International Trade

  • April 26, 2018

    Corporations Must Help Fight Cyber Threats, Deputy AG Says

    Amid concerns about the nation’s cybersecurity and threats from foreign hackers, American corporations should cooperate with the U.S. Department of Justice to defend against criminal activity, Deputy Attorney General Rod Rosenstein told a conference of corporate and insurance defense attorneys Thursday.

  • April 26, 2018

    DC Circ. Questions Foreign Tax Treatment Of Bearer Shares

    An international shipping company urged a D.C. Circuit panel Thursday to grant it the chance to prove it is owned predominantly by residents of other countries, despite the fact its stock is issued in hard-to-trace bearer shares.

  • April 26, 2018

    French Court Spurns Creative Reading Of Investment Treaties

    A decision by France's highest court reinstating a $50 million arbitral award is a reminder for French courts to stick to a strict interpretation of investment treaties, experts say.

  • April 26, 2018

    EU, Japan Still Mulling Next Steps On Investment Arbitration

    The European Union and Japan met on Thursday to discuss the controversial investment protection issues that were left out of their highly touted trade deal last year, with both sides offering little detail while still holding out for a quick resolution.

  • April 26, 2018

    Dechert Adds 2 Ex-Hughes Hubbard Trade Pros To DC Office

    Dechert LLP has added two former Hughes Hubbard & Reed LLP attorneys to its international trade and government regulation group, the firm announced on Wednesday.

  • April 26, 2018

    Vietnamese Sack Imports Likely Hurt US Makers, ITC Says

    The U.S. International Trade Commission has determined there is a “reasonable indication” that imports of Vietnamese laminated woven sacks used to package pet food and other consumer goods are hurting U.S. producers, giving a green light to the Department of Commerce’s anti-dumping and countervailing duty investigations.

  • April 26, 2018

    US Pols Getting Antsy As NAFTA Talks Enter Crucial Phase

    U.S., Canadian and Mexican officials continued huddling Thursday to advance the North American Free Trade Agreement negotiations peppered with a fresh set of demands from congressional lawmakers, who seek changes to the deal’s rules covering labor, the environment, digital trade and agriculture.

  • April 26, 2018

    UK Must Clarify How Bank Was 'Tool' Of Iran In Sanctions Row

    The British government must explain its claim that Bank Mellat was a “tool” of the Iranian government in the country’s attempt to continue its nuclear weapons program and avoid sanctions, a High Court judge said Thursday, ruling that HM Treasury should amend its defense against a $4 billion lawsuit brought by the Iranian lender.

  • April 25, 2018

    ITC Bans Certain Chinese Mobile Device Mounts In IP Case

    A general exclusion order by the U.S. International Trade Commission that blocks the import of patent-infringing magnetic mobile device stands from a slew of Chinese companies was finalized on Tuesday after the end of a presidential review period.

  • April 25, 2018

    Defying Trump, Macron Calls For Scaling Back Trade Blitz

    Addressing a joint session of the U.S. Congress on Wednesday, French President Emmanuel Macron called for a measured and diplomatic approach to global trade policy in open defiance of the Trump administration, which has made a flurry of aggressive enforcement maneuvers in recent months.

  • April 25, 2018

    US Tax Law Likely To Run Afoul Of WTO Rules, Panelists Say

    The Tax Cuts and Jobs Act rules concerning foreign-derived intangible income are very likely to be seen as a subsidy falling outside World Trade Organization and Organization for Economic Cooperation and Development rules, panelists said Wednesday in New York.

  • April 25, 2018

    CIT Orders Commerce To Rethink Part Of Steel Pipe Duties

    The U.S. Court of International Trade on Tuesday ordered the U.S. Department of Commerce to rethink part of its determination of final duties on circular welded steel pipe imported from the United Arab Emirates after it was discovered that packing expenses for one of the respondents were miscalculated.

  • April 25, 2018

    Fed. Circ. OKs Commerce's Use Of Import Transformation Test

    The U.S. Department of Commerce may use an analysis of whether a product has been substantially transformed to determine whether steel tubing imports that are produced in China and finished in other countries can be considered to be from China, the Federal Circuit held Wednesday.

  • April 25, 2018

    Bill Would Let Feds Quickly Ban Software From Gov't Use

    Sen. Dianne Feinstein, D-Calif., introduced a bill that would give the federal government authority to ban the use of private companies' software across government without notice, in a measure she said would help shield federal computer systems from foreign attacks.

