International Trade

  • June 02, 2020

    4 Highlights As Senators Eye FDA Actions On COVID-19

    Senate Finance Committee members Tuesday grilled U.S. Food and Drug Administration leaders for easing access to an unproven medication sold by a banned drugmaker for COVID-19 treatment and explored ways to reduce American reliance on overseas drug production. Here are four highlights from a contentious hearing.

  • June 02, 2020

    After $112M Loss, Control Co.'s Website Draws Contempt Fine

    A German seller of control systems for construction equipment faces a $10,000-a-day penalty for relaunching a sales website and violating a judge's order entered after it lost a $112 million trial to a former business partner, the federal judge in Oklahoma City ruled Tuesday.

  • June 02, 2020

    Rovi Tells Justices To Ignore ITC Flip-Flop In Comcast IP Row

    TiVo subsidiary Rovi has fired back against the U.S. International Trade Commission's call for the Supreme Court to unravel Rovi's win in a patent battle over Comcast's set-top boxes, arguing Tuesday that the agency is overstepping.

  • June 02, 2020

    Volvo, Jaguar Take Shippers To Court Over Cartel Damages

    Volvo and Jaguar are going after a host of shipping companies they say hurt their bottom line by overcharging for the price of roll-on, roll-off cargo services, the U.K. Competition Appeal Tribunal said on Tuesday.

  • June 02, 2020

    Telescope Buyer Hits Celestron With $350M Antitrust Suit

    An amateur astronomer has leveled a $350 million antitrust lawsuit accusing California-based telescope maker Celestron of illegally teaming up with a rival to pad prices, a conspiracy claim that has already won over a federal jury and saddled industry players with millions in damages.

  • June 02, 2020

    CIT Won't Yet Exempt Cos. From Nat'l Security Steel Duties

    The U.S. Court of International Trade refused to exempt two steel nail importers from national security duties on steel imports while they challenge the levy, ruling that the tariff doesn't spell "economic life or death" for the companies.

  • June 02, 2020

    Battle Against Banks Over Fake Nikes Heads To 2nd Circ.

    A group that's trying to collect on a $1.8 billion counterfeiting judgment over fake Nikes is asking the Second Circuit to force six Chinese banks to pay millions of dollars over accusations that they enabled the sale of illegal goods by flouting U.S. court orders.

  • June 02, 2020

    Vanadium Imports Latest Target Of National Security Probe

    The U.S. Department of Commerce announced Tuesday it will launch an investigation into whether vanadium imports threaten U.S. national security, marking the eighth probe of its kind that the department has conducted under President Donald Trump.

  • June 02, 2020

    US Looking Into Tariffs Against India, EU Over Digital Taxes

    The U.S. Trade Representative's Office announced Tuesday it was initiating investigations into India and other countries, as well as the European Union, that have enacted or are considering special taxes on digital companies, opening the door for potential retaliatory tariffs.

  • June 02, 2020

    UK Plans Own Carbon Emissions Trading System After Brexit

    Britain is planning a new system to trade carbon emissions to rival the European Union's existing scheme as the U.K. readies to leave the bloc when the Brexit transition period ends in December.

  • June 01, 2020

    Sheppard Mullin Sanctioned In $47M Telescope Antitrust Fight

    A California federal judge on Monday sanctioned a Chinese telescope maker and its former counsel at Sheppard Mullin for misrepresenting its oversight of document production during post-trial discovery following a $47 million antitrust judgment.

  • June 01, 2020

    FCC Commish Warns China Could Dominate Space Tech

    A Democratic commissioner at the Federal Communications Commission warned in a speech Thursday that the U.S. could repeat missteps it made in the wireless equipment market if it fails to get ahead of China in satellite broadband technology.

  • June 01, 2020

    Mexican Co. Faces Higher Duty For Bent Rebar

    A Mexican rebar producer will face expanded anti-dumping duties after the U.S. Department of Commerce determined on Monday that the company circumvented its duty order by slightly bending the ends of its bars before exporting them.

