International Trade

  • May 25, 2022

    Salmon Buyers Hook $85M Price-Fixing Deal

    A proposed class of direct purchasers of salmon asked a Florida federal judge Wednesday to grant preliminary approval of an $85 million settlement they reached with Norwegian salmon-farming companies in a price-fixing complaint, saying the deal for the estimated 800 settlement class members represents an "outstanding" result.

  • May 25, 2022

    FDA Found 'Egregious' Conditions At Abbott Baby Food Plant

    A U.S. Food and Drug Administration inspection of a shuttered Abbott baby formula plant linked to a national shortage and bacterial contamination that sickened babies revealed "shocking" safety lapses, the head of the agency told lawmakers on Wednesday.

  • May 25, 2022

    Fed. Circ. Gives Hyundai Chance To Fix Issues In Duty Probe

    The U.S. Department of Commerce must redetermine anti-dumping duties applied to Hyundai imports because the agency wrongly refused the car manufacturer's request to provide additional information during an investigation into large power transformers imported from South Korea, the Federal Circuit has ruled.

  • May 25, 2022

    US Launches 2nd Trade Pact Case Over Canada's Dairy Rules

    Canada has yet to ease its grip on dairy imports despite a panel convened under the U.S.-Mexico-Canada Agreement criticizing its curbs on U.S. products, the U.S. said Wednesday in its second complaint under the North American trade pact.

  • May 25, 2022

    Groups Sue To Stop Army Corps' Texas Dredging Project

    A coalition of environmental groups asked a D.C. federal judge on Wednesday to prevent the U.S. Army Corps of Engineers from acting on its plan to dredge the Matagorda Bay shipping channel in Texas, arguing that changed circumstances require the agency to reevaluate the project's environmental impact.

  • May 25, 2022

    Pfizer To Sell Low-Cost COVID Vaccine, Drugs To Poor Nations

    Vaccine-maker Pfizer said it will be making its COVID-19 vaccine and other patented medicines available to a host of lower-income countries at not-for-profit prices, a move that comes as international trade officials continue to debate a waiver of some patent rights related to COVID-19 vaccines.

  • May 25, 2022

    Ex-CBP Director Joins Venable As Trade Adviser In DC

    Venable LLP has added an expert on international trade relations, who served in several leadership roles with the U.S. Customs and Border Protection, to its Washington, D.C., office, the firm announced Tuesday.

  • May 25, 2022

    EU Plans New Powers For Seizing Russian Oligarch Assets

    The European Commission said Wednesday that it wants violations of sanctions to become a standardized crime across the bloc, as it rolled out new proposals to strengthen asset recovery and enforcement rules following Russia's invasion of Ukraine.

  • May 25, 2022

    USTR's China Tariff Review Won't Foreclose Other Tweaks

    The Office of the U.S. Trade Representative's top attorney said Tuesday that the agency's review of Trump-era tariffs on Chinese goods is likely to take "months," but won't foreclose its ability to issue new exclusions from the levies or make other changes.

  • May 25, 2022

    Chelsea FC Gets UK Gov't OK For £4.25B Sale To US Group

    The British government has approved a buyout offer of £4.25 billion ($5.3 billion) for Chelsea Football Club from a U.S. private equity-backed consortium financier, putting the soccer club on firm legal ground after its Russian oligarch owner was sanctioned.

  • May 25, 2022

    Duma Chair Says Russia Will Pay All Gov't Debt In Rubles

    The head of Russia's Parliament said on Wednesday that the Kremlin will make all external government debt payments in rubles after the U.S. Treasury allowed one of its key sanction exemption licenses to lapse.

  • May 24, 2022

    New EU-US Data Transfer Pact On Path To Fail, Schrems Says

    Austrian privacy activist and lawyer Max Schrems, who spearheaded the legal challenges that led to the demise of a pair of vital transatlantic data transfer mechanisms, has cautioned European Union and U.S. policymakers that their proposed replacement framework was unlikely to fare any better unless "substantive" changes are made. 

  • May 24, 2022

    Judge Hughes Says Firms Are Letting Diverse Ex-Clerks Down

    U.S. Circuit Judge Todd M. Hughes on Tuesday expressed his frustration that the Federal Circuit tends to hire a good number of law clerks from underrepresented groups, but that he rarely sees former clerks being chosen by a firm to argue appeals.

