International Trade

  • May 22, 2020

    Commerce Wants Feedback On Derided Duty Exclusion Rules

    The U.S. Department of Commerce on Friday called for feedback on its process for excluding businesses from steep national security tariffs on steel and aluminum, a procedure that lawmakers and the business community have derided as slanted toward domestic producers.

  • May 22, 2020

    US Sets Dumping Duties Up To 293% On Steel Fitting Imports

    The U.S. Department of Commerce placed early duties as high as 293.4% on steel fittings from India and South Korea, finding that the products are being sold at unfairly low prices in the U.S., according to a Thursday statement.

  • May 22, 2020

    Justices Told Not To Hear Doctrine Of Equivalents Challenge

    The U.S. International Trade Commission and Japanese food conglomerate Ajinomoto are urging the U.S. Supreme Court to keep a Federal Circuit rule on when patent infringement can be found under the doctrine of equivalents, the latest two to weigh in on the closely watched issue.

  • May 22, 2020

    Coronavirus Q&A: Skadden's National Security Head

    In this installment of Coronavirus Q&A, Skadden's top national security lawyer discusses the pandemic's profound effect on regulatory processes for domestic and international deals, including issues related to the Committee on Foreign Investment in the United States.

  • May 21, 2020

    White House Outlines Plan To Make China Feel The Heat

    The U.S.-China relationship is due for "greater bilateral friction" under the White House's new strategy toward Beijing, with the Trump administration promising to aggressively square off against China on issues of trade, defense and broader economic policy.

  • May 21, 2020

    FERC Divide Sharpens Over Gas Project Approvals

    The Federal Energy Regulatory Commission on Thursday advanced a pair of liquefied natural gas projects, although the agency's sole Democratic commissioner accused his colleagues of blindly approving projects despite concerns about the COVID-19 pandemic and slumping LNG demand.

  • May 21, 2020

    Conservation Group Seeks To Protect Endangered Dolphins

    A marine wildlife conservation nonprofit has sued a group of U.S. government agencies, claiming they illegally refused to ban imports from New Zealand fisheries that use gear proven to be harmful to an endangered dolphin population.

  • May 21, 2020

    Chinese Tire Co. Says Commerce Erred On Duty Rate

    A Chinese tire manufacturer on Thursday alleged that the U.S. Department of Commerce wrongly concluded in a review of countervailing duties on its products that the company benefited from subsidies provided by the government of China.

  • May 21, 2020

    Green Groups Tell 9th Circ. Feds Flubbed Water Permit Policy

    Environmental groups have asked the Ninth Circuit not to put on hold a Montana federal judge's decision to void a common nationwide water permit for use with new oil and gas pipeline construction, saying the fault lies with the federal government for ignoring its potential impact on protected species.

  • May 21, 2020

    Competing Venezuelan Gold Claims Slow €930M BoE Dispute

    A London judge ruled Thursday that it was too soon to grant Venezuela's central bank a fast trial over the release of €930 million ($1 billion) worth of gold from the Bank of England because of competing claims to the country's presidency and money.

  • May 20, 2020

    Senate Passes Bill To Boot Chinese Cos. From US Exchanges

    The U.S. Senate unanimously passed a bill Wednesday that would tighten requirements for foreign companies hoping to sell shares in America and, as its sponsor put it, "kick deceitful Chinese companies off U.S. exchanges."

  • May 20, 2020

    US Floats Change To CFIUS Disclosures For Some Tech Deals

    The U.S. Department of the Treasury said Wednesday it's seeking to revise part of the rule for when foreign companies would have to disclose transactions into U.S. businesses that make critical technologies.

  • May 20, 2020

    Watchdog Probes Threatened In Face Of Firings

    President Donald Trump's recent firings of inspectors general won't directly stop any investigations by their offices, but may have a chilling effect on watchdogs' most contentious work down the line.

  • May 20, 2020

    Colombians In Chiquita Terror-Funding MDL Want Anonymity

    Colombian plaintiffs suing Chiquita Brands International over violent killings allegedly perpetrated by paramilitary soldiers funded by the banana distributor told the Eleventh Circuit on Wednesday that they need their anonymity because they are at risk of retaliatory violence in Colombia.

