International Trade

  • May 17, 2021

    Justices Shun Importers' $150M Fee Suit Against Puerto Rico

    The U.S. Supreme Court refused to take up a petition from two dozen importers challenging security fees on goods entering the Port of San Juan that they say unconstitutionally cost shipping companies more than $150 million.

  • May 17, 2021

    EU Punts Tariff Hike In Favor Of Steel Talks With US

    The European Union will not impose a planned tariff increase on key U.S. goods as the two governments announced new negotiations on global steel capacity Monday, fueling hopes for resolving a dispute that began in the Trump administration.

  • May 14, 2021

    Feds Push For Normal China Tariff Collection During Suit

    Government attorneys took a broad swipe at the raft of challenges to punitive tariffs on Chinese goods Friday, telling the U.S. Court of International Trade that collection of the levies should continue normally while the case plays out.

  • May 14, 2021

    Suit Alleges Symbion Owes $30M From Tanzanian Utility Job

    A Nevada entity that was assigned a nearly $30 million arbitral award originally issued to a Dubai-based heavy equipment rental company told a New York federal court U.S. international engineering contractor Symbion Power must hand over the money for rental bills associated with a Tanzania power project.

  • May 14, 2021

    Senate To Debate $110B Tech Funding Bill To Outdo China

    The U.S. Senate plans to move Monday toward passing a major $110 billion package to fund research and technology to hone the country's competitive edge against China, after lawmakers tacked on a raft of provisions including those opposing boycotts of Israel.

  • May 14, 2021

    ITC Moves Forward With Indian Soybean Meal Inquiry

    The U.S. International Trade Commission found that organic soybean meal from India is posing a threat to U.S. producers, allowing trade investigations of the imports to move ahead.

  • May 14, 2021

    Fed. Circ. Won't Reinstate Duty On Indian Steel

    The Federal Circuit batted away a group of U.S. steel producers' bid to reinstate a 3% duty on Indian steel Friday, finding that an error in calculating the levy was properly remedied through litigation.

  • May 13, 2021

    Trade Court Blesses Duties On Indian Flanges

    The U.S. Court of International Trade backed anti-dumping duties on Indian steel flanges on Thursday, saying that the U.S. Department of Commerce sufficiently explained on remand why it treated a disputed sale as foreign, which paved the way for lower tariffs.

  • May 13, 2021

    State Dept. Wants Challenge To $23B UAE Arms Sale Tossed

    The U.S. Department of State has urged a D.C. federal judge to dismiss a lawsuit over its approval of $23.4 billion in proposed arms sales to the United Arab Emirates, saying the groups challenging the authorization lacked the legal standing to sue.

  • May 13, 2021

    ITC Tries Admin Law Judge Pilot To Speed IP Investigations

    The U.S. International Trade Commission announced Wednesday that it will establish a pilot program allowing its administrative law judges to issue interim initial determinations on fewer than all issues in intellectual property investigations.

  • May 13, 2021

    Tai Grilled By Congress Again On COVID-19 Vaccine IP Waiver

    U.S. Trade Representative Katherine Tai on Thursday again got an earful from lawmakers opposed to the Biden administration's call to waive intellectual property protection on COVID-19 vaccines, and said she aims to address their concerns and find a workable solution.

  • May 13, 2021

    Feds Finalize Hefty Dumping Duties On Chinese Chassis

    The U.S. Department of Commerce finalized 188.05% anti-dumping duties on certain Chinese chassis that domestic producers said undermined their business.

  • May 13, 2021

    1st Circ. OKs $1B Maine Power Line Over Greens' Objection

    The First Circuit on Thursday lifted its injunction halting construction on Central Maine Power's proposed electric transmission line to deliver hydropower from Quebec to Massachusetts, rejecting claims by environmental groups that the Army Corps of Engineers cut corners on its analysis of the 145-mile project.

  • May 13, 2021

    LG Exploding Battery Suits Find Likely Path Forward In Ga.

    The U.S. Supreme Court's recent rejection of strict limits on where Ford can be sued in product defect cases and rulings from Georgia state and federal judges appear to be channeling litigation over an LG unit's allegedly exploding lithium-ion batteries into Georgia state courts.

  • May 13, 2021

    Insurers Fight $10M Suit Over Ship Stuck In Venezuela

    Lloyd's of London underwriters have argued that a subsidiary of Crédit Agricole SA cannot claim $10.4 million for a tanker requisitioned by Venezuela because the U.S. has signaled that it could relax sanctions against the nation, which make its return more likely.

  • May 12, 2021

    Ericsson To Pay Nokia €80M To Nix FCPA Probe-Related Claim

    Ericsson has agreed to pay Nokia €80 million ($97 million) to end a damages claim related to the 2019 resolution of allegations by U.S. agencies that the Stockholm-based telecom giant violated the U.S. Foreign Corrupt Practices Act, it was announced Wednesday.

  • May 12, 2021

    Senate Panel Greenlights TikTok Ban For Federal Devices

    The Senate Homeland Security and Governmental Affairs Committee unanimously passed a bill that aims to prevent federal employees from downloading the controversial app TikTok onto government devices, according to a Wednesday statement from Sen. Josh Hawley, R-Mo., a sponsor of the bill.

