International Trade

  • June 13, 2022

    GOP Rep. Stokes China Fears Amid COVID IP Waiver Talks

    A Republican congressman from Nebraska is asking the Biden administration to show its commitment to preventing China from accessing "patents or other intellectual property related to COVID-19 vaccines" amid ongoing negotiations at the World Trade Organization over possibly waiving certain pandemic-related intellectual property rights.

  • June 13, 2022

    House Sends Ocean Shipping Reform Bill To Biden

    The U.S. House of Representatives approved bipartisan legislation Monday that would strengthen the Federal Maritime Commission's oversight authority and crack down on ocean container carriers' business practices that lawmakers contend have contributed to the supply chain crunch and rising costs for shippers and consumers.

  • June 13, 2022

    Senate Dems Look To Electrify DOD's Nontactical Vehicle Fleet

    A group of Democratic senators introduced legislation Monday that would electrify the federal government's second-largest vehicle fleet: the Pentagon's 174,000 cars, vans and other nontactical vehicles.

  • June 13, 2022

    Trade Body Advances Claims Panning US' Whale Preservation

    The secretariat of the North American trade pact's environmental wing advanced claims on Monday that the U.S. isn't doing enough to protect a highly endangered whale, putting Washington, D.C., closer to an international probe of its marine conservation efforts.

  • June 13, 2022

    US, Kenya Eye New Talks For 'High-Standard' Trade Deals

    The U.S. and Kenya will soon begin working more closely on trade cooperation, U.S. Trade Representative Katherine Tai's office announced Monday, suggesting digital trade, customs and the environment as potential areas for new "high-standard" commitments.

  • June 10, 2022

    US Taking Long View On Reshaping WTO As Summit Opens

    As World Trade Organization members huddle in Geneva this week for a long-awaited ministerial summit, the Biden administration made clear that while it hopes to reach agreement on a number of pressing issues, it sees the meeting as a launchpad for future work.

  • June 10, 2022

    Chamber Of Commerce Backs Sigma In $24M Duty Suit Appeal

    The U.S. Chamber of Commerce has urged the Ninth Circuit to reverse a lower court's $24 million judgment against a New Jersey-based waterworks and fire protection company, saying the judgment will harm businesses and ultimately increase the costs of goods and services.

  • June 10, 2022

    Treasury Voices Discontent Over Foreign Currency Moves

    The U.S. Treasury Department declined to label any foreign countries as currency manipulators Friday, but nevertheless expressed its distaste with certain governments taking action to devalue their currency to gain a trading advantage.

  • June 10, 2022

    DC Judge Tells Ex-Trump Aide Navarro To Stop Emailing Court

    A D.C. federal judge admonished former ​Trump ​White House trade adviser Peter Navarro for emailing his courtroom deputy twice without copying government attorneys who are prosecuting his contempt of Congress charges, telling Navarro his conduct "is not proper."

  • June 10, 2022

    CIT Rejects Premature Bid For Steel Tariff Refunds

    The U.S. Court of International Trade has denied a Turkish steelmaker's push for refunds of national security tariffs, ruling that the company cannot sue the government before the payment on its entries have been finalized.

  • June 10, 2022

    Jones Day Taps Dentons For Int'l Trade Partner In Brussels

    Jones Day has recruited a former World Trade Organization lawyer from Dentons for its government regulation practice in Brussels, to coordinate its international trade work in Europe.

  • June 09, 2022

    SEC Launches Probe Of Ericsson Over Report Of ISIS Bribes

    The U.S. Securities and Exchange Commission has opened an investigation into telecom giant Ericsson in connection with reports that it may have made bribes to the Islamic State group while trying to secure business in the Middle East, according to a regulatory filing Thursday.

  • June 09, 2022

    Indian Co. Can't Block Resin Duties During Suit, CIT Says

    India's top maker of thermal insulation polymer won't be able to avoid duties while it sues the U.S. government over the rate, the U.S. Court of International Trade ruled Thursday, finding that the company can't prove the levies would cause it irreparable harm.

