International Trade

  • April 21, 2017

    Feds Face Long Odds For Giuliani DQ In Gold Trader's Case

    Prosecutors won’t easily push Rudy Giuliani of Greenberg Traurig LLP and Michael Mukasey of Debevoise & Plimpton LLP from the defense team of a Turkish gold trader accused of violating U.S. sanctions on Iran, according to experts, who say it will take more than general concerns over Greenberg’s lobbying work for the Turkish government.

  • April 21, 2017

    Cold War-Era Trade Law Emerges As Trump's Magic Bullet

    For its first substantial trade enforcement move, the Trump administration has dusted off a 1962 law that gives the U.S. broad discretion to impose tariffs on steel without much room for legal reprisal but will do little to cool trade tensions with major partners — namely China.

  • April 21, 2017

    Commerce Must Fix Chinese Co.'s 2 Different Tariffs: CIT

    The U.S. Department of Commerce must fix a mistake that pegged a 58.84 percent anti-dumping duty on a Chinese plywood flooring exporter that obtained a dumping margin of zero in another Commerce proceeding, a U.S. Court of International Trade judge said Friday.

  • April 21, 2017

    Chinese Man Pleads Guilty In Carbon Fiber Smuggling Sting

    A Chinese man accused of attempting to purchase military-grade carbon fiber and illegally export it to China pled guilty in New York federal court on Friday, prosecutors announced.

  • April 21, 2017

    US Won't Let Exxon Skirt Sanctions To Drill In Russia

    U.S. Treasury Secretary Steven Mnuchin said Friday that the U.S. would not allow Exxon Mobil to participate in drilling projects in Russia, which are subject to sanctions, following news reports that Exxon had asked for a waiver from the sanctions.

  • April 21, 2017

    Majority Of Voters Support Border-Adjusted Tax, Poll Says

    A new poll out Thursday shows that more than 60 percent of voters support a border-adjusted tax of 20 percent on all imports, which has frequently been floated as part of a broader tax reform plan.

  • April 21, 2017

    Blockchain Landmark Outpaces Financial Regulators

    Spanish banking giant Banco Bilbao Vizcaya Argentaria SA on Friday became the first bank to use blockchain technology to move money across borders, a fresh sign that banks are outpacing regulators in adapting to financial innovation.

  • April 20, 2017

    US Importers Blast New Tariffs On Chinese Wood

    An industry group for companies working with hardwood plywood slammed the U.S. Department of Commerce’s decision to impose preliminary duties of up to 111 percent on imports of the product from China, saying on Wednesday that domestic cabinet makers are now facing a reduced supply of unique raw material. 

  • April 20, 2017

    Trump's Pick For No. 2 Commerce Position Bows Out

    President Donald Trump’s pick for the No. 2 spot at the Department of Commerce, Todd Ricketts, has withdrawn his nomination for the position, according to a Wednesday report from the Chicago Sun-Times.

  • April 20, 2017

    Giuliani Working On Deal With Turkey In Gold Trader's Case

    Former New York Mayor Rudy Giuliani, now at Greenberg Traurig LLP, is in talks with Turkey on a national security-related deal tied to the prosecution of a Turkish gold trader accused of hiding banking transactions that violated U.S. sanctions on Iran, according to papers unsealed Wednesday.

  • April 20, 2017

    Treasury Shows Path Off The Sanctions Blacklist

    The U.S. Department of the Treasury office responsible for economic and trade sanctions offered a guide path off the sanctions list for companies and individuals Thursday, arguing that sanctions are meant to change behavior rather than punish it.

  • April 20, 2017

    Feds Want 9 Years For Head Of Counterfeit 5-Hour Energy Plot

    A wholesale distribution company owner who pled guilty to running a scheme to sell counterfeit 5-Hour Energy drinks should serve nine years in prison and pay more than half a million dollars in restitution to the drink’s maker, Innovation Ventures LLC, California federal prosecutors said Wednesday.

  • April 20, 2017

    Aussie Regulator's Food Safety System Is Comparable: FDA

    The U.S. Food and Drug Administration on Wednesday announced that it has signed an agreement with an Australian regulator recognizing each other’s food safety systems as comparable, a move the Australian government has said will make its exporters preferred suppliers of safe food to the U.S.

