International Trade

  • May 05, 2021

    Nix Trade Deals' Section 230 Language, Reps Urge USTR

    The U.S. government should not include liability shields for online content in international trade deals while Congress is working to overhaul websites' legal protections, two lawmakers overseeing telecom issues say.

  • May 05, 2021

    Judge Likens Cos. In Tariff Probe To Shady 'Fargo' Salesman

    Two Vietnamese exporters can't escape tariffs on South Korean steel after the U.S. Court of International Trade compared the inadequate data the companies provided for a duty evasion probe to a car salesman's lack of compliance with a murder investigation in the hit film "Fargo."

  • May 05, 2021

    GOP Rep Urges Biden To Bolster Controls On Emerging Tech

    The leading Republican on the House Foreign Affairs Committee called on the Biden administration to shore up restrictions on emerging technology by nominating someone with "real national security experience" to oversee export curbs, particularly when it comes to trade with China. 

  • May 05, 2021

    Biden Administration Backs IP Waiver On COVID-19 Vaccines

    The Biden administration announced Wednesday that it supports a temporary waiver on intellectual property protections on COVID-19 vaccines, a significant boost to an effort led by India and South Africa that proponents say is needed to make the vaccines more widely available.

  • May 04, 2021

    Ex-AT&T Workers Get Second Stab At Foreign Trade Benefits

    The U.S. Department of Labor must reconsider a decision denying former AT&T employees access to a program for American workers replaced by foreign labor, after the U.S. Court of International Trade found Tuesday that the department had failed to consider evidence of outsourcing.

  • May 04, 2021

    Tai Sees North American Trade Deal As Base For New Policies

    U.S. Trade Representative Katherine Tai touted the U.S.-Mexico-Canada Agreement's strengthened labor and environmental rules on Tuesday, but said that the deal should serve as a starting point for future accords to address shortfalls.

  • May 04, 2021

    Honeywell Pays $13M Fine Over F-35 Data Transfers To China

    Defense firm Honeywell agreed to a $13 million fine to resolve claims that it illegally exported technical data for the F-35 joint strike fighter and other military systems to China, according to the U.S. Department of State.

  • May 04, 2021

    EU Opposes UK Bid To Join Treaty To Enforce Judgments

    The European Union's executive branch on Tuesday urged the bloc's countries to bar Britain from joining an international legal cooperation agreement, raising the likelihood that U.K. court decisions will face enforcement hurdles across the Channel.  

  • May 04, 2021

    WTO Boss Taps Heavy Trade Hitters For Deputy Slots

    World Trade Organization Director-General Ngozi Okonjo-Iweala on Tuesday announced the appointment of four trade experts, including a veteran Capitol Hill adviser and a high-ranking Chinese official, to serve as her deputies in Geneva.

  • May 03, 2021

    ITC Sees Alternative Legal Services Outstripping Law Firms

    A new International Trade Commission report found that alternative legal service providers, which include legal process outsourcing firms and the Big Four accounting firms, have outpaced the growth of traditional law firms in recent years.

  • May 03, 2021

    Feds Stand By 1MDB Link In $330M PetroSaudi Forfeiture Suit

    U.S. prosecutors urged a California federal judge not to dismiss the Department of Justice's $330 million forfeiture suit against PetroSaudi, arguing Friday that the DOJ has successfully connected the arbitral award to the 1MDB scandal.

  • May 03, 2021

    Trade Court Shoots Down Duties On Chinese Ribbons

    The U.S. Court of International Trade has ordered the government to recalculate duties to a Chinese ribbon producer, questioning whether the company actually received government subsidies to earn a leg up in the U.S. market.

  • May 03, 2021

    New Tariffs Get Chilly Reception In Digital Tax Fight

    Importer groups implored the Biden administration on Monday to abandon a fleet of proposed tariffs on apparel, footwear, beauty products and other consumer goods in response to digital services taxes imposed by other countries, pushing instead for a negotiated resolution.

  • May 03, 2021

    5th Circ. Says No Jurisdiction Yet In Navy-NYK Ship Crash

    The Fifth Circuit has denied a bid seeking jurisdiction over a $287 million suit over a collision between a Japanese ship and a U.S. Navy destroyer, saying that despite the persuasiveness of the plaintiffs' case, the panel is constrained to find the Japanese shipping company can't be sued in the U.S. based on in-circuit precedent.

  • April 30, 2021

    COVID IP Waiver Plan At WTO Being Revised Amid 'Optimism'

    A proposal to waive intellectual property rights for COVID-19 vaccines and treatments left a World Trade Organization IP panel deadlocked again Friday, but proponents said they will revise the plan to find common ground, which the committee's chairman said was cause for "careful optimism."

  • April 30, 2021

    Dem Sens. Propose Arms Sale Ban For War Crimes, Genocide

    A group of Democratic senators introduced a bill Thursday that would block weapon sales from the United States to nations engaged in genocide and war crimes, while requiring the return of any U.S. weapons used by foreign countries to violate international humanitarian law.