  • June 09, 2022

    Shipping Co. Wants Suit Over $200M Accident Award Nixed

    A Geneva-headquartered shipping company accused of not paying nearly $200 million awarded in arbitration proceedings over a container ship that caught fire 10 years ago has urged a Louisiana federal court to toss the shipowner's suit seeking to enforce the award.

  • June 09, 2022

    Steel Plate Maker Urges 5th Circ. To Revive Antitrust Suit

    A steel plate producer urged the Fifth Circuit to revive its claims accusing the country's largest steel manufacturers of anti-competitive conduct, arguing a lower court wrongly refused to see its competitors' conduct for the group boycott that it was.

  • June 09, 2022

    Rising Star: WilmerHale's Jeffrey I. Kessler

    WilmerHale's Jeffrey Kessler has dedicated his career to the field of international trade, serving as a lead adviser for Boeing in its long-running trade dispute with Airbus as well as a key decision-maker at the U.S. Department of Commerce, where he was appointed assistant secretary for enforcement and compliance, earning him a spot among the international trade attorneys under age 40 honored by Law360 as Rising Stars.

  • June 09, 2022

    FCPA Retrial May Be Tainted By Hidden Evidence, Atty Warns

    Federal prosecutors are sitting on evidence that might cast doubt on their claims that an attorney and a retired Army colonel conspired to bribe Haitian officials to approve an $84 million port project, the lawyer claimed ahead of an upcoming retrial.

  • June 09, 2022

    Committee Delays Decision On Russian Debt Payment Failure

    An international derivatives committee said Thursday that it will defer making a decision on whether to hold an auction of credit default swaps after Russia failed to pay off part of the interest on its sovereign bond debt.

  • June 09, 2022

    Fed. Circ. Upholds Trump-Era National Security Steel Tariffs

    The Federal Circuit upheld Trump-era national security steel tariffs Thursday, shooting down an ambitious legal challenge from a group of importers who argued that the government misused a Cold War-era law to set the levies in 2018.

  • June 08, 2022

    USDA Official Tapped As Top USTR Agricultural Negotiator

    The White House on Wednesday named a U.S. Department of Agriculture adviser to serve as the chief agricultural negotiator within the Office of the U.S. Trade Representative, three months after withdrawing the nomination of former Almond Alliance of California President Elaine Trevino.

  • June 08, 2022

    Chipmakers, Electronics Cos. Face ITC Patent Case

    Qualcomm, Bose Corp. and NXP Semiconductors are just some of the big-name tech companies facing a patent infringement investigation that the U.S. International Trade Commission is conducting after a patent company that claims to own intellectual property once developed by Bell Labs filed a complaint.

  • June 08, 2022

    CIT Keeps Limits In Fights Over Payback Of Duty Interest

    The U.S. Court of International Trade on Wednesday set time limits on several companies' bids to collect interest from a now-lapsed duty payout program, affirming its earlier findings that the companies waited too long to make their requests.

  • June 08, 2022

    Rising Star: Wiley's Enbar Toledano

    Enbar Toledano of Wiley Rein LLP successfully represented steel producer Nucor before the U.S. Court of International Trade and the American Line Pipe Producers Association in a Federal Circuit appeal of a CIT judgment, earning her a spot among the international trade attorneys under age 40 honored by Law360 as Rising Stars.

  • June 08, 2022

    Luxembourg Says It Has Frozen €4.2B In Russian Assets

    Luxembourg's government has frozen €4.2 billion ($4.5 billion) of Russian assets since the country's invasion of Ukraine began in late February, according to the country's finance minister.

  • June 07, 2022

    Toyota Thai Bribery Probe Marches On, FCPA Deal Likely

    A year after Thailand's Court of Justice said it was investigating Toyota's suspected conspiracy to bribe current and former Thai Supreme Court judges, inquiries in the Southeast Asian kingdom and the U.S. are slowly piecing together evidence to back up suspicions first outlined in an internal WilmerHale investigation, including a multimillion-dollar payment to a small law firm that allegedly acted as a middleman.

Expert Analysis

  • What FERC Flip-Flop Says About Politics And Energy Projects

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    The Federal Energy Regulatory Commission's about-face on its policies for considering the environmental impacts of natural gas infrastructure shows that the agency is not immune to political pressure — so energy sector investors should stay mindful of broader politics when planning projects, say Martha Kammoun and Rachael Marsh at Bracewell.

