International Trade

  • May 11, 2021

    Cayman Islands Court OKs Disclosure In $1.5B Award Fight

    A Cayman Islands appeals court has affirmed an order directing the principal holding company for Indian conglomerate Essar Group to disclose information and documents relating to the assets of an Essar unit that owes U.S. steel company ArcelorMittal more than $1.5 billion under a 2017 arbitral award.

  • May 11, 2021

    WTO Members Inch Closer To Fisheries Subsidies Deal

    The World Trade Organization is weighing a mechanism to provide flexibility for developing countries under a long-awaited agreement curbing illegal fisheries subsidies, according to draft text released Monday.

  • May 11, 2021

    COVID IP Waiver Still Has Doubters In Europe, Industry

    U.S. President Joe Biden's backing last week of a temporary waiver of intellectual property protections on COVID-19 vaccines reinforces the support the World Trade Organization proposal has received from more than 100 countries, but European leaders, some U.S. lawmakers and pharmaceutical companies remain wary.

  • May 11, 2021

    ITC Says Steel Strand Harms US Biz, Paving Way To Tariffs

    The U.S. International Trade Commission unanimously found that inexpensive concrete steel strand imported from seven countries was undermining U.S. producers, clearing the way Tuesday for anti-dumping duties of up to 155%.

  • May 10, 2021

    ITC To Probe TVs, Remotes By LG, Spectrum, Samsung

    The U.S. International Trade Commission has launched an investigation into the importation of certain televisions and remote controls on behalf of Roku Inc., the commission announced Monday, adding that the probe involves a long list of companies including LG Electronics, Spectrum and Samsung.

  • May 10, 2021

    Norwegian Must Fork Over Lobbying Docs In Cuban Dock Row

    A Florida federal magistrate judge on Monday ordered Norwegian Cruise Line Holdings Ltd. to produce its correspondences with the Cuban government and documents pertaining to its lobbying and political strategy, largely siding with a Cuban dock company in a stolen property trafficking suit.

  • May 10, 2021

    DOJ, SEC Probing Geothermal Co. Bribery Claims

    Federal investigators are investigating a short-seller's claims that geothermal company Ormat Technologies unethically courted power players in key markets around the world to secure favorable treatment and energy contracts.

  • May 10, 2021

    Jury Convicts Parts Buyer Of Violating Iran Trade Embargo

    A Texas federal jury has convicted an Iranian national on a slew of counts, including violating a trade embargo with Iran, for obtaining, or attempting to obtain, $2.6 million worth of parts that federal prosecutors have deemed "military sensitive," the U.S. Department of Justice announced.

  • May 10, 2021

    Biden Taps AFL-CIO Alum For International Labor Role

    The Biden administration announced Monday that it had tapped an economic policy expert with two decades of experience at the AFL-CIO to lead the U.S. Department of Labor's International Labor Affairs Bureau.

  • May 10, 2021

    Auto Industry Wants Help In Biden's $50B Semiconductor Plan

    Three leading U.S auto industry groups representing the major motor vehicle companies, workers and parts suppliers urged leaders in Congress on Friday to include a priority for the industry in a $50 billion proposal by President Joe Biden to strengthen domestic semiconductor production.

  • May 10, 2021

    Unions Test New Labor Rules In North American Trade Deal

    The AFL-CIO and two other unions alleged a slew of labor violations at Mexican auto-parts factories on Monday, pressing the Biden administration to use brand new enforcement tools in the U.S.-Mexico-Canada Agreement to remedy the situation.

  • May 07, 2021

    With US On Board, COVID IP Waiver Still Faces Long Road

    While the Biden administration has backed a temporary waiver on intellectual property protections for COVID-19 vaccines, experts now foresee heated World Trade Organization negotiations about the scope of any deal, which could keep the proposal in limbo for some time.

  • May 07, 2021

    Energy Trade Group Takes Aim At Mexican Law Amendments

    A trade group representing the U.S. energy industry has sounded the alarm on amendments to Mexico's electrical industry and hydrocarbon laws that allegedly discriminate against foreign investors, urging the Biden administration to ensure that Mexico lives up to its treaty obligations.

