International Trade

  • June 07, 2022

    Canadian Solar, Solaria Settle Patent Fight In Calif., ITC

    Canadian Solar Inc. has agreed not to make and sell certain solar panels — which it had already discontinued — after a U.S. International Trade Commission judge said the products infringe two Solaria Corp. patents.

  • June 07, 2022

    Fed. Circ. Hammers Thales, Philips In FRAND Patent Row

    A Federal Circuit panel on Tuesday took attorneys for Thales USA Inc. and Koninklijke Philips NV to task in their fight over whether a Delaware federal judge erred in denying Thales' bid to quash part of an International Trade Commission investigation in a dual-pronged fight over Philips' standard-essential patents.

  • June 07, 2022

    Biden Stakes Out More Assertive Path For Solar Development

    President Joe Biden is using both tested and untested government authority with his aggressive moves to accelerate U.S. solar development, which include unprecedented tariff relief and increased federal buy-in of clean energy manufacturing. Here, Law360 breaks down three key takeaways from Biden's Monday solar energy actions.

  • June 07, 2022

    WTO Leaders Make Push For Deals Ahead Of Summit

    World Trade Organization leaders on Tuesday made a push for members to reach consensus on outstanding trade issues ahead of a ministerial summit slated to kick off next week.

  • June 07, 2022

    Biden Uses Trade Pact To Crack Down On Stellantis Plant

    The Biden administration is using the North American trade pact to scrutinize alleged labor violations for a fourth time, asking Mexico to probe whether an auto-parts facility owned by automobile maker Stellantis was trampling workers' organizing rights.

  • June 07, 2022

    Rising Star: King & Spalding's Marie-Sophie Dibling

    King & Spalding's Marie-Sophie Dibling served as lead counsel for the European Biodiesel Board in an anti-subsidy case helping to secure the imposition of high anti-subsidy duties, and represented the Moroccan textile industry in successful anti-dumping litigation against machine-made imports from Egypt, Jordan and China, earning her a spot among the international trade attorneys under age 40 honored by Law360 as Rising Stars.

  • June 07, 2022

    Debt Committee Rules Russia Failed To Pay On Bond

    An international debt committee announced on Tuesday that Russia had failed to make payments on its sovereign bonds on May 19, triggering derivatives contracts for investors betting Moscow will default on its external debt for the first time since 1917.

  • June 06, 2022

    Montana Tribes Drop Keystone Pipeline Challenge

    A fight between the federal government and Montana tribes over approvals for the TC Energy's Keystone Pipeline came to an end Monday, over a year after President Joe Biden revoked a key permit for the project.

  • June 06, 2022

    US Cleared To Seize Russian Oligarch's Jets Worth $400M

    The U.S. government can seize a pair of jets controlled by Russian oligarch Roman Abramovich, a Manhattan federal court ruled on Monday, in the latest move by the U.S. Department of Justice to punish Kremlin insiders for the invasion of Ukraine.

  • June 06, 2022

    CIT Rebuffs Challenge To Customs Broker Exam Questions

    The U.S. Court of International Trade on Monday shut down a Nebraska man's push to change the results of his failed customs broker exam, ruling that the federal government's interpretation of four disputed questions was above board.

  • June 06, 2022

    Trump Ally's Underling Wants Separate Lobbying Trial

    The ex-assistant to onetime Donald Trump adviser Thomas Barrack asked Monday to be tried separately on illicit lobbying charges, saying Brooklyn federal prosecutors are unfairly lumping together the actions of a billionaire business mogul and his administrative aide.

  • June 06, 2022

    USTR Sees Dispute Settlement 'Evolution' In Pacific Deal

    U.S. Trade Representative Katherine Tai sketched out a vision for enforcing the Indo-Pacific trade pact the Biden administration is pursuing Monday, saying there has been an "evolution" in the tools the U.S. uses to settle trade disputes.

  • June 06, 2022

    Rising Star: Kelley Drye's Melissa Brewer

    Kelley Drye & Warren LLP's Melissa Brewer helped secure retroactive duties on foreign honey and was a key player in two of the largest-ever trade complaints to hit the U.S. Department of Commerce, earning her a spot among the international trade attorneys under age 40 honored as Law360 Rising Stars.

  • June 06, 2022

    CMS Adds Partner To London Employee Incentives Team

    CMS has hired a new partner for its employee incentives practice in London from Freeths LLP, as it looks to increase its ability to advise clients on employee and management reward packages.

  • June 06, 2022

    Biden Carves Out 2-Year Exemption From Solar Tariff Probe

    President Joe Biden on Monday gave U.S. solar companies a two-year reprieve from any new tariffs that result from an ongoing U.S. Department of Commerce circumvention probe while moving to accelerate domestic manufacturing of solar equipment and other clean energy technologies.

  • June 03, 2022

    O'Melveny Cleared To Rep Trump Ally In Lobbying Trial

    O'Melveny & Myers can represent former Trump adviser Thomas Barrack in his illicit lobbying case, a New York federal judge said Friday, after Barrack agreed to waive potential conflicts about a company he founded paying his legal fees and the law firm's relationship with a potential witness in the case.

  • June 03, 2022

    EU Says €291M Arbitration Award Violates European Law

    European authorities are urging a D.C. federal court not to confirm a €291 million arbitral award against Spain over its decision to revoke clean-energy incentives, claiming the case should not have gone to arbitration in the first place and instead belongs in a European Union court.