  • Perspectives

    Time To Fix Legal Industry's Environmental Pro Bono Problem

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    As we observe Earth Month, it's sobering to note that pro bono environmental law work lags behind other practice areas — but the good news is that there are numerous organizations that can help lawyers get connected with environment-related pro bono projects, says Matthew Karmel at Riker Danzig.

  • Changes To Watch In China's Human Genetic Resources Regs

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    While China’s recently published draft implementation rules on the administration of human genetic resources ease certain requirements, multinational pharmaceutical companies should adjust their compliance for reporting and law enforcement provisions that may present greater challenges, say attorneys at Tian Yuan.

  • Remembering An Underappreciated Legal Skill — Listening

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    Education around listening skills is often neglected amid the dominance of visual media and written communication, and failed lawyering often comes down to an inability to listen accurately, so educators and law firms must prioritize the skill in their training programs, says James Flynn at Epstein Becker.

  • M&A Takeaways From ABA Antitrust Meeting

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    The American Bar Association's recent Antitrust Law Spring Meeting highlighted current and proposed progressive merger enforcement reforms — some of which could raise due process concerns and jeopardize the legitimacy of future enforcement actions, say attorneys at Perkins Coie.

  • Attorneys Can Promote Trade, Security Amid Global Conflict

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    As nations take sovereign action to fight Russia’s aggression against Ukraine and the international rule of law, attorneys can combine their legal and business tools to help the global systems of trade and security in these troubled times, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University.

  • Managing Supply Chain Consequences Of Russian Sanctions

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    To withstand the Biden administration's weaponization of sanctions aimed at Russia, U.S. businesses should consider the effects these actions will have from a trade standpoint and be aware of potential avenues to manage continuing supply chain consequences, say Heather Marx and Kristi Zentner at Cozen O'Connor.

  • Series

    The Future Of Legal Ops: Reining In Outside Counsel Costs

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    In-house legal departments are under increasing pressure to control spending on outside counsel, but traditional cost-cutting methods — law firm panels, alternative fee arrangements and alternative legal service providers — are limited, making it necessary to establish a more competitive law firm engagement process, say John Burke and Vincenzo Purificato at UBS.

  • When Congress Seeks Cos.' Nonpublic Info From Regulators

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    Increasingly, congressional investigators seek out private parties' confidential documents from the federal agencies that regulate them — and because Congress is uniquely empowered to override nondisclosure protections surrounding nonpublic information, companies must understand the rules and risks involved, say attorneys at Covington.

  • Opinion

    It's Time To Designate Russia As A State Sponsor Of Terrorism

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    President Vladimir Putin's ongoing destruction of Ukraine merits designating Russia a state sponsor of terrorism, a severe sanction that would subject the country to crushing lawsuits in the U.S. on behalf of Ukraine, its people and others injured by the war, say attorneys at the Law Offices of Charles H. Camp.

  • Enforcement Takeaways From ABA Antitrust Meeting

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    The American Bar Association's recent Antitrust Law Spring Meeting offers signs that the Antitrust Division of the U.S. Department of Justice will be taking on tough cases such as those involving criminal Section 2 enforcement and labor market practices, reminding businesses that they should avoid even the appearance of noncompliance, say attorneys at Perkins Coie.

  • In Early Mediation, Negotiate With Empathy, Not Threats

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    With courts encouraging early settlement conferences to tackle the COVID-19 backlog, parties should consider that authenticity, honesty and the ability to see beyond one's own talking points are far more persuasive tools than threats of a distant possible determination by a court or arbitrator, says Sidney Kanazawa at ARC.

  • 4 Questions For Cos. Seeking To Recover Value Of Russian IP

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    Given Russia’s recent steps to weaken or annul the intellectual property rights of foreign investors from nations that have imposed sanctions on it, companies with IP assets in the country should consider a few key issues when evaluating whether to pursue investment arbitration under bilateral treaties, say attorneys at Covington.

  • Addressing Problematic Drinking In The Legal Profession

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    To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.

  • Transforming Law Firms' Diversity Intent Into Real Progress

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    In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.

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