  • May 07, 2021

    CBP's 'Misleading' Statements Keep Broker Exam Suit Alive

    The U.S. Court of International Trade refused on Friday to toss a lawsuit from a Nebraska man challenging the failing grade on his customs broker exam, finding that "misleading" statements from the government caused the man to file his complaint late.

  • May 07, 2021

    Judge Won't Combine Chiquita Terror Suits Already In MDL

    A Florida federal judge declined Thursday to further consolidate six lawsuits already part of a multidistrict litigation accusing Chiquita Brands International of funding a right-wing Colombian paramilitary group.

  • May 07, 2021

    Fed. Circ. Backs Bracco Patent Losses At ITC, PTAB

    Bracco Diagnostics has failed to convince the Federal Circuit to undo losses it suffered at both the U.S. International Trade Commission and the Patent Trial and Appeal Board in patent disputes with Jubilant DraxImage.

  • May 07, 2021

    Latham Snags National Security Expert From V&E

    Latham & Watkins LLP snagged a Vinson & Elkins LLP partner with deep experience in cross-border investment issues, including national security reviews by the Committee on Foreign Investment in the U.S.

  • May 07, 2021

    Ericsson And Samsung Ink Licensing Deal, Ending Patent War

    Ericsson and Samsung on Friday agreed to bury the hatchet on all ongoing patent disputes between the companies, including a closely watched telecom war at the Federal Circuit over whether a Texas judge could bar the companies from litigating patents essential to the 4G and 5G wireless standards exclusively in China.

  • May 06, 2021

    Judge Temporarily Lifts Pentagon's CCMC Label On Tech Co.

    A D.C. federal judge has blocked the U.S. Department of Defense from designating a software firm as a "Communist Chinese military company," saying the DOD had taken too broad a view of what it means to be affiliated with the Chinese government.

  • May 06, 2021

    Microsoft Says It Will Let EU Customers Keep Data Inside Bloc

    Microsoft committed Thursday to allowing businesses and government entities that use its cloud services in the European Union to store all of their data locally, amid lingering uncertainties about how to legally transfer data outside the bloc. 

  • May 06, 2021

    Investment Firm Hits Colombian Trading Co. With $1.5B Suit

    A Washington-based investment firm has sued a Colombian international trading company for more than $1.5 billion based on allegations that the company broke a commission fee agreement for the firm to invest at least $7 billion by signing a secret investment deal with a third party.

  • May 06, 2021

    Trade Court Backs Denial Of Duties On Plastic Resin Imports

    Plastic resin imports from five countries escaped anti-dumping duties sought by domestic producers when a federal trade court backed the U.S. International Trade Commission's findings that a domestic supply shortage, and not low prices, caused the surge in imports.

  • May 06, 2021

    Online Taxes Hurt Small Digital Cos., Industry Rep Says

    Taxes on online revenue will hurt small and medium-size digital businesses, even if they're not directly affected, a representative of small technology companies said Thursday at hearings held by the U.S. Trade Representative's office.

  • May 06, 2021

    US Steel Tariff Tiff Belongs In Pa. State Court, Judge Told

    A lawsuit accusing the United States Steel Corporation of abusing the exceptions-and-objections process for tariffs on foreign steel belongs in Pennsylvania state court, the plaintiff told a federal judge Thursday, arguing there was no federal law governing the question of whether U.S. Steel lied to the Department of Commerce.

  • May 05, 2021

    Trump-Era Tariff Angst Hasn't Gone Away Under Biden

    The early days of the Biden administration have been relatively quiet on the trade front, but importers have nevertheless found themselves in the throes of a familiar battle: pleading with the government to hold off on tariffs in a heated trade dispute.

Expert Analysis

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

  • Gambit To Block Trump's Midnight Regulations Will Likely Fail

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    The advocacy group Public Citizen has suggested that many Trump administration regulations with an effective date prior to Jan. 20 are subject to President Joe Biden's freeze order because they were technically still pending when Biden took office — but this argument is unlikely to withstand judicial scrutiny, says Haynes and Boone's Joseph Matal, former acting director of the U.S. Patent and Trademark Office.