  • April 30, 2021

    Fed. Circ. Won't Lower Mexican Wire Rod Duties

    The Federal Circuit upheld a 40.52% anti-dumping duty on a Mexican steel wire producer Friday, finding that the U.S. Department of Commerce was correct to set a higher rate after the company failed to cooperate with the agency's investigation.

  • April 30, 2021

    Ex-DOJ Bribery Chief To Join WilmerHale's White Collar Group

    WilmerHale has tapped the former chief of the U.S. Department of Justice's Foreign Corrupt Practices Act unit to join its white collar defense and investigations group, the firm announced Friday.

  • April 30, 2021

    US Embassy In Russia Slashes Services After Hiring Ban

    The U.S. Embassy in Moscow slashed its consular services for emergency U.S. citizen requests on Friday to comply with a recently signed Russian decree restricting the hiring activities of "unfriendly nations."

  • April 30, 2021

    Commerce Must Calculate New Rates On Chinese Flooring

    The government must recalculate dumping margins for a Chinese wood flooring supplier or explain why it assigned the company preset China-wide rates, despite selecting it as a mandatory respondent in a trade investigation, the U.S. Court of International Trade ruled.

  • April 30, 2021

    US Presses China To Make IP Enforcement Changes Stick

    The Biden administration on Friday welcomed a number of China's recent legal and administrative reforms aimed at improving the protection of foreign intellectual property, but stressed that Beijing must commit to enforcing its new rules.

  • April 30, 2021

    Apple Hit With EU Antitrust Complaint Over App Store Rules

    The European Union's antitrust watchdog accused Apple on Friday of abusing its dominance by requiring developers of rival music streaming apps to use the tech giant's tool for making purchases within the programs, leading to higher prices for consumers.

  • April 29, 2021

    Forklift Co. Joins Tariff Fight As Court Pauses New Cases

    A forklift parts importer sued the government over tariffs on $300 billion worth of Chinese goods, joining more than 3,700 other companies challenging the levies on the same day the U.S. Court of International Trade ordered a stay on new complaints.

  • April 29, 2021

    MoneyGram Settles With OFAC For 'Blocked List' Transactions

    Money transfer company MoneyGram has reached a $34,000 settlement deal with the Office of Foreign Assets Control over 359 "apparent violations" of U.S. sanctions programs, OFAC said Thursday.

  • April 29, 2021

    SAP Admits To Illegal Iran Exports In $8M Deal With Feds

    German software company SAP SE will pay more than $8 million in penalties for illegally exporting its U.S.-made software products to users in Iran, the U.S. Department of Justice said Thursday.

Expert Analysis

  • The Case For Diversity In Internal Investigation Teams

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    Teams that represent differing backgrounds can uniquely strengthen internal investigation processes with more thorough deliberation, better interviewee trust-building and more effective problem-solving, so law firms and clients alike must avoid the natural impulse to select homogenous groups, say Karin Portlock and Jabari Julien at Gibson Dunn.

  • Key Insights From DOJ's 2020 Fraud Enforcement

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    A look at 2020 U.S. Department of Justice Fraud Section efforts reveals a nearly threefold increase in monetary penalties, evidence of rising cooperation among international enforcement agencies, and vigorous pursuit of white collar crime despite the absence of newly installed independent compliance monitors, say Andrew Weissmann and Tali Leinwand at Jenner & Block.

  • Opinion

    US Should Learn From German Courts Balancing SEP Rights

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    The German high court's recent decision in Sisvel v. Haier set a productive tone in balancing the rights of patentees and implementers in standard-essential patent disputes, and its understanding of negotiation realities should be followed by the U.S., say Cravath's David Kappos, former U.S. Patent and Trademark Office director, and Daniel Etcovitch.

  • 5 Ways Outside Counsel Can Impress Their Clients

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    Attorneys can build lasting relationships with corporate clients by thinking of in-house counsel as project partners, adhering to a few basic communication principles and thinking beyond legal advice, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

  • Overlooked PTAB Cases: Raising Nonobviousness Evidence

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    Recent and potentially overlooked Patent Trial and Appeal Board decisions reveal when a petitioner must address objective evidence of an invention's nonobviousness in a petition for inter partes review and when a patent owner should raise the evidence in a preliminary response, say attorneys at Akin Gump.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • How Cos. Can Combat Knockoffs At And Beyond ITC This Year

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    To tackle knockoffs, the $500 billion criminal enterprise that economists predict will double by 2022 due to exponentially rising e-commerce and the pandemic's effects, brand-protective companies should deploy U.S. International Trade Commission remedies and a variety of alternatives, say Josh Pond and Preetha Chakrabarti at Crowell & Moring.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Mitigate Key FCPA Risks With Tailor-Made Compliance

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    Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Takeaways From DOJ Fraud Section's Pandemic Year

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    The U.S. Department of Justice's Criminal Division report on the Fraud Section's accomplishments in 2020 reveals impressive enforcement productivity, despite pandemic-related limitations, and we should expect to see a significant increase in prosecution later this year, say Kevin Muhlendorf and Holly Wilson at Wiley.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

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