  • May 24, 2022

    2nd Circ. Case's Relevance Disputed In $1.4B Award Fight

    Luxembourg-based steelmaker ArcelorMittal on Monday rebutted arguments by Essar Group that a recent Second Circuit decision sending a dispute over a canceled $1.1 billion power plant project to Angola supports the Indian conglomerate's bid to toss litigation filed by the steelmaker to enforce a $1.4 billion arbitral award.

  • May 24, 2022

    Treasury Lawyer Urges Caution On New Investment Reviews

    A U.S. Treasury Department lawyer pressed lawmakers Tuesday to look carefully at the implications of pending legislation to block outbound investments over security concerns, nodding to concerns from the business community about the proposal's potential chilling effects.

  • May 24, 2022

    Judge Says CBP Missed Full Picture In Shrimp Duty Probe

    The U.S. Court of International Trade ordered Customs and Border Protection to revisit its finding that Indian shrimp producers did not route their exports through Vietnam to avoid anti-dumping duties, saying the finding was based on an incomplete record.

  • May 24, 2022

    Feds Charge 19 In $6M Drug Money Laundering Scheme

    Boston federal prosecutors said Tuesday they had charged 19 people from Florida, Colombia and Jamaica with orchestrating a sophisticated conspiracy that laundered more than $6 million in drug trafficking proceeds from Colombian cartels through the U.S. banking system.

  • May 24, 2022

    Cannabis Company Takes CIT Fight To Federal Circuit

    A cannabis extraction company will take its fight challenging the U.S. Customs and Border Protection's seizure of imports deemed to be drug paraphernalia to the Federal Circuit.

  • May 24, 2022

    Sanctions Force Sberbank To Make Bond Payments In Rubles

    Russia's largest financial institution said on Tuesday that it has made payments in rubles on two foreign currency bonds after its hand was forced by sanctions imposed by the U.K. and U.S. because of the country's invasion of Ukraine.

  • May 24, 2022

    Glencore Admits Bribery, Manipulation In Global Settlement

    Mining giant Glencore will pay more than $1.1 billion in criminal and civil penalties after pleading guilty to U.S. bribery and market manipulation charges Tuesday and said it will soon also admit to foreign corruption charges in the U.K.

  • May 23, 2022

    China Labor Crackdown Could Be Solar Power Pain Point

    The U.S. solar industry is girding itself to comply with a sweeping new law cracking down on imported goods made with forced labor from China's Xinjiang region, a measure that could sharply limit access to a key global hub for the raw materials of solar projects.

  • May 23, 2022

    CIT Winnows Retailer's Bid For Cheaper Import Duties

    The U.S. Court of International Trade took a large bite out of a Minnesota retailer's attempt at obtaining a cheaper valuation of its U.S. imports by having Chinese-made Christmas decorations sent to Canada first, ruling that the company relied on outdated case law to support its argument.

  • May 23, 2022

    Iancu Knocks Biden Admin.'s SEP Injunction Policy

    Former U.S. Patent and Trademark Office Director Andrei Iancu on Monday added to a chorus of criticism and heated reactions to a Biden administration draft policy statement that would limit injunctions in cases involving standard-essential patents, calling it part of a "systematic attack" on the U.S. patent system.

  • May 23, 2022

    US Opens New Trade Forum As Questions Swirl Over Scope

    After a year-and-a-half of calls to launch new trade talks, the Biden administration began laying the groundwork for a deal in the Indo-Pacific Monday, but the arrangement's nebulous structure has already generated debate about its scope and viability.

  • May 23, 2022

    Judge Recommends Tossing Suit Over Cuban Airport Use

    A Miami man accusing American Airlines of benefiting from an airport allegedly stolen from his family by the Cuban government was not a U.S. national when he acquired the airport, a Florida federal magistrate judge said in recommending the lawsuit's dismissal.

Expert Analysis

  • Rebuttal

    Remote Hearings Are Ill-Suited Default For Litigation Realities

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    A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, says Mark​ Eisen at Benesch Friedlander.

  • Perspectives

    ABA's New Anti-Bias Curriculum Rule Is Insufficient

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    The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

  • IFIT Ruling May Give Future IP Damages Litigants A Workout

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    The recent Delaware federal case, iFIT v. Peloton, holding that litigation-related conduct may provide a basis for enhanced patent damages even absent willful infringement, has the potential to present challenges for both plaintiffs and defendants if adopted by other courts, says Robert Sloss at Procopio Cory.