  • June 01, 2020

    DOD Bars Contractors From Using Russian Energy At Bases

    The U.S. Department of Defense barred federal contractors from using Russian-sourced energy to power American operating bases in Europe, in an attempt to shield the military installations from the "potential risk" of depending on Russian power.

  • June 01, 2020

    Trade Court Won't Touch Dumping Duty On Chinese Bearings

    The U.S. Court of International Trade on Monday rejected a Chinese company's challenge to a 92.85% anti-dumping duty on its roller bearings, finding the company should have raised its objections to Commerce before jumping to litigation.

  • May 29, 2020

    Ex-Judges Slam Flynn's Appeal In Dismissal Bid Fight

    A group of retired federal judges urged the D.C. Circuit on Friday to reject a petition by Michael Flynn asking the appeals court to order a judge to immediately grant the Trump administration's controversial request to dismiss the criminal case against the president's former national security adviser.

  • May 29, 2020

    Intel Chief Declassifies Transcripts Of Flynn's Russia Calls

    Newly confirmed Director of National Intelligence John Ratcliffe on Friday declassified the highly sought-after transcripts of Michael Flynn's conversations with a Russian ambassador to the U.S. during President Donald Trump's transition to office in December 2016.

  • May 29, 2020

    COVID-19 IP Catch-Up: Remdesivir Access, Zoom TM Security

    The novel coronavirus pandemic has continued to cause delays and waivers in the patent and trademark worlds, and also has led to questions about who owns the rights to a key antiviral drug and whether Zoom should be concerned about its trademark.

  • May 29, 2020

    Digital Taxes Face International Legal Gantlet

    Special taxes on digital companies seem almost inevitable as the novel pandemic heightens focus on the tech sector, but they could face legal challenges under both international trade and tax rules as countries begin to collect.

  • May 29, 2020

    Gov't Contracts Of The Month: Virus, Space And Google Deals

    The federal government looked to the future in May, injecting $1.2 billion into AstraZeneca's candidate COVID-19 vaccine and infusing billions into the U.S.'s space-bound ambitions. Other megadeals include remediation of a nuclear site and Google's partnership with the Pentagon.

  • May 29, 2020

    Trade Court Finds US Customs Rightly Labeled Pants Fibers

    The U.S. Court of International Trade on Friday rejected a New York-based importer's challenge to the tariff classification of its polyester women's pants that were hit with a 28.2% duty, finding that the government properly labeled the apparel.

  • May 29, 2020

    ITC Says US Industry May Be Harmed By Steel Wire Imports

    There is reasonable evidence to suggest that the U.S. industry is hurt by steel wire imports from overseas, the U.S. International Trade Commission said Friday in voting to continue an investigation into imports from 15 countries.

  • May 29, 2020

    Texas Justices Won't Rehear Dispute Over Tax-Free Zone

    The Texas Supreme Court on Friday denied a request for a rehearing in a tax dispute over whether an oil importer storing products in a foreign trade "subzone" can claim the subzone's exemptions from local property taxes.

  • May 29, 2020

    Trump Says He Will Peel Away Hong Kong's Trade Status

    President Donald Trump announced on Friday that he will begin to strip away Hong Kong's special trading status in the wake of the U.S. Department of State's determination that the region is no longer autonomous from China, further ratcheting up his showdown with Beijing.

  • May 28, 2020

    Ex-USPTO Head, Retired Judge Back China Pharma IP Reform

    Speaking to IP attorneys at a virtual event Wednesday, the former USPTO director and a retired Federal Circuit chief judge agreed that the pandemic and ongoing US-China trade talks have created a "golden opportunity" to urge China to reform its patent laws to make them friendlier to pharmaceutical innovators.

Expert Analysis

  • What It's Like To Move From Army JAG To BigLaw

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    Lawyers who have served in the U.S. Army's Judge Advocate General's Corps can provide tremendous value to law firms, but the transition to firm life has its challenges, says former JAG attorney Vinnie Lichvar, now at Snell & Wilmer.

