International Trade

  • March 11, 2024

    Senate Could Be Hurdle To House Plan For TikTok Limits

    A bill to clamp down on TikTok that was unanimously approved by a House committee is expected to come to the House floor this week, but its fate in the U.S. Senate looks dicier.

  • March 11, 2024

    3rd Circ. Unsure Of Reasons To Halt Del. Assault Weapon Ban

    A Third Circuit panel seemed to lean toward letting Delaware keep its ban on so-called assault weapons and extended magazines during arguments Monday, with Judge Stephanos Bibas pressing gun rights advocates on their claim the ban should have been blocked solely on the grounds that a Second Amendment violation may have taken place.

  • March 11, 2024

    Magnet Co. Says Feds' Leak On PACER Bars ITAR Charges

    A rare-earth magnets manufacturer and executives facing an April criminal conspiracy trial asked a Kentucky federal judge Monday to trim charges that they violated the International Traffic in Arms Regulations by sending sensitive technical data to a Chinese company, arguing that prosecutors recently disclosed the allegedly sensitive materials in court filings.

  • March 11, 2024

    Steptoe Adds Dentons' Ex-Global Security Chief As Partner

    Steptoe LLP has added a security and threat analysis expert who previously served as Dentons' global chief security officer as a partner in Washington, D.C., the firm announced Monday.

  • March 11, 2024

    Menendez Must Face May 6 Trial Despite Likely Appeal

    A Manhattan federal judge on Monday refused to push back U.S. Sen. Robert Menendez's May 6 corruption trial after the New Jersey Democrat and his wife pled not guilty to newly added obstruction of justice charges.

  • March 08, 2024

    Justices Urged To Take Up 'Who Decides' Arbitration Question

    An international arbitration scholar has urged the U.S. Supreme Court to resolve whether a court or an arbitrator should decide a dispute's proper venue in cases involving nonsignatories to an arbitration agreement, an issue that's arisen in antitrust litigation over National Association of Realtor rules.

  • March 08, 2024

    DOJ Eyes FCPA For New Whistleblower Rewards Program

    U.S. Department of Justice officials on Friday signaled a renewed emphasis on fighting foreign corruption, saying its planned whistleblower rewards program should prove useful in Foreign Corrupt Practices Act cases against private companies, and warned companies against running afoul of new rules barring the sale of personal data to foreign adversaries of the U.S.

  • March 08, 2024

    Patent Case Over Air Conditioners For Boat Use Sinks At ITC

    The U.S. International Trade Commission has decided that a Swedish manufacturer of air conditioners for use on boats doesn't have a patent case against a handful of rivals based in Florida and China after all.

  • March 08, 2024

    ITC Clears LKQ, Others In Car Lamp Patent Cases

    The U.S. International Trade Commission has undone administrative findings that Chicago parts maker LKQ Corp. and other companies flouted federal patent law by allegedly importing certain headlights and taillights.

  • March 08, 2024

    Fed. Circ. Argues Judge Newman's Ethics Law Challenge Fails

    A D.C. federal judge must reject suspended U.S. Circuit Judge Pauline Newman's challenge to the Judicial Conduct and Disability Act, as her constitutional arguments are too limited, the Federal Circuit Judicial Council said Friday.

  • March 08, 2024

    CFIUS Rules May Need Review Amid 'Exponential' Growth

    Foreign direct investment-related enforcement and penalty processes in the U.S. could use a review amid "exponential" growth in FDI regimes across the globe, greater awareness of national security risks, and increased U.S. outreach to foreign partners, a U.S. Treasury Department official said Friday. 

  • March 08, 2024

    Fed. Circ. Ruling Affirms That Hay Nets Aren't Machine Parts

    A South Carolina packaging solutions manufacturer took another blow in its quest to get its imported bale wraps duty-free treatment after the Federal Circuit affirmed a ruling that the wraps were stand-alone products and not parts of baling machines.

  • March 07, 2024

    House Panel Advances Bills To Ban TikTok, Block Data Sales

    The House Commerce Committee on Thursday unanimously approved a pair of bills targeting national security concerns related to foreign adversaries' access to personal information about Americans, including a measure that would effectively ban TikTok from the U.S. unless it's cut from its Chinese parent company. 