  • 5 Advertising Enforcement Trends To Watch

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    As the Federal Trade Commission and state regulators step up consumer protection enforcement related to advertising and marketing, savvy companies should pay especially close attention to compliance around key issues including automatic subscription renewals, reviews and endorsements, U.S. origin claims, and green washing, say Amanda Beane and Jason Howell at Perkins Coie.

  • Opinion

    Remote Hearings Should Be The Default In Civil Litigation

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    The Federal Rules of Civil Procedure impose an affirmative duty on courts to eliminate undue cost, so remote hearings should be the default in civil litigation even after the pandemic, while in-person hearings must justify their existence, says Joshua Sohn at the U.S. Department of Justice.

  • Reviewing Risk Factor Disclosures Amid Russian Sanctions

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    As many countries impose sweeping sanctions on Russia over its invasion of Ukraine, public companies should assess their disclosures for compliance with U.S. Securities and Exchange Commission requirements, ensuring they appropriately address developing risk factors that could affect their business, say attorneys at Morgan Lewis.

  • Stats Show Lack Of Risk In ITC's Domestic Industry Approach

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    Statistical analysis of recent U.S. International Trade Commission decisions reveals that — contrary to popular opinion — there is no growing risk that complainants will be unable to meet the domestic industry requirement in unfair import investigations or that the commission is becoming more stringent, say Michael Renaud and Jonathan Engler at Mintz.

  • Attorneys Today Need To Depose Like There's No Tomorrow

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    With people leaving the workforce in droves amid the “Great Resignation” and with younger workers less inclined to stay in one place for long, attorneys need to adjust their deposition strategies to minimize risks of losing crucial witnesses who may move on from a client or opponent company before a case goes to trial, say Anthony Argiropoulos and Maximilian Cadmus at Epstein Becker.

  • Opinion

    US Should Revoke Its Russia Trade Pact To Fix WTO

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    Following Russia's invasion of Ukraine, the U.S. should revoke its permanent normal trade relationship with Russia as a good first step in repairing World Trade Organization functionality, which is undermined by WTO member nations that reject democratic ideals, says Robert DeFrancesco at Wiley.

  • How Attorneys Can Ethically Terminate A Client Relationship

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    As illustrated by Dentons’ recent request to withdraw from its representation of a casino mogul in Bartlit Beck v. Okada, terminating client relationships prematurely can be tricky and met with skepticism in the courts, but following certain best practices can make the process a little less painful for everyone involved, says Trisha Rich at Holland & Knight.

  • China's Strict Scrutiny Of Semiconductor Deals May Intensify

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    Chinese scrutiny of competition in its economically crucial semiconductor industry can be more stringent than that of the EU and U.S., a trend that is expected to continue and even intensify, and recent remedy cases offer some key insights for companies currently under merger review, say attorneys at Tian Yuan.

  • Navigating EU Sanctions Blocking After Bank Melli V. Telekom

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    The European Union Court of Justice’s Bank Melli v. Telekom decision portends more stringent enforcement of the EU sanctions blocking statute as the Office of Foreign Assets Control expands its extraterritorial reach — so companies with both U.S. and EU nexus should make sure they understand their conflicting obligations, says Kevin Gaunt at Hunton.

  • The Key To Turning Solid Briefs Into Winning Briefs

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    Even a well-written brief can omit key facts, make tone-deaf legal arguments or ignore practical implications, so lawyers drafting motions and appeals should incorporate feedback processes akin to moot courts and jury research, says Andrew Nichols at Charis Lex.

  • Steps For Universities As DOJ Shifts Foreign Influence Policy

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    Notwithstanding Wednesday's U.S. Department of Justice announcement terminating the initiative targeting Chinese influence and raising the bar for criminal prosecutions, universities should ensure their compliance controls meet new disclosure standards and that they can efficiently respond to inquiries about employees' foreign connections, say attorneys at Covington.

  • Walter Dellinger's Little-Known, Outsize Impact On Legal Aid

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    The late Walter Dellinger’s pro bono work distinguishes him forever, but his greatest moment involved a little-known U.S. Supreme Court case, Brown v. Legal Foundation of Washington, which helped preserve one of the largest sources of legal aid funding — and Dellinger’s arguments were as magical as the program he helped save, says David Lash at O'Melveny.

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