  • Sanctions Violations Case Is A Warning On Crypto Compliance

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    BitPay’s recent settlement with the Office of Foreign Asset Control, which found it accepted digital currency from individuals in sanctioned countries, shows the need for cryptocurrency companies to address deficiencies in their sanctions compliance programs by covering all relevant laws in all relevant countries, says Syedur Rahman at Rahman Ravelli.

  • 3 Areas Of FTC Online Marketing Enforcement To Watch

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    Under President Joe Biden, the Federal Trade Commission is sure to vigorously pursue enforcement actions against misleading advertising and marketing by online retailers — and recent cases concerning "made in USA" labeling, "organic" claims and social media influencers offer clear guidance for companies on the agency's priorities, say attorneys at Holland & Knight.

  • Opinion

    FTC Should Have Global Antitrust Regulatory Aspirations

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    A recent Federal Trade Commission report on its enforcement role suffers from a striking lack of ambition, when the agency should be pushing for legally binding global rules that bring coherence and order to international competition law, says Aurelien Portuese at the Information Technology and Innovation Foundation.

  • A Cue For Importers To Review Common Duty-Saving Methods

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    The U.S. Court of International Trade's recent decision in Meyer Corp. v. U.S., calling into question the valuation of Chinese-origin goods using the first sale rule, should prompt importers to reassess their customs valuation methodologies and supporting documentation for transactions with nonmarket economies, says Sara Schoenfeld at Kamerman Uncyk.

  • ITC Seems Unlikely To Stay Investigations For Parallel IPRs

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    The U.S. International Trade Commission's recent order denying Ocado's attempt to stay a dispute with AutoStore pending resolution of its inter partes review petitions signals that an ITC complainant's patents are effectively shielded from IPR challenges, at least under current Patent Trial and Appeal Board practice, say attorneys at Reichman Jorgensen.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • A Framework For Evaluating Willingness Of FRAND Licensees

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    As an increasing number of standard-essential patent cases turn on whether a manufacturer is willing to pay a fair, reasonable and nondiscriminatory royalty for SEPs, Jorge Contreras at the University of Utah identifies conduct that typically indicates willingness or unwillingness, as well as conduct that should be viewed as indeterminate.

  • Opinion

    US Should Create New 3-Pronged Approach To Cybersecurity

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    Although the Biden administration's recent provision of $10 billion for cybersecurity infrastructure funding in response to last year's SolarWinds hack is a good start, the U.S. should create a coordinated, multidisciplinary and systematic approach to cybersecurity reform that is proactive rather than reactive, says Rebecca Rakoski at XPAN Law Partners.

  • UK's Revised Merger-Review Definitions Will Ease Compliance

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    Recent changes narrowing high-risk sector definitions in the U.K.’s planned merger-review laws will make it easier to assess whether a merger or acquisition poses a national security threat that triggers mandatory notification, a critical change given the severe consequences of a failure to do so when required, say attorneys at Kirkland.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • What Companies Should Know About SIGPR Oversight

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    Brian Miller, the special inspector general for pandemic recovery, discusses what companies and attorneys can do to avoid CARES Act fraud, how his team approaches protecting taxpayer money, and some of the challenges and successes SIGPR faced building an agency from the ground up amid a pandemic.

  • Opinion

    Inconsistent COVID Travel Bans Are Hurting The US

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    The current criteria for exceptions to U.S. pandemic-related travel bans — established by the flurry of inconsistent guidance that's been issued, revised, rescinded and resurrected this past year — are irreconcilable, harming U.S. companies, workers and our economy, says Angelo Paparelli at Seyfarth Shaw.

  • Rogue High Court Citation May Spark Legal Writing Changes

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    Justice Clarence Thomas’ unexpected use of a new citation format in the U.S. Supreme Court’s recent Brownback v. King opinion is the most notable citation change in the court's writing in 25 years, and could inspire receptiveness for other innovations in legal writing and beyond, says Carrie Garrison at Porter Wright.

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