  • June 03, 2022

    Importer Seeks Duty-Free Treatment For Hay Netting In CIT

    An importer continued its push to secure duty-free treatment for its purchases of netting used to bind bales of hay in the U.S. Court of International Trade on Friday, telling the court that the government has misclassified the goods as textiles.

  • June 03, 2022

    Rising Star: Hogan Lovells' Michael Jacobson

    Michael Jacobson of Hogan Lovells has litigated before tribunals and trade commissions across the world and successfully fought tariffs for international clients, including the recent defeat of safeguard tariffs on Canadian solar modules, earning him a spot among the international trade attorneys under age 40 honored by Law360 as Rising Stars.

  • June 03, 2022

    Ex-Trump Adviser Navarro Indicted For Defying Jan. 6 Probe

    Former White House trade adviser Peter K. Navarro has been charged with contempt of Congress for defying a subpoena issued by the House committee investigating the Jan. 6 insurrection at the U.S. Capitol, the Department of Justice said Friday.

  • June 02, 2022

    Tenaris Inks $78M FCPA Deal Decade After Prior SEC Pact

    Steel manufacturer Tenaris SA will pay more than $78 million to resolve claims that it violated the Foreign Corrupt Practices Act, the U.S. Securities and Exchange Commission said Thursday, more than a decade after the company entered into a separate deal that was the first-ever deferred prosecution agreement with the agency.

  • June 02, 2022

    Commerce Sets Preliminary Duties On Korean Polymers

    The U.S. Department of Commerce set preliminary duties on imports of certain Korean superabsorbent polymers after finding that the products are being sold at unfairly cheap prices in the U.S.

  • June 02, 2022

    Biden Unveils Suite Of New Sanctions To Squeeze Russia

    The Biden administration rolled out its latest round of sanctions against Russia on Thursday, targeting government and commercial leaders in Moscow while also cutting dozens of companies off from crucial U.S. suppliers.

  • June 02, 2022

    FedEx Unit Lobs $26.8M Suit To Recoup Glove Shipment Fees

    A FedEx subsidiary accused a protective clothing supplier of skipping out on a $26.8 million bill related to the shipment of hundreds of containers of exam gloves, according to a lawsuit filed in Maryland federal court Wednesday.

  • June 02, 2022

    Top Akerman Policy Consultant Takes Work From NY To Miami

    A senior policy consultant for Akerman LLP has left New York to continue his career at the firm's bustling Miami shop.

Expert Analysis

  • ITC Consent Orders Can Be Complicated In IP Cases

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    Following a five-year high for U.S. International Trade Commission investigations terminated by consent order or settlement, it’s important for respondents and complainants in cases involving intellectual property right claims to understand the consequences that can arise when this method is used to end an inquiry, says Andrew Kasnevich at Hunton.

  • Opinion

    Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Tips For Negotiating Litigation Funding Agreements

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    Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.

  • M&A Risk Management Considerations Amid War In Ukraine

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    The business implications of the Russian invasion of Ukraine are growing, slowing down record M&A activity and underscoring the need to expand the scope of due diligence when evaluating investment targets, says Snežana Gebauer at StoneTurn.

  • Russia Sanctions Usher In New Age Of Economic Warfare

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    The unprecedented scale of new Russian sanctions and coordination between allies since Russia’s invasion of Ukraine are harbingers of increasingly weaponized regulations, trade realignment and geopolitical divisions, which may lead to greater uncertainty for multinational companies' compliance programs, says Michael Watt at Kroll.

  • 5 Mediation Mistakes That Create Obstacles To Settlement

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    Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

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    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

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    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • Emerging Economic Effects From Russia-Ukraine War

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    While the full economic effects of Russia's invasion of Ukraine will only become clear with time, some of the geopolitical and financial consequences are already becoming apparent, such as a possible shift from the petrodollar, Russian debt default and investor asset recovery complications, say attorneys at King & Spalding.

  • 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

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    Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

  • Applying US Contract Law Amid Ukraine-Related Sanctions

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    U.S. companies should evaluate their current contractual relationships to identify any agreements affected by Ukraine-related sanctions, anticipating that counterparties may invoke these sanctions to excuse performance, via traditional common law defenses, say Peter Neger and Bryan Woll at Morgan Lewis.

  • How Law Schools Can Navigate Toward Equity And Inclusion

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    Law schools have a responsibility to do more than admit students from underrepresented populations — they must understand the challenges that minority law students face, learn why so few reach the highest levels of the legal profession, and introduce programs that help foster inclusion and reduce inequities, says Jennifer Rosato Perea at DePaul College of Law.

  • Where Judge Jackson Stands On Key Civil Procedure Issues

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    During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • What DOJ's Shifting Stance On IP Means For SEPs, Mergers

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    Recent policy statements by U.S. Department of Justice Antitrust Division chief Jonathan Kanter, reversing the previous administration's course on intellectual property issues, raise questions for companies concerning remedies for standard-essential patents and the level of scrutiny for licensing deals in merger review, says Noah Brumfield at Allen & Overy.

  • FinCEN Alerts On Sanctions Evasion Signal Shifting Approach

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    The Financial Crimes Enforcement Network's recent warnings regarding potential evasion of sanctions against Russia and Belarus place new importance on FinCEN's customer due diligence and beneficial ownership rules, signal changes to the Bank Secrecy Act and create implicit supervisory expectations, say Constantine Lizas and Ross Hofherr at Harris Beach.

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