers of the early 2000s for lessons about regulation, due diligence and misrepresentation, say attorneys at Baker McKenzie.

  • The International Outlook For US Border Carbon Adjustments

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    The Biden administration may see enacting a border carbon adjustment system as a good way to advance climate goals and protect domestic industries and jobs, but any such plan must take into account the need to respect existing international trade agreements, say attorneys at Akin Gump.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • COVID's Int'l Trade Impact Holds Health Co. Legal Implications

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    Pandemic-prompted changes to international trade are highlighting novel legal issues related to the health care industry's reliance on an international supply chain, the proliferation of counterfeit supplies, and risks associated with offshoring administrative support, say Brett Johnson and Claudia Stedman at Snell & Wilmer.

  • The Domestic Landscape For US Border Carbon Adjustments

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    With the Biden administration possibly eyeing border carbon adjustments on imported goods as a means to mitigate climate change, attorneys at Akin Gump discuss such policies' potential benefits to domestic businesses, and the political and technical challenges to their enactment in the U.S.

  • Economic Sanctions And Export Controls: A Q1 Update

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    Attorneys at Kirkland discuss first-quarter developments in U.S. export controls and economic sanctions and what they may indicate about the Biden administration's national security and foreign policy agenda. 

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

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