International Trade

  • May 06, 2021

    Judge Temporarily Lifts Pentagon's CCMC Label On Tech Co.

    A D.C. federal judge has blocked the U.S. Department of Defense from designating a software firm as a "Communist Chinese military company," saying the DOD had taken too broad a view of what it means to be affiliated with the Chinese government.

  • May 06, 2021

    Microsoft Says It Will Let EU Customers Keep Data Inside Bloc

    Microsoft committed Thursday to allowing businesses and government entities that use its cloud services in the European Union to store all of their data locally, amid lingering uncertainties about how to legally transfer data outside the bloc. 

  • May 06, 2021

    Investment Firm Hits Colombian Trading Co. With $1.5B Suit

    A Washington-based investment firm has sued a Colombian international trading company for more than $1.5 billion based on allegations that the company broke a commission fee agreement for the firm to invest at least $7 billion by signing a secret investment deal with a third party.

  • May 06, 2021

    Trade Court Backs Denial Of Duties On Plastic Resin Imports

    Plastic resin imports from five countries escaped anti-dumping duties sought by domestic producers when a federal trade court backed the U.S. International Trade Commission's findings that a domestic supply shortage, and not low prices, caused the surge in imports.

  • May 06, 2021

    Online Taxes Hurt Small Digital Cos., Industry Rep Says

    Taxes on online revenue will hurt small and medium-size digital businesses, even if they're not directly affected, a representative of small technology companies said Thursday at hearings held by the U.S. Trade Representative's office.

  • May 06, 2021

    US Steel Tariff Tiff Belongs In Pa. State Court, Judge Told

    A lawsuit accusing the United States Steel Corporation of abusing the exceptions-and-objections process for tariffs on foreign steel belongs in Pennsylvania state court, the plaintiff told a federal judge Thursday, arguing there was no federal law governing the question of whether U.S. Steel lied to the Department of Commerce.

  • May 05, 2021

    Trump-Era Tariff Angst Hasn't Gone Away Under Biden

    The early days of the Biden administration have been relatively quiet on the trade front, but importers have nevertheless found themselves in the throes of a familiar battle: pleading with the government to hold off on tariffs in a heated trade dispute.

  • 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.

Expert Analysis

  • The Biden Administration Is Sharpening The TSCA's Sword

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    The Trump administration implemented the 2016 amendments to the Toxic Substances Control Act in a way that critics felt benefited chemical companies, but the Biden administration can be expected to use the amendments to broaden risk reviews and impose new requirements on the regulated community, say attorneys at Kilpatrick.

  • Rethinking Investment Treaties As Latin America Goes Green

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    As Latin America pivots toward renewable energy, governments should reshape bilateral investment treaties to allow incentives for new technologies and improve dispute settlement mechanisms, while also providing both new and established energy companies with certainty and fair treatment, say attorneys at GST.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

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    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    USPTO Refusal To Register Cannabis TMs Hurts Public

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    The recent uncovering of THC-laced, knock-off candies in Florida illustrates why U.S. Patent and Trademark Office registration of cannabis trademarks would protect the public by providing companies with quality and safety incentives and empowering them to pursue counterfeiters, says Frederic Rocafort at Harris Bricken.

  • Lifting US Sanctions On Iran Would Increase Financial Activity

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    If recent talks for the U.S. to rejoin the Iran nuclear deal pan out, financial activity between formerly sanctioned entities and European counterparties will likely increase, and demand for certain types of legal work may shift, say Kartik Mittal and Stephanie Limaco at Zaiwalla.

  • How Gov't FCPA Hiring Practices Theory May Pan Out In Court

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    In recent settlements with banks, U.S. authorities have taken the position that providing a job or even an unpaid internship to relatives or friends of foreign officials is a violation of the Foreign Corrupt Practices Act, but it is worth assessing how this theory would fare in individual prosecutions, say attorneys at Debevoise.

  • Opinion

    US Needs Better, Nonpunitive Approach To Greening Trade

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    Instead of imposing tariffs on goods produced where foreign governments have assisted in cleaning up the environment, the U.S. should make trade policy green by helping industries reduce their environmental impact and encouraging every foreign government to do the same, say Elliot Feldman and Michael Snarr at BakerHostetler.

  • Key Takeaways From Recent Changes To TM Laws Abroad

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    Wendy Cheng and Lauren Ralls at Kilpatrick break down what international trademark developments — such as significant amendments to China's law, the impact of Brexit on U.K. filing programs, enforcement strategies and budgets, and changes in the Mexican examination practice — mean for U.S. brand owners and their counsel.

  • What OECD Scrutiny Means For Anti-Corruption In Brazil

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    Attorneys at Paul Hastings examine how an unprecedented standing subgroup recently created by the Organization for Economic Cooperation and Development to monitor Brazil's anti-corruption efforts reflects significant uncertainty regarding the country's commitment to enforcement, and what companies can do to address foreign bribery risk and strengthen compliance programs.

  • How SPACs Can Avoid Failed China Reverse Mergers 2.0

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    As red-hot special purpose acquisition companies hungry for de-SPAC transactions set their sites on Asia, practitioners can look to the failed Chinese reverse mergers of the early 2000s for lessons about regulation, due diligence and misrepresentation, say attorneys at Baker McKenzie.

  • The International Outlook For US Border Carbon Adjustments

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    The Biden administration may see enacting a border carbon adjustment system as a good way to advance climate goals and protect domestic industries and jobs, but any such plan must take into account the need to respect existing international trade agreements, say attorneys at Akin Gump.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • COVID's Int'l Trade Impact Holds Health Co. Legal Implications

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    Pandemic-prompted changes to international trade are highlighting novel legal issues related to the health care industry's reliance on an international supply chain, the proliferation of counterfeit supplies, and risks associated with offshoring administrative support, say Brett Johnson and Claudia Stedman at Snell & Wilmer.

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