International Trade

  • January 17, 2020

    FTC Dings Hydrogen Peroxide Co.'s Canadian Divestiture Deal

    The Federal Trade Commission told a D.C. federal court Friday that an apparent divestiture agreement between Canada's competition enforcer and a hydrogen peroxide producer does not fix the problems raised by the United States' challenge of the company's $625 million merger.

  • January 17, 2020

    SEC Fights Bahamian Adviser's Bid To Kill Fraud Suit

    The U.S. Securities and Exchange Commission urged a Colorado federal court to keep alive its suit accusing Mediatrix Capital Inc. of defrauding investors out of millions through unregistered offerings and stolen funds, arguing that contrary to the adviser's argument, the investment funds they sold do constitute securities.

  • January 17, 2020

    Commerce And State Depts. Finalize Rules Over Gun Exports

    The Trump administration on Friday finalized contentious rules easing export restrictions on small arms and ammunition not considered to be military equipment, a move that will likely boost international sales by U.S. arms manufacturers.

  • January 17, 2020

    International Trade Group Of The Year: Fish & Richardson

    Fish & Richardson PC has protected the intellectual property of companies such as headphone maker Bose Corp. and memory device manufacturer Macronix by obtaining exclusion orders from the U.S. International Trade Commission that bar infringing products from entering the U.S., securing its place as one of Law360's 2019 International Trade Groups of the Year.

  • January 17, 2020

    Importer Wants $6.6B Refund For Trump Steel Tariffs

    A Turkish steel manufacturer has sued the U.S. government hoping to recoup $6.6 billion that it and other producers were forced to shell out when the Trump administration rolled out steep national security-based steel duties two years ago.

  • January 17, 2020

    Commerce Imposes Duties On Belgian, Italian Steel Imports

    The U.S. Department of Commerce will hit steel plate imports from Belgium and Italy with final duties of up to 16.2% after finding that some of the countries' exporters are selling their products at unfairly low prices.

  • January 17, 2020

    FAA Properly Vetted Boeing Max Jets, Review Panel Finds

    The Federal Aviation Administration vetted Boeing's 737 Max jet according to rigorous aircraft certification procedures, a special review committee has said, suggesting any heavy-handed overhaul of the FAA's program could upend aviation safety.

  • January 16, 2020

    Ex-Barbados Official Convicted Of Money Laundering Charges

    A New York federal jury on Thursday convicted a former minister for the government of Barbados on money laundering charges for purportedly funneling bribes he took from an insurance company through U.S. banks.

  • January 16, 2020

    US-China Deal's Patent Rules Will Boost Branded Drug Cos.

    The preliminary trade agreement signed by the U.S. and China this week should aid the branded pharmaceutical industry by creating a system to resolve patent disputes over generic drugs before they enter the market and a way to extend the life of drug patents, attorneys say.

  • January 16, 2020

    Senate Panel's OK Of Trump 11th Circ. Pick Angers Dems

    A Senate panel Thursday forged ahead with a highly contentious nominee to the Eleventh Circuit, casting aside fierce Democratic criticism and moving the nominee to the floor even as the impeachment trial of President Donald Trump threatens to take all of the upper chamber's attention.

  • January 16, 2020

    US Says Cos. Have 90 Days To Comply With Iran Sanctions

    The U.S. Treasury Department said Thursday that it would give companies 90 days to wind down their business operations in Iran’s metals, mining and construction sectors before they faced punishment under new sanctions issued last week.

  • January 16, 2020

    Senate Sends North America Trade Deal To Trump

    The Senate approved President Donald Trump's updated North American trade pact in a bipartisan 89-10 vote Thursday, more than a year after negotiations with Mexico and Canada concluded.

  • January 15, 2020

    Goodwin Flips Script To Turn Contract Row Into Patent Win

    Goodwin Proctor began representing a manufacturing company accused of breaching a patent licensing agreement. But by the time they went to trial, the firm's attorneys had chipped away at the case so that all the jury had left to do was invalidate the patent. Here's how they did it.

  • January 15, 2020

    How The US Plans To Enforce Its New Trade Deal With China

    The preliminary U.S.-China trade deal signed Wednesday will allow the U.S. to swiftly punish Beijing if the agreement is violated, as the White House looks to correct past administrations’ struggles to secure meaningful reforms in China.

  • January 15, 2020

    Global Cartel Enforcers Shift Attention To Local Conspiracies

    Despite a rebound in penalties issued by U.S. and European enforcers last year, a report released Wednesday found that global criminal cartel fines are down over the past decade. But the downward trend may say more about where enforcers are focusing than it does about their level of activity.

  • January 15, 2020

    US-China Trade Deal Aims To Bolster IP Protection

    A trade deal struck Wednesday between the U.S. and China featured a number of commitments from Beijing to strengthen protections on U.S. intellectual property.

  • January 15, 2020

    Final CFIUS Regs Ready New Era Of Inbound Deal Scrutiny

    Final regulations to overhaul the Committee on Foreign Investment in the United States offer special treatment to three countries and provide more guidance to investment funds while allowing for future adjustments on how the U.S. screens deals for national security concerns.

  • January 15, 2020

    US, China Ink 'Phase 1' Trade Deal After Years Of Turmoil

    The U.S. and China reached a momentary truce in their yearslong trade standoff on Wednesday with the signing of a preliminary trade agreement that the Trump administration has promised will bring “structural reforms” to Beijing.