  • May 20, 2020

    WTO Forecasts Virus-Fueled Plunge In Global Trade

    Global merchandise trade hit a record low by the World Trade Organization's measure, with the trade body forecasting Wednesday that growth will continue to slip as the pandemic lives on.

  • May 20, 2020

    5th Circ. Axes 'Fruitless' Appeal Of Chinese Drywall Settlement

    The Fifth Circuit on Wednesday denied a homeowner's "fruitless" appeal of his $300,000 damages award from a class settlement agreement in litigation over defective Chinese-manufactured drywall, finding the settlement agreement was final and barred appeals.

  • May 20, 2020

    Commerce Tags 4 Countries With Initial Duties On Steel Parts

    The U.S. Department of Commerce placed early duties on steel parts from China, Germany, India and Italy, finding that the products are being unfairly subsidized by the countries' governments, according to a Wednesday announcement.

  • May 19, 2020

    US Rebukes Patent, Abortion Language In WHO Resolution

    The U.S. on Tuesday joined a World Health Organization resolution calling for an investigation into the global response to the COVID-19 pandemic, but disassociated itself from language about reproductive health rights and allowing poor countries to ignore patents.

  • May 19, 2020

    Whirlpool Can't Revive Faegre Drinker Malpractice Suit

    An Illinois state appellate court Tuesday affirmed a jury verdict nixing Whirlpool Corp.'s legal malpractice suit, which claimed a Drinker Biddle & Reath international trade partner failed to steer the company clear of hefty anti-dumping duties on Chinese parts imported for its appliances.

  • May 19, 2020

    Trade Court OKs Hyundai's Injunction Bid Over Transformers

    The U.S. Court of International Trade on Tuesday granted Hyundai Electric & Energy Systems Co.'s bid to temporarily block the U.S. government from liquidating entries of large power transformers from South Korea while the company challenges the dumping margin it was assigned by the government.

  • May 19, 2020

    Hobby Lobby Sues Christie's Over Seized Gilgamesh Tablet

    Retailer Hobby Lobby on Tuesday sued Christie's auction house for fraud after government agents seized an ancient artifact the arts-and-crafts chain bought for a museum and said the "Gilgamesh Dream Tablet" was stolen from Iraq.

  • May 19, 2020

    DirecTV Goes Dark In Venezuela As AT&T Torn Over Sanctions

    AT&T pulled satellite service DirecTV from the Venezuelan market without prior notice Tuesday to get out from under the dilemma of being required to carry channels mandated by the socialist regime of Nicolás Maduro while also complying with U.S. sanctions against Maduro's government.

  • May 19, 2020

    Brazil Looks To Access $1.7T Worth Of Public Contracts

    Brazil announced its intent to enter the World Trade Organization's Government Procurement Agreement, making it the first South American country to seek access to the $1.7 trillion worth of public contracting opportunities annually available to members.

  • May 19, 2020

    CIT Clears Wirtgen Imports Over CBP's Patent Objections

    U.S. Customs and Border Protection can't bar Wirtgen from bringing in road-milling machines that were redesigned to avoid an infringement-based import ban, the U.S. Court of International Trade has ruled.

  • May 19, 2020

    UK Reveals 'Global Tariff' Plan To Replace EU Duty Structure

    The U.K. government on Tuesday unveiled a new global tariff schedule set to replace its existing, pre-Brexit duty regime, shielding certain sensitive U.K. industries such as agriculture and fishing while slashing duties in other areas.

Expert Analysis

  • Are Litigation Funding Documents Protected From Discovery?

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    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • How COVID-19 Might Uproot Centuries Of Litigation Traditions

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    Litigation has historically been an in-person activity, but the COVID-19 crisis might bring a long-lasting shift toward adoption of technologies that allow discovery and other litigation activities to proceed in a manner that preserves social distancing, say Elisabeth Ross and Christopher Hennessy at Cozen O’Connor.