  • March 07, 2024

    Fed. Circ. Hears Law Was Misapplied To Levy Olive Duties

    Three Spanish olive exporters pressed the Federal Circuit to undo countervailing tariffs the U.S. Department of Commerce calculated in 2021, saying Thursday that the department misapplied a trade law to presume they benefited from local government subsidies.

  • March 07, 2024

    Deputy AG Unveils DOJ Whistleblower Rewards Pilot Program

    Deputy Attorney General Lisa Monaco on Thursday said the U.S. Department of Justice will soon begin a pilot program to financially reward whistleblowers who alert prosecutors to significant corporate misconduct.

  • March 07, 2024

    White House Moves To End Highway 'Buy America' Waivers

    The Biden administration on Thursday proposed eliminating waivers to domestic production requirements for items used in federal highway building.

  • March 07, 2024

    US Soldier Charged With Selling Military Secrets To China

    A U.S. Army intelligence analyst with the rank of sergeant sold an array of sensitive and classified military secrets to China in exchange for $42,000, according to a Tennessee grand jury indictment unsealed on Thursday. 

  • March 07, 2024

    Indian Gov't Eyes Linking Carbon Tax On Coal To Quality

    The Indian government should consider linking its carbon tax on coal to quality and price rather than weight because the current system gives an advantage to imported coal over domestic coal, the country's Ministry of Coal said Thursday.

  • March 07, 2024

    Voltage Gets Win From ITC Judge In Solar Patent Fight

    The U.S. International Trade Commission has found that Shoals Technologies Group failed to meet an important element necessary to continue with its fight against Voltage over a patent relating to solar technology.

  • March 06, 2024

    Treasury Sanctions Ship Owners It Says Enable Houthi Attacks

    The Department of Treasury says it's taking new action against Iranian commodity shipments, targeting ship owners in Hong Kong and the Marshall Islands with sanctions for moving Iranian goods that officials say help to fund Houthi attacks on container ships in the Red Sea and Gulf of Aden.

  • March 06, 2024

    Court Backs Decision Freeing Flanges From Pipe-Fitting Duty

    The trade court on Wednesday upheld the U.S. Department of Commerce's decision to free a Texas-based pipe company's cast-iron flange imports from an antidumping duty order, ruling Commerce's fifth assessment of the duty's scope finally squared with the evidence.

  • March 06, 2024

    Don't Get Too Comfy Before Trade Deal Review, Tai Says

    U.S. Trade Representative Katherine Tai on Wednesday cautioned the U.S., Mexico, and Canada not to get "too comfortable" ahead of approaching the first review of the nations' trade accord, saying some discomfort was needed to motivate them towards tackling global trade issues.

  • March 06, 2024

    Shipper Insists US Sanctions Offered Escape From Contract

    A shipping company told Britain's highest court on Wednesday that it should not be forced to vary the terms of a freight contract, after refusing to accept payments in euros to mitigate a force majeure event amid concerns about U.S. sanctions.

  • March 06, 2024

    Sidley Adds 11-Year Wiley Rein Leaders To DC Group

    Sidley Austin LLP has hired two members of Wiley Rein LLP's leadership, one of whom joins to help co-lead its global arbitration, trade and advocacy practice, the firm announced Wednesday.

  • March 06, 2024

    Texts Constituted Contract In $7.7M Fertilizer Fight, Judge Says

    A Florida federal court ordered a global fertilizer seller to pay a Brazilian client $7.7 million, finding that the company breached an agreement that was partially negotiated over WhatsApp to sell 45,000 metric tons of ammonium sulfate.

Expert Analysis

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • How US Companies Can Wield The New Foreign Bribery Law

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    U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Protections May Exist For Cos. Affected By Red Sea Attacks

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    Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.

  • What's On Tap For Public Corruption Prosecutions In 2024

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    All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.

  • Global Cartel Enforcement Looks Set To Intensify In 2024

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    The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Time To Step Up PFAS Due Diligence In Cross-Border M&A

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    Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.

  • 4 Questions On Groundbreaking New Foreign Bribery Law

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    The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.

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