International Trade

  • May 28, 2020

    N. Korea's Secret Foreign Banks Laundered $2.5B, DOJ Says

    The U.S. Department of Justice accused 28 North Korean bankers of helping launder more than $2.5 billion out of the sanctioned country in a scheme that involved setting up secret branches of a state-owned bank in foreign countries, according to an indictment unsealed in D.C. federal court Thursday.

  • May 28, 2020

    Hong Kong Policy Shift Could Usher In Trade Firestorm

    The Trump administration's declaration that Hong Kong is no longer autonomous from China has opened the door for a wave of potential new trade and investment restrictions that could severely curtail American companies' ability to do business in the region.

  • May 28, 2020

    9th Circ. Bars Pipelines From Water Permit During Appeal

    New oil and gas pipeline projects can't use an expedited Clean Water Act permitting process while the federal government and Keystone XL pipeline developer appeal a judge's order barring the use of the permit, the Ninth Circuit said Thursday.

  • May 28, 2020

    Green Groups Take $10B LNG Project Fight To DC Circ.

    Several environmental groups want the D.C. Circuit to force the Federal Energy Regulatory Commission to reconsider approving a $10 billion liquefied natural gas export project in Oregon, after the state said the project wouldn't meet its environmental standards.

  • May 28, 2020

    Venezuelan Prez Question Made Priority In $1B Gold Dispute

    The English courts must determine who the U.K. government formally recognizes as president of Venezuela before hearing any bid for forcing the release of €930 million ($1 billion) of the country's gold from the Bank of England's vaults, a London judge ruled Thursday.

  • May 28, 2020

    Dems Press Pompeo For Info On Russian Ventilator Purchase

    Top House Democrats were alarmed Thursday by the possibility that the Trump administration skirted a sanctions order against a Russian company to obtain faulty ventilators from Moscow, demanding in a letter that Secretary of State Mike Pompeo turn over information on the purchase.

  • May 28, 2020

    Failed Trade Negotiations Cast Shadow On Global Tax Talks

    A failed multilateral trade deal and a yearslong dispute between the U.S. and the European Union over airline subsidies suggest current global negotiations on digital taxes could take years to achieve results.

  • May 27, 2020

    Request To Extradite Huawei Exec Clears Key Benchmark

    A Canadian court on Wednesday removed a key barrier for the potential extradition to the U.S. of Huawei top executive Meng Wanzhou to face charges in New York stemming from a purported scheme to deceive banks about Huawei's operations in Iran.

  • May 27, 2020

    Trade Court Keeps Solar Tariff Expansion Challenge Alive

    The U.S. Court of International Trade refused Wednesday to toss a lawsuit challenging the Trump administration's decision to place duties on double-sided solar panels that had previously been exempt, ruling that the government's recent move to issue a fresh determination on the exemption doesn't kill the case.

  • May 27, 2020

    3D-Printed Gun Firm Urges 9th Circ. To Revive Blueprint Deal

    An organization that develops blueprints for 3D-printed guns has urged the Ninth Circuit to reinstate a deal with the U.S. Department of State allowing it to publish the firearm schematics online, calling states' challenge to the agreement a move against its First Amendment rights.

  • May 27, 2020

    CIT Affirms Higher Dumping Margins On Korean Transformers

    The U.S. Court of International Trade affirmed significantly higher anti-dumping duties on Hyundai power transformers from South Korea after a U.S. manufacturer challenged the initial determination at 4.07% as too low.

  • May 27, 2020

    Hong Kong Not Autonomous From China, State Dept. Says

    The U.S. Department of State has found that Hong Kong is no longer autonomous from China and should not be treated as though it is, a decision that could have sweeping implications for U.S. trade and diplomacy in the region.

  • May 27, 2020

    Commerce Finalizes Duties Up To 122% On Chinese Staples

    The U.S. Department of Commerce has readied duties as high as 122% for Chinese companies selling industrial staples after finding that the producers were selling the products at unfairly low prices.