  • January 14, 2020

    'Rapid' Labor Disputes Tool In New NAFTA Could Fall Short

    A new "rapid response" enforcement mechanism aimed at resolving labor disputes that was added last month to the United States' newly renegotiated trade deal with Mexico and Canada is a novel addition, but a lack of details about its implementation has left some experts wondering whether it will be effective.

  • January 14, 2020

    Brexit Checklist: Preparing For The Tax Impact Of Trade Talks

    As the U.K. and European Union negotiate a new trade relationship, tax practitioners should prepare for red tape and the potential loss of certain exemptions while watching for clues that could indicate what a final deal might look like. Here, Law360 looks at key tax issues to track during the trade negotiations, and what effect they could have on multinationals.

  • January 14, 2020

    US, Japan, EU Look To Squeeze China On Industrial Subsidies

    Top trade officials for the U.S., Japan and the European Union agreed to strengthen global rules against trade-distorting subsidies on Tuesday, forming a unified front against China.

  • January 14, 2020

    What To Look For In The US-China 'Phase One' Trade Deal

    As the U.S. and China sign their preliminary trade agreement Wednesday, the focus will turn to the deal’s previously unseen rules and enforcement provisions to determine whether it can deliver the sweeping reforms touted by the Trump administration. Here, Law360 lays out what to look for when the hotly anticipated trade accord is made public.

  • January 14, 2020

    USMCA Trade Deal Slated For Final Passage This Week

    President Donald Trump's U.S.-Mexico-Canada Agreement is on track for final approval this week, the Senate majority leader said Tuesday, setting a timetable for the long-awaited trade pact that's expected to win overwhelming support.

  • January 14, 2020

    Tribunal Gives Djibouti 2 Months To Restore Port Rights

    A London-based tribunal has ordered Djibouti to restore the Emirati company DP World's right to operate a deep-sea terminal that the East African nation illegally seized and transferred to a state-owned company, according to a Tuesday statement.​​​​​​

  • January 14, 2020

    Solar Panel Importer Can't Shake China Duties

    A solar panel importer failed to escape a duty order on modules from China, with the U.S. Court of International Trade batting away the company's argument that the U.S. Department of Commerce gave inconsistent rulings about the scope of the order.

Expert Analysis

  • 5 Predictions For FCPA Enforcement In 2020

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    In addition to joining the chorus of others who predict that increased global engagement by U.S. authorities will lead to record levels of Foreign Corrupt Practices Act enforcement, we also expect 2020 will bring changes in FCPA restitution, calculation of damages, declinations to prosecute and more, say attorneys at V&E.

  • HHS Drug Import Proposal Is Unlikely To Succeed

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    The U.S. Department of Health and Human Services' outline for allowing states to import drugs from Canada raises questions about the U.S. Food and Drug Administration's authority to implement the rule and may be an attempt to deflect blame for high drug prices to manufacturers, say attorneys at King & Spalding.

  • Managing Money Laundering Risk In The Art Trade

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    The Office of Foreign Assets Control's recent declaration that a Lebanese art dealer's gallery was used to conceal Hezbollah financing is a reminder to the art community of the need for strict compliance with U.S. criminal anti-money laundering laws, say Nicole Horowitz and Brendan Hanifin of Ropes & Gray.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • OFAC's New Iran Sanctions May Not Signal Seismic Change

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    While President Donald Trump’s recent executive order expands the ability of the U.S. Office of Foreign Assets Control to sanction non-U.S. entities doing business with Iran, it remains to be seen whether OFAC will pursue aggressive enforcement of its strengthened secondary sanctions authority, say attorneys at Ropes & Gray.

  • Drug Pricing: What Happened In 2019, What To Watch In 2020

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    Last year saw a dizzying array of drug pricing actions and proposals from the White House, Congress and state governments, and this year the drug industry may face even greater pressure from groundbreaking changes to federal policy, among other developments, say Tom Bulleit and Scott Falin of Ropes & Gray.

  • White House NEPA Overhaul Likely To Face Legal Challenges

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    The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

  • FinCEN's Most Lethal AML Weapon Against Foreign Banks

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    As the U.S. Financial Crimes Enforcement Network plans to increase its use of so-called special measures under the USA Patriot Act, it is a good bet FinCEN will focus its efforts to exile foreign banks it believes pose a money laundering threat to the U.S. financial system, says Arthur Middlemiss at Lewis Baach.

  • How International Trade May Play Out In 2020

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    Despite the tumult the Trump administration's actions have created in international trade, the president's attempt at long-term disruption of global markets is unlikely to be successful, says Peter Quinter at GrayRobinson.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • Deciphering Tribunals' Practice In Investor-State Arbitration

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    Our recent study of 114 publicly available decisions on provisional measures in investor-state proceedings reveals key trends in arbitration tribunal jurisprudence, say David Goldberg and Ivan Philippov of White & Case, and professor Yarik Kryvoi of the British Institute of International and Comparative Law.

  • Policy Push Yields Mixed Results For Biofuels Sector

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    Policymakers delivered a mixed bag to the biofuels industry at the end of 2019, with both a law retroactively extending the biodiesel and renewable diesel credit, and guidance from the U.S. Environmental Protection Agency that could undercut the biofuels market, say Brandon Kirkham and Joshua Andrews of Faegre Baker Daniels Consulting.

  • An Attractive ITC Tool To Stop IP-Infringing Online Sales

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    The U.S. International Trade Commission issued more general exclusion orders in 2019 than in past years due to the proliferation of intellectual property rights violations in online marketplaces, revealing that it won’t hesitate to implement this powerful and effective remedy when warranted, say attorneys at Hunton.