International Trade

  • June 25, 2019

    London Exchanges Reveal Plans To Halt Swiss Share Trading

    Three London stock-trading platforms have written to investors to warn that they will no longer be able to accept buy or sell orders in shares of Swiss-registered companies as of July 1, responding to a standoff between Switzerland and the European Union over a new bilateral treaty.

  • June 24, 2019

    FedEx Challenges Commerce Dept.'s Huawei Export Reqs.

    FedEx Corp. filed a complaint in D.C. federal court Monday seeking an exemption from recently enacted export requirements the U.S. Department of Commerce placed on a slew of Chinese entities including telecom giant Huawei, claiming the regulations are unconstitutional.

  • June 24, 2019

    Trump Set To Meet One-On-One With 8 World Leaders At G-20

    U.S. President Donald Trump is set to meet individually with at least eight world leaders, including Chinese President Xi Jinping and Russia President Vladimir Putin, at this week's G-20 Summit in Osaka, Japan, a senior administration official said Monday.

  • June 24, 2019

    Ex-Venezuela Oil Minister Fights $1.4B Default Judgment

    Venezuela's former energy minister told a Texas federal judge Monday to set aside a $1.4 billion judgment against him because he argues he didn't have a chance to respond to the false allegations against him.

  • June 24, 2019

    Tesla Gets Tariff Waiver For Japanese Aluminum Battery Parts

    Tesla Inc. won't have to pay a 10% tariff on aluminum parts imported from Japan to be used in the batteries that power the Silicon Valley company's electric cars, the U.S. Commerce Department has determined.

  • June 24, 2019

    Trump Hits Iran With New Sanctions Following Downed Drone

    The Trump administration on Monday announced a new round of economic sanctions against Iran, denying the country’s leader access to certain financial resources and penalizing several military leaders after the country shot down a U.S. drone last week.

  • June 24, 2019

    WTO Dispute Roundup: Food Fights Continue To Rage

    In Law360’s latest look at the World Trade Organization’s Dispute Settlement Body, two panels were formed to hear cases dealing with restrictions on fresh olives and chicken imports, while China agreed to comply with a decision that faulted its use of import quotas on corn, wheat and rice.

  • June 24, 2019

    Huawei Says Feds Have Held Seized Tech Goods For 2 Years

    The U.S. Department of Commerce stepped out of line by seizing a shipment of Huawei Technologies equipment as it was en route back to China and holding it for more than 20 months, the tech giant told a D.C. federal court.

  • June 24, 2019

    Trade Barriers Still On Rise Among G-20 Nations, WTO Finds

    Trade-restrictive measures among the Group of 20 leading rich and developing nations cover nearly $336 billion in imports, the second highest figure since the World Trade Organization starting monitoring trade coverage in 2012, the WTO said in a report Monday.

  • June 24, 2019

    Justices Won't Examine Challenge To Trump Steel Tariffs

    The U.S. Supreme Court on Monday rejected a steel importer group's bid to knock down tariffs imposed last year by President Donald Trump, leaving in place the president's broad authority to set trade restrictions in the name of national security.

  • June 21, 2019

    Commerce Dept. Blacklists 5 More Chinese Tech Entities

    Citing apparent risks to national security, the U.S. Department of Commerce announced Friday that it has added four more Chinese technology companies and one institute to a running blacklist that already includes Huawei, restricting their ability to buy American technology without written permission.

  • June 21, 2019

    CIT Greenlights Duties On South Korean Polyester Fiber

    The U.S. Court of International Trade upheld duties on imports of a certain polyester fiber Friday, rejecting two South Korean companies' assertions that a lack of cooperation by respondents to the U.S. Department of Commerce's anti-dumping duty investigation prevented an accurate calculation.

  • June 21, 2019

    Commerce Says 'Malaysian' Pipes Dodging Chinese Duties

    Certain pipe fittings from Malaysia actually originate from China, the U.S. Department of Commerce said Friday, finding that companies in China were exporting the products to Malaysia first in order to skirt anti-dumping duties.

  • June 21, 2019

    Fed. Circ. Takes Swipe At Commerce's Subsidy Analysis

    The Federal Circuit on Friday ruled in a precedential opinion that the U.S. Department of Commerce was using a lower, outdated standard to determine whether foreign governments were subsidizing their producers in countervailing duty cases, upending decades of agency protocol.

  • June 21, 2019

    EU Seeks Arbitration Over Ukraine Wood Exports Ban

    The European Union said Friday that it has requested arbitration under an association agreement with Ukraine over the latter country's restrictions on exports of certain wood products to the bloc, saying it appears the export ban violates the terms of their agreement.

  • June 21, 2019

    ITC To Probe GE, Others Over Claims LEDs Violate Patents

    The U.S. International Trade Commission has launched investigations into LED products made by General Electric Co., the successor company to Philips Lighting NV and several others after a lighting company accused its competitors of infringing its patented technology.

  • June 21, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a cryptocurrency operator facing investigations in the U.S. sue HSBC, a number of food import-export companies hit cargo giant MSC with claims, and the Lloyds-owned Bank of Scotland take on the attorney general. Here, Law360 looks at those and other new claims in the U.K.

  • June 21, 2019

    'No-Deal' Brexit Will Harm Economy, Chancellor Warns

    A "no-deal" Brexit, in which Britain crashes out of the European Union without any agreements in place, would damage and disrupt the U.K. economy, the country’s finance minister warned on Thursday.