  • May 27, 2020

    Citgo Sues Vendor For Role In Venezuelan Bribe Scheme

    Citgo Petroleum Corp. has accused a Venezuelan-American businessman and his company of running a bribery scheme it says caused Citgo to overpay millions of dollars for transactions with its parent company, Petróleos de Venezuela SA.

  • May 26, 2020

    Feds Tell High Court Nestle Can't Be Held Liable For Slavery

    The Trump administration urged the U.S. Supreme Court on Tuesday to take up Nestle USA Inc.'s fight against claims it aided slavery on Ivory Coast cocoa farms, saying the high court should rule that domestic corporations can't be held liable under the Alien Tort Statute.

  • May 26, 2020

    9th Circ. Won't Revive Oakland's Coal Shipping Ban

    The Ninth Circuit ruled on Tuesday that Oakland, California, may not ban a cargo shipping terminal developer's proposed coal operations based on claims they would pose a substantial health or safety risk.

  • May 26, 2020

    Feds Ask High Court To Keep National Security Tariffs In Place

    The Trump administration urged U.S. Supreme Court justices on Tuesday to reject a petition from steel importers challenging the president's authority to impose tariffs for national security purposes, arguing that Congress didn't abuse its discretion by delegating that authority to the executive branch.

  • May 26, 2020

    OECD Chief Sees Unruly Result If Digital Tax Pact Fails

    The chief of the Organization for Economic Cooperation and Development warned that if it fails to broker a global agreement on taxing the digital economy, countries suddenly indebted by the COVID-19 pandemic will move unilaterally, potentially sparking trade wars.

  • May 26, 2020

    Feds Want Justices To Slam Brakes On Ford's Tariff Hike Suit

    The federal government urged the U.S. Supreme Court on Tuesday to turn away Ford Motor Co.'s challenge to the duty hike on its imported vans, saying that an appeals panel correctly found that the automaker brought in vehicles designed to carry cargo, not passengers.

  • May 26, 2020

    ITC Asks Justices To Send Comcast IP Spat Back To Fed. Circ.

    The International Trade Commission asked the U.S. Supreme Court on Tuesday to send a patent dispute involving Comcast set-top boxes back to the Federal Circuit to be reconsidered since the ITC's orders blocking the importation of the boxes have expired, making the case moot.

  • May 26, 2020

    EU Mulls Investor Dispute Process After Treaties Ruling

    The European Commission asked the bloc's citizens on Tuesday for suggestions on how it should protect cross-border investment within Europe after a historic court ruling declared that all intra-EU investment treaties violate the law.

  • May 26, 2020

    EU Approves Dutch Plan To Bolster Trade Credit Insurance

    The European Commission has signed off on plans by the Netherlands to guarantee trade credit insurance to offer protection against a wave of company insolvencies as COVID-19 lockdowns begin to ease.

  • May 26, 2020

    Lloyd's Wins Court Approval For Brexit Transfer Plan

    Lloyd's of London said Tuesday that the High Court has given the green light to plans setting out how it proposes to tell customers about its move to a new hub in Brussels — a step forward for the market as it seeks to continue operating in Europe after Britain leaves the bloc.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Tensions Rise As Commerce Blacklists Chinese Entities

    The U.S. Department of Commerce on Friday placed dozens of Chinese entities on a government blacklist, effectively barring them from U.S. exporters, with one group blacklisted for allegedly supporting human rights violations against Muslim minority groups and another batch singled out for shipping military components to the Chinese government.

Expert Analysis

  • An Update On CFIUS During The Pandemic

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    Despite the COVID-19 crisis, government efforts to address the national security considerations associated with foreign investment continue apace, and an interim fee rule from the Committee on Foreign Investment in the United States that took effect Friday represents a new factor in the CFIUS filing calculus, say attorneys at Skadden.

  • Pandemic May Prompt Legislative Action On Court Deadlines

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    The COVID-19 crisis shines light on the fact that the federal government and most states do not have the power to toll statutes of limitations, and could lead to a full-scale reconsideration of the Federal Judiciary Emergency Powers Tolling Act or other legislative efforts, say Reed Brodsky and Michael Nadler at Gibson Dunn.