  • Power Equipment Security Order Adds Compliance Burdens

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    President Donald Trump's recent executive order on securing the U.S. bulk power system may result in a new licensing regime or preapproval mechanism for certain electric power equipment, creating compliance challenges for companies dealing with such equipment, say attorneys at Akin Gump.

  • Expect EPA Scrutiny Of COVID-19 Product Claims

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    The U.S. Environmental Protection Agency continues to prioritize enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act — and since FIFRA regulates substances intended to kill viruses, companies should be prepared for EPA review of claims that products are effective against the novel coronavirus, say attorneys at Sidley.

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

  • Virtual Caucuses Can Improve The Mediation Process

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    Both during the current crisis and in the future, integrating virtual, private caucuses between the mediator and each party into the mediation timetable would create an overall superior process, says mediator Marc Isserles at JAMS.

  • Next Steps For Regulation Of The US Telecom Sector

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    The newly established Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector elevates national security equities and formalizes preexisting telecom regulation, cementing a trend toward more robust supply chain monitoring and ongoing compliance obligations, say attorneys at King & Spalding.

  • A Look At China's Version Of The US Defense Production Act

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    China does not have a law like the U.S. Defense Production Act where the government can claim priority for the manufacturing of certain critical materials during times of emergencies, but it can easily achieve the same results by administrative means, which brings considerations for those contracting with Chinese manufacturers, say attorneys at Haynes and Boone.

  • What All Attorneys Can Learn From Female Rainmakers

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    Soon lawyers may find an unrecognizable competitive landscape in which most firms will be vulnerable — if they don't rapidly start upgrading their client development tactics to ones like those used by female rainmakers, says marketing consultant Craig Levinson, who recently interviewed Jennifer Trock, Desiree Moore and Debra Fischer about their secrets to success.

  • Understanding Foreign Franchisee/Licensee Corruption Risks

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    The rapidly expanding franchisor/licensor business model in overseas emerging markets with high levels of public corruption threatens to expose U.S. companies to potentially costly legal risks — a topic about which surprisingly little ink has been spilled, say Markus Funk and Kevin Hamilton at Perkins Coie.

  • What's Changing At The Remote Fed. Circ.

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    The Federal Circuit has streamlined its docket and moved oral arguments from the courtroom to conference calls, and early indications suggest that cases that would have been affirmed without an opinion under Federal Circuit Rule 36 in the past may now be decided by short nonprecedential opinions, say attorneys at MoFo.

  • Promoting Lawyer Well-Being Is More Essential Than Ever

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    As the COVID-19 pandemic profoundly tests the overall well-being of lawyers, firms with behavioral health programs can leverage or adapt many existing resources to respond to the crisis, while firms without formal programs can find little ways to make a big difference, says Krista Larson, director of employee well-being at Morgan Lewis.

  • Parsing IP Indefiniteness Claims In ITC Investigations

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    Administrative law judges and the U.S. International Trade Commission are increasingly relying on indefiniteness as a ground for patent invalidity in investigations of unfair practices in import trade, and three typical fact patterns in recent opinions offer practitioners insight into arguing this defense, says Jeffrey Eichen at Faegre Drinker.

  • Remote Depositions Bring Ethics Considerations For Lawyers

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    Utilizing virtual litigation technologies and participating in remote depositions require attorneys to beware of inadvertently violating their ethical obligations, including the principal duty to provide competent representation, say attorneys at Troutman Sanders.

  • Early Pandemic-Related Shifts We're Seeing In Legal Finance

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    As law firms chart their paths forward during these unsettled times, litigation funders are already observing changes in the types of products firms are seeking, such as an increase in one-off case funding requests, says Eric Blinderman at Therium.

  • Opinion

    The Death Of The LSAT

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    Over the last year, the LSAT has been anything but unflappable — it has not been the objective, standardized law school entrance exam it's supposed to be, say soon-to-be law student Elliot Fuchs and attorney Saul Bienenfeld.

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