  • May 12, 2021

    Pentagon Removing Chinese Co. Xiaomi From Trump Blacklist

    The U.S. Department of Defense told a D.C. federal judge Tuesday it will soon reverse a Trump administration order placing Chinese electronics company Xiaomi Corp. on a blacklist over alleged military ties, a move that would allow U.S. investment in the firm to resume.

  • May 12, 2021

    Chinese Tire Cos. Ask Fed. Circ. To Peel Back Steep Duties

    Chinese companies urged the Federal Circuit to pull back steep anti-dumping duties on certain tires, saying the rates, which the U.S. Department of Commerce issued against dozens of companies' imports, were based on one business's "aberrational" importing activity.

  • May 12, 2021

    Tai Clashes With Senators Over COVID-19 Vaccine IP Waiver

    U.S. Trade Representative Katherine Tai defended her office's endorsement of a temporary waiver of intellectual property protections for COVID-19 vaccines Wednesday as skeptical senators expressed their discontent with the decision.

  • May 12, 2021

    EU Courts Told To Let Iranian Cos. Use Sanction Blocking Law

    Iranian banks and businesses should be allowed to ask European Union courts to invoke a blocking law if they think a company has cut ties over fears of violating U.S. sanctions, a legal adviser told the bloc's top court on Wednesday.

  • May 12, 2021

    Biden Launches Labor Trade Case Against Mexican GM Plant

    The Biden administration brought a new labor case under the U.S. trade deal with Mexico on Wednesday, calling on the Mexican government to investigate "irregularities" in a recent union vote at a General Motors Co. facility in the northern city of Silao.

  • May 11, 2021

    Judge Weighs Effect Of Sanctions In Del. Venezuela Cases

    A Delaware federal judge weighing whether to grant seizure orders for Citgo's parent company to creditors owed hundreds of millions of dollars by Venezuela indicated Tuesday that he is considering whether U.S. sanctions on Caracas preclude him from issuing such an order.

  • May 11, 2021

    Atty Says Girardi Was Part Of Chiquita Terror-Funding MDL

    An attorney representing families of banana farmers accusing Chiquita Brands International Inc. of funding terrorist groups in South America said Tuesday that lawyers for other plaintiffs have failed to disclose that embattled lawyer Thomas Girardi has been part of the case.

  • May 11, 2021

    Taxpayers Hold $2T Abroad In Tax Havens, IRS Official Says

    U.S. taxpayers could hold as much as $2 trillion in assets in low-tax haven jurisdictions, a top research and analytics officer at the Internal Revenue Service said Tuesday during a Senate hearing.

Expert Analysis

  • Why ITC Must Adjudicate Redesign Patent Infringement

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    The U.S. International Trade Commission's decision not to adjudicate allegedly patent-infringing redesigned products in the dispute between Wirtgen and Caterpillar conflicts with IP laws' aim to promote innovation and with the ITC's fundamental responsibility of providing certainty in international commerce, says Derek Dahlgren at Devlin Law Firm.

  • Choosing A Branch Or Subsidiary For Overseas Expansion

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    Samuel Pollack and Naoko Watanabe at Baker McKenzie examine the corporate and U.S. tax law considerations involved in deciding whether a branch or subsidiary is the most efficient way to expand operations overseas, now that recent Treasury regulations clarified the complicated international tax regime created by the Tax Cuts and Jobs Act.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Should ITC Adopt Trade Secret Claims Statute Of Limitations?

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    Despite the lack of an explicit statute of limitations in Section 337, there are reasons to argue that, as in district courts, one should apply to unduly delayed trade secret claims at the U.S. International Trade Commission, say Matt Rizzolo and Jolene Wang at Ropes & Gray.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • How To Meet CFIUS Expectations On Chinese Investment

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    Under President Joe Biden, U.S. government scrutiny of Chinese investment is likely to remain rigorous and have a significant impact on deal return on investment, so deal strategy should include a four-step proactive approach to the Committee on Foreign Investment in the United States review process, say Scott Boylan and Paul Stephen at StoneTurn.

  • Recent Rulings Reinforce DOJ's Global White Collar Reach

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    Recent federal court decisions allowing minimum nexus to serve as a basis for U.S. prosecution of white collar crimes occurring mainly abroad will facilitate the U.S. Department of Justice's aggressive pursuit of foreign parties when the government believes that American victims or other national interests are at stake, say Kara Brockmeyer and Douglas Zolkind at Debevoise.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Parent Cos. Can Expect More Suits Over Foreign Subsidiaries

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    Recent decisions by courts in the U.S., the U.K. and other countries demonstrate a growing trend toward holding corporate actors responsible for alleged misconduct of their overseas subsidiaries, so multinational companies should prepare for potential litigation by assessing corporate policies and contracts to mitigate liability, say Viren Mascarenhas and Nicolas Franco at King & Spalding.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • When Gov't Contacts Lead To DC Long-Arm Jurisdiction

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    Recent D.C. Circuit decisions highlight that anyone doing business with U.S. government, international or quasi-governmental agencies located in Washington should evaluate whether that relationship puts them within reach of the district's long-arm statute, say Brian Young and Mary Gately at DLA Piper.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • 6 CFIUS Considerations For De-SPAC Transactions

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    As financial regulators increase scrutiny on special purpose acquisition companies, SPAC sponsors and their prospective targets need to be aware that the merger following the initial public offering — the de-SPAC — may be subject to the Committee on Foreign Investment in the United States' jurisdiction and may even trigger a mandatory filing, say attorneys at Kirkland.

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