  • Unpacking GSA's Waiver Of Medical Supply Trade Restrictions

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    While a recent U.S. General Services Administration notice temporarily waives certain trade restrictions on medical supplies and personal protective equipment, federal supply schedule contractors should be cautious when adding scarce products to their agreements, say Holly Roth and Elizabeth Leavy at Reed Smith.

  • ​​​​​​​CFIUS' Real Estate Reference Tool Comes With Limitations

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    The Committee on Foreign Investment in the United States’ recently released geographic reference tool for determining whether foreign transactions are subject to new real estate regulations suffers from several shortcomings, including its role as a guideline only, its over- and under-inclusivity in certain areas, and disregard for exceptions, say attorneys at Ropes & Gray.

  • Consider Legal Ramifications Before Recording Video Calls

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    Given the ease with which videoconference participants can unwittingly risk civil and criminal liability by unlawfully recording calls, attorneys should be mindful of — and clients may appreciate prospective advice on — state consent laws and the various meeting platforms' consent features, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

  • Unpacking FEMA's Efforts To Secure Needed Medical Supplies

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    While suppliers and distributors may want to take advantage of opportunities created by the government’s efforts to fast-track procurement of medical and personal protective equipment, they should also be mindful of newly imposed export restrictions, say attorneys at McCarter & English.

  • 3 Tips For Deposing Difficult Witnesses Remotely

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    Taking a deposition of an uncooperative witness is one task made immeasurably more difficult during the current pandemic, and certain deposition styles that may be extremely forceful in person may have limited effectiveness over videoconference, says Qian Julie Wang at Robins Kaplan.

  • Opinion

    IP Policy Must Focus On COVID-19 Cure, Not Special Interests

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    Assessing several intellectual property provisions in international and domestic bills related to COVID-19, it is disappointing to see different sectors of the IP community express long-held positions irrespective of current conditions, rather than support for innovative company efforts to find a cure, says Robert Stoll at Faegre Drinker.

  • How The Pandemic Will Affect Global Aluminum Trade Probe

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    The COVID-19 crisis has created some unique administrative hurdles for the U.S. International Trade Commission and U.S. Department of Commerce's investigation into potentially unfair practices in the aluminum trade involving 18 countries, says Mark Ludwikowski at Clark Hill.

  • Opinion

    New Jersey's Plan For 2020 Law Grads Is Brilliant

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    The New Jersey Supreme Court's much-needed order allowing this year's law school graduates to practice prior to being admitted should be adopted in New York — and developed further even after the pandemic ceases, says attorney Dmitriy Shakhnevich.

  • The Humanitarian Aid Allowed Under US Sanctions Regime

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    Significant opportunity exists, even under sweeping U.S. sanctions programs currently in force, for companies, nonprofits and others to provide humanitarian support to Iran and other sanctioned countries heavily impacted by the pandemic, say Mario Mancuso and Anthony Rapa at Kirkland.

  • Managing E-Discovery Providers In Times Of Crisis

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    Retention of e-discovery providers usually involves considerable time and several layers of approval, but practicalities during the current emergency have proven that law firms must have the acuity to make smart but quick game-time decisions, says Shannon Capone Kirk at Ropes & Gray.

  • Witness Preparation Tips For Your Next Video Deposition

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    Just like in a normal deposition, remind your witness that testimony provided via videoconference may be used in a courtroom, so they must be mindful of everything they say or don’t say, the space they are in, and their attire, say Adam Bloomberg and Merrie Jo Pitera at Litigation Insights.

  • Rebuttal

    In Defense Of Virtual Mediation

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    A recent Law360 guest article highlighted reluctance among some in the legal community to embrace video mediation, but when assessing the concerns, it quickly becomes clear that the disinclination is not rooted in any firm rationale, says Michael Willemin at Wigdor.

  • Limits Of FCPA Jurisdiction Over Foreigners After Hoskins

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    The prosecution of former Alstom executive Lawrence Hoskins and other recent cases illuminate the outer limits of the Foreign Corrupt Practices Act’s jurisdiction over foreign persons, but many issues remain to be litigated, and a circuit split may yet need to be resolved, say Jason Linder and William Sinnott at Mayer Brown.

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