  • June 20, 2019

    Rubio's Bid To Bar Huawei Patent Suits Alarms Attorneys

    A proposal by Sen. Marco Rubio, R-Fla., to bar China’s Huawei from filing patent lawsuits because it is on a national security watch list has drawn strong criticism from attorneys, who say it would undermine the premise of patent law and risk inviting retaliation against U.S. companies.

  • June 20, 2019

    EU's Swipe At Investment Treaties May Trigger Legal 'Crisis'

    European Union member states are considering an initiative that could immediately extinguish investment protection under intra-EU bilateral treaties, a controversial move that may force arbitral tribunals to weigh the purported rights of investors against a nation's sovereign right to terminate its treaties.

  • June 20, 2019

    Senate Votes To Block $8B In 'Emergency' Saudi Arms Sales

    The U.S. Senate voted Thursday to block $8.1 billion in proposed arms sales to Saudi Arabia that had been previously pushed through by the administration using “emergency” authority, setting up both a likely veto and the prospect that lawmakers will seek to eliminate that authority.

  • June 20, 2019

    Hyundai Asks Court Not To Stop ITC Auto Part Proceeding

    Direct Technologies International Inc. is making a "literally unprecedented" request in asking a North Carolina judge to block Hyundai Motor America Inc.'s parallel proceeding before the International Trade Commission while Hyundai's trademark suit against DTI is pending in federal court, the carmaker told the court.

  • June 20, 2019

    How A High Court Sex Offender Ruling May Kill Trump Tariffs

    A steel importing group’s bid to erase President Donald Trump’s national security-based tariffs may have found an unlikely ally Thursday in the U.S. Supreme Court’s decision to uphold the retroactive application of a 2006 sex offender registration law that cuts to the core of a simmering legal debate over the limits of executive power.

  • June 20, 2019

    MediaTek Takes Graphics IP Fight To Fed. Circ. After ITC Ban

    Taiwanese semiconductor company MediaTek has urged the Federal Circuit to undo the U.S. International Trade Commission's ban on its graphics chips, saying the commission's decision that the company infringed a patent owned by an American rival was premised on an incorrect reading of a claim term for texture shading.

  • June 20, 2019

    ITC Blocks Counterfeit Phone Mounting Device Imports

    The U.S. International Trade Commission has issued a general exclusion order to block imports of counterfeit phone mounters after finding that several Chinese companies infringed patents and a trademark registration owned by National Products Inc.

Expert Analysis

  • How To Identify And Deal With Narcissists In Law

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    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

  • Compliance Certifications Jack Up Sanctions Violation Costs

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    The U.S. Department of the Treasury’s Office of Foreign Assets Control has recently increased the real cost of sanctions violation settlements by requiring annual compliance certifications. This alters the cost-benefit analysis of implementing robust sanctions compliance programs at nonfinancial institutions, says Jeremy Paner of Holland & Hart.

  • Q&A

    A Chat With Cleary Chief Talent Officer Hy Pomerance

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview management from top law firms about the increasingly competitive business environment. Here, Amanda Brady and Dustin Laws talk with Hy Pomerance, chief talent officer of Cleary.

  • What To Expect When You’re Expecting A Compliance Monitor

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    Out of three corporate Foreign Corrupt Practices Act enforcement actions in the first quarter of 2019, two included agreements to retain an independent compliance monitor. Yuliya Kuchma of Baker McKenzie explains how companies can make the most of a monitorship experience.

  • Rebuttal

    Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

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    Jury trials are not dying because arbitration is a “better product,” as alleged in a recent Law360 guest article, but because corporations have rigged the system through forced arbitration to ensure they cannot be held accountable before a judge or jury, say attorneys at Hagens Berman.

  • Guest Feature

    Preet Bharara On The Human Factor In The Justice System

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    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • How Cos. With Cuba Ties Can Fight Helms-Burton Act Suits

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    Last week, the Trump administration announced it would activate Title III of the Helms-Burton Act, allowing individuals whose property was confiscated by the Cuban government to bring claims in U.S. courts against anyone deriving economic benefit from the property. But companies operating in Cuba have some defenses against such suits, say attorneys and advisers with Akerman.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • How Treaties Protect Investors When Clean Energy Regs Shift

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    When changes in clean energy regulations lead to investor disputes, domestic companies may be limited to challenging regulatory changes in local courts, but investors from abroad can often seek remedies under international law, say attorneys at WilmerHale.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Reverse FCA Cases Rise With 'America First' Trade Policies

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    Though the number of reverse False Claims Act suits alleging importers made false customs declarations will likely keep increasing given the Trump administration's protectionist policies, importers can take steps to mitigate their risks, say attorneys at Crowell & Moring.

  • Few Avenues To Protection For Foreign FCPA Whistleblowers

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    The Ninth Circuit's recent decision in Wadler v. Bio-Rad falls within a larger pattern of federal courts interpreting whistleblower protection statutes narrowly — especially when employees raise allegations about international business and potential Foreign Corrupt Practices Act violations abroad, say Daniel Wendt and Amelia Hairston-Porter of Miller & Chevalier.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Getting Compliance Right When There Are No Regulations

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    Recent enforcement actions and agency guidance illustrate how the federal government sets expectations for corporate compliance internal controls, even when no formal regulations have been issued. But companies must know where to find the relevant information, says Jo Ritcey-Donohue of JRD Law.

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