  • April 25, 2018

    Pineapple Biz Slams Del Monte Bid To Enforce $32M Award

    A Costa Rican pineapple grower urged a Florida federal court Tuesday to abstain from enforcing a $32 million arbitral award to Swiss corporation Del Monte International GmbH, saying that Costa Rican courts have refused to enforce the award and that the grower has no assets in the United States.

  • April 25, 2018

    WTO Poised To Decide Russia-Ukraine Railway Tussle

    A World Trade Organization dispute panel currently mulling a closely watched Ukrainian complaint against the Russian government’s restrictions on imports of railway equipment and parts said Wednesday that it expects to hand down a final ruling in the case some time next month.

  • April 24, 2018

    Holland & Knight Adds Ex-Baker McKenzie Arbitration Pro

    Holland & Knight LLP has landed a former Baker McKenzie arbitration pro with a decadeslong background in Latin American disputes to head the firm's litigation and arbitration practice in Mexico City.

  • April 24, 2018

    Justices Ask What Deference US Courts Owe Foreign Gov'ts

    The U.S. Supreme Court explored the appropriate level of deference that U.S. courts should pay a foreign country’s interpretation of its own laws during oral arguments Tuesday in a price-fixing case against Chinese vitamin C exporters, a question of increasing relevance in today’s interconnected world.

  • April 24, 2018

    White House Steeling For Trade Talks With China

    President Donald Trump said Tuesday that he would dispatch two of his top economic advisers to China “in a few days” to discuss the two countries’ escalating trade tensions over steel and aluminum tariffs, technology policy and intellectual property enforcement.

  • April 24, 2018

    Africa Trade Backers Hoping For Boost With New Legislation

    President Donald Trump signed a bill late Monday that will direct the government to up its promotion of U.S. trade with sub-Saharan Africa to businesses and lawmakers who feel that engagement with the region has needlessly languished in recent years.

Expert Analysis

  • Counterfeit Cosmetics: Fake Beauty, Real Danger

    Aliza Karetnick

    In the age of e-commerce, counterfeit cosmetics present a growing challenge — not only do they pose significant health risks to consumers, but they raise serious legal concerns for brand manufacturers, distributors and retailers, say Aliza Karetnick and Kelly Bonner of Duane Morris LLP.

  • Antitrust Damages Analysis Can Respect International Comity

    Pian Chen

    A controversial issue argued Tuesday before the U.S. Supreme Court was whether the Second Circuit should have given complete deference to a declaration that price-fixing by two vitamin C manufacturers was required by Chinese law. When a foreign government’s regulation is exempt, measuring damages attributable only to the cartel respects international comity while also recognizing how foreign cartels can harm U.S. customers, say mem... (continued)

  • Battery Supply Chain: A Unique Growth Opportunity

    Rebecca Campbell

    Battery materials and electric vehicles offer something unique to today’s commodity producers and investors: a sustainable growth story that is not just China-dependent. The exponential growth in demand is creating a scramble for resources not seen since the last great commodity supercycle, say attorneys with White & Case LLP.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • A Setback For FCPA-Based Securities Class Actions

    Mauricio España

    The Southern District of New York's recent dismissal of a securities class action against Embraer provides hope that not every Foreign Corrupt Practices Act settlement will give rise to expensive private litigation, say attorneys with Dechert LLP.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • The Many Challenges Facing Venezuela Bribery Suit: Part 2

    Richard Cooper

    Resolution of the standing issues raised in the U.S. bribery suit brought by Venezuela’s state-owned oil company PDVSA may have implications not just for this case, but for whether PDVSA may be bound by the Venezuelan government to any future debt restructuring, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • The Many Challenges Facing Venezuela Bribery Suit: Part 1

    Richard Cooper

    The documents filed thus far in the U.S. bribery suit brought by Venezuela’s state-owned oil company PDVSA make clear that the standing issues in this case are complicated. The case also presents questions as to whether it will have implications for financial creditors of PDVSA and the republic, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    There Is Middle Ground For US Lawyers On AML Regimes

    Matthew O'Hara

    The American Bar Association continues to oppose legislation that would impose certain European Union and U.K. anti-money laundering requirements on U.S. lawyers. The ABA should further consider its approach to this issue as there is a viable middle ground that protects privileged communications and confidential information while advancing the interests of the legal profession, says Matthew O’Hara of Freeborn & Peters LLP.