  • Inside Commerce's Stringent New Export Controls

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    Three new rules this week from the U.S. Department of Commerce Bureau of Industry and Security, reflecting the Trump administration's focus on challenges to national security and American power, may have significant practical implications, particularly for companies transacting with China, Russia and Venezuela, say attorneys at WilmerHale.

  • Safeguarding Foreign Investments During A Pandemic

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    Investment agreements can protect foreign holdings when governmental measures in response to COVID-19 are overly restrictive, unnecessarily protracted or discriminatory, say attorneys at Ropes & Gray.

  • 5 Steps For Keeping Supply Chains Free Of Uighur Slavery

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    In light of a March report identifying 83 global brands suspected of supply chain links to forced labor of Uighurs — an ethnic minority long targeted by the Chinese government — companies should adopt certain procedures to identify red flags in their own supply chains, say Benjamin Britz and Rayhan Asat at Hughes Hubbard.

  • Series

    Judging A Book: Richardson Reviews 'Criminal Dissent'

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    In his important new book, "Criminal Dissent," Wendell Bird endeavors to catalog every single actual, or even threatened, prosecution under the Sedition Act and removal under the Alien Friends Act — a monumental undertaking — and the results are striking, says U.S. District Judge Eli Richardson of the Middle District of Tennessee.

  • More Multiforum Patent Cases Should Do Right By Mediation

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    The focus of mediation is usually on settling individual proceedings, but parties involved in multiforum patent infringement disputes can bring representatives from all fora into the room to get closer to resolving all pending matters, says James Amend at JAMS.

  • Tips For Minimizing Law Firm Liability During COVID-19

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    Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

  • Assessing Extraterritorial Reach Of DTSA After Ill. Decision

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    Companies may increasingly utilize the recent Illinois federal court holding in Motorola v. Hytera to seek civil remedies against foreign entities under the Defend Trade Secrets Act, exposing companies with even minimal contact with the U.S. to liability, say attorneys at Winston & Strawn.

  • Sanctions Compliance Tips For A Dynamic Global Landscape

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    Adopting an integrated data analytics approach, combined with traditional investigative methodologies, can help companies mitigate risk in a rapidly changing international sanctions and trade regulation environment, made all the more challenging by the COVID-19 pandemic, say Kenneth Feinstein, Robert Brunner and Daniel Castleman at Charles River Associates.

  • A Proposed Technology-Assisted Review Framework

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    Cases involving technology-assisted review often suffer from expensive arguments between parties over protocols and accuracy, but a new report card system that would allow litigants and courts to objectively assess a given document review methodology could mitigate those problems, say attorneys at Redgrave and Kirkland.

  • How Lawyers Can Find Equanimity In Crisis

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    Lawyers navigating the COVID-19 fallout may think they no longer have time for the “soft” aspects of their work — such as being an outlet for clients' stress — but maintaining equanimity and focusing on the human aspects of lawyering are key to weathering the crisis, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Find The Best Way To End Your Section 337 ITC Investigation

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    Considering the increasing number of complaints and potential threat of exclusion orders at the U.S. International Trade Commission, prudent companies should be aware of four methods used to terminate Section 337 investigations early — and the advantages and disadvantages associated with each of them, say Mareesa Frederick and Douglas Cheek at Finnegan.

  • Opinion

    Courts Should Look To 3 Bar Exam Alternatives During Crisis

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    While the pandemic delays bar exams, jurisdictions should adopt other ways to license new lawyers, as sticking to the status quo would abdicate our profession’s responsibility to meet the public’s legal needs, say law professors Deborah Jones Merritt, Marsha Griggs and Patricia Salkin.

  • The Road Back To Business As Usual: 12 Steps For Cos.

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    It is not too early for in-house counsel, compliance personnel and senior management to start planning for the end of the pandemic, and lessons from previous crises can guide management of the various enforcement and litigation risks in the new normal, say attorneys at White & Case.

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