  • April 20, 2017

    WTO Staffing Shortage Stonewalls US-Canada Paper Dispute

    The World Trade Organization panel currently reviewing a complaint from Canada against U.S. duties on glossy specialty paper has been forced to delay its decision in the case due to a shortage of legal staff in Geneva, according to a WTO document circulated Thursday.

  • April 20, 2017

    US Opens Rare Security-Focused Steel Probe

    The Trump administration reached deep into its bag of trade enforcement tools Thursday as it announced a new investigation of steel imports through a rarely used trade law that allows the U.S. to impose tariffs if it decides that a flood of foreign goods poses a threat to national security.

  • April 19, 2017

    Census Bureau Issues Final Rule On Export Reporting

    The U.S. Census Bureau has updated its rules to reflect a new system that allows exporters and importers to use a single electronic portal to send documentation to all relevant enforcement agencies, replacing what had been a duplicative and cumbersome process.

  • April 19, 2017

    EU Regulator Says Trump Mum On 'Privacy Shield' Pledges

    The European data protection supervisor said Wednesday that he is still "waiting for a phone call" from the Trump administration about whether and how officials will continue to adhere to commitments regarding government surveillance that the prior administration made last year to secure the EU-U.S. Privacy Shield data transfer agreement.

  • April 19, 2017

    Commerce Must Redo Bad Math On Chinese Glycine Duties

    A U.S. Court of International Trade judge sent the U.S. Department of Commerce back to the drawing board Wednesday with orders to reconsider some of the faulty methodology and comparisons used to reduce a Chinese glycine exporter's anti-dumping duties from 453.79 to 64.97 percent.

  • April 19, 2017

    WTO Dispute Roundup: Food Fights Come To The Fore

    In Law360's latest review of the World Trade Organization's Dispute Settlement Body proceedings, the U.S. and India remain at loggerheads over a dispute about India's poultry import ban while other agricultural disputes involving Europe, China and Russia all lurched toward conclusion.

  • April 19, 2017

    Suniva Gets DIP Cash To Fund Solar Cell Trade Petition

    Solar cell maker Suniva Inc. received court approval Wednesday in Delaware to draw $1.4 million in post-petition cash that will help fund its pursuit of a U.S. International Trade Commission recommendation aimed at protecting American solar cell firms from a flood of cheaper foreign imports.

Expert Analysis

  • The Trump Sanctions Policy At 3 Months

    Melissa Duffy

    Recent references by U.S. Secretary of State Rex Tillerson to an ongoing review of whether to continue suspending U.S. sanctions on Iran — and a host of other foreign policy challenges — raise questions about whether changes in sanctions policy are on the horizon, say attorneys with Hughes Hubbard & Reed LLP.

  • Impact Of 'Buy American And Hire American' On H-1B

    Elizabeth Espin Stern

    President Trump recently signed an executive order addressing the protection of U.S. jobs and preferences for U.S.-manufactured products and goods. While the order has no immediate effect on the processing of H-1B visa petitions, it does give us a clear picture of the administration’s views on the program. The “feeding frenzy” that characterizes the H-1B cap season may well become a thing of the past, say partners of Mayer Brown LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • 4 Takeaways From The 'Buy American' Executive Order

    Justin Ganderson

    Following Tuesday's executive order, government contractors should expect agencies to significantly increase their efforts to monitor contractor compliance with "Buy American" laws and to enforce contractor noncompliance — possibly through civil or criminal False Claims Act violations, contract terminations and suspension or debarment, say attorneys with Covington & Burling LLP.

  • The ITC's Potential Role In Hatch-Waxman Litigation

    Wanda French-Brown

    Wanda French-Brown of BakerHostetler examines whether a branded pharmaceutical company can (or should) use the U.S. International Trade Commission as a forum to block the importation of an active pharmaceutical ingredient, any intermediates of the API, or finished generic drug products in the context of Hatch-Waxman litigation.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Understanding The US Ban On Importing Forced Labor Goods

    Claire Reade

    U.S. law is clear that the United States can block the import of goods made with forced labor, and can bring enforcement actions against importers. President Donald Trump and his team have been outspoken about trade enforcement in general, with China as a particular focus. This may presage a new enforcement trend, say Claire Reade and Samuel Witten of Arnold & Porter Kaye Scholer LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.