International Trade

  • December 14, 2019

    Mexico Objects To US Labor Watchdogs In Trade Deal Bill

    Mexico’s top trade negotiator called out the U.S. on Saturday for proposing legislation that would enlist as many as five government attachés to monitor Mexico’s compliance with labor rules under the newly revised North American trade accord, which he said was not agreed upon during negotiations.

  • December 13, 2019

    North American Trade Pact Vote Could Come Wednesday

    Congress may vote on a revised trade deal between the U.S., Canada and Mexico as soon as Wednesday after the Trump administration formally submitted a bill required to implement the agreement to Capitol Hill on Friday.

  • December 13, 2019

    South Korean Steel Sold In US For Cheap, Commerce Finds

    Certain hot-rolled steel imports from South Korea were sold at below-market values between 2017 and 2018, but those from Japan were not, the U.S. Department of Commerce said in a pair of preliminary reviews of antidumping duties.

  • December 13, 2019

    SK Hynix Scores Fed. Circ. Win Over Netlist Memory Patents

    The Federal Circuit has upheld several Patent Trial and Appeal Board decisions striking down Netlist Inc. memory patents that SK Hynix Inc. had challenged, while also tossing an appeal of a U.S. International Trade Commission decision involving the same intellectual property.

  • December 13, 2019

    MVP: Stroock's Chris Griner

    Chris Griner of Stroock & Stroock & Lavan LLP represented a Japanese client before the Committee on Foreign Investment in the United States in relation to an acquisition that created one of the world's largest drug companies, earning him a spot as one of Law360's 2019 International Trade MVPs.

  • December 13, 2019

    US, China Strike Early-Phase Trade Deal To Avert Tariffs

    The U.S. and China struck an early-stage trade deal that will demand “structural reforms” from Beijing and halt a planned tariff strike against Chinese cellphones, laptops and other consumer items, the two countries announced Friday, marking a potential breakthrough in their long-running trade battle.

  • December 13, 2019

    After Brexit 'Gets Done' The Future Remains Hazy For The City

    Prime Minister Boris Johnson claimed a resounding victory Friday with his campaign to “get Brexit done,” but the British government faces an uphill climb to negotiate a new trade deal with the European Union before the transition period ends next year.

  • December 12, 2019

    Gov't Eases Reporting Requirements Under Huawei Ban

    The Federal Acquisition Regulatory Council relaxed reporting requirements on Thursday for some federal contractors who have to declare they don't use products made by telecommunications giant Huawei and several other Chinese companies under an agency-wide ban on such equipment.

  • December 12, 2019

    Satellite Co. Tells Justices Int'l Rules Flouted In $1M Row

    A South Korean satellite communications provider has asked the U.S. Supreme Court to review $1.04 million in arbitral awards to a Hong Kong-based company over a soured satellite deal, slamming the arbitrators for meddling in foreign affairs.

  • December 12, 2019

    Silicon Valley USPTO Director To Become IP Attaché In India

    The departing director of the U.S. Patent and Trademark Office’s Silicon Valley office is headed to India, where he’ll step into the diplomatic post of IP attaché for South Asia, the agency said Thursday.

  • December 12, 2019

    Ex-Braskem Exec Granted $30M Bail In Bribery Case

    The former CEO of Brazilian oil company Braskem satisfied a reluctant magistrate judge on Thursday that cash and investments worth about $30 million, or around half his wealth, will be enough to ensure he appears in Brooklyn to face charges of conspiring to bribe officials in his home country.

  • December 12, 2019

    Fed. Circ. Tosses ITC Ban On Garage Door Opener Imports

    The maker of Ryobi garage door openers won the latest round in a sprawling patent dispute with rival Chamberlain Group after the Federal Circuit on Thursday wiped out the U.S. International Trade Commission’s import ban on its products for misunderstanding a claim term.

  • December 12, 2019

    PM Boris Johnson Wins Landslide In UK Election

    The Conservative Party won an overwhelming majority in Britain's general election early Friday as the Tories picked up dozens of seats, giving Prime Minister Boris Johnson the firepower he needs to push his Brexit agenda through Parliament.

  • December 11, 2019

    3 Potential Speed Bumps For North American Trade Pact

    Significant last-minute changes to the U.S.-Mexico-Canada Agreement have created potential hitches that could delay lawmakers' efforts to quickly ratify the trade deal in the wake of a landmark truce between House Democrats and the Trump administration.

  • December 11, 2019

    CIT Scolds Commerce Over Approach To Chinese Subsidies

    A U.S. Court of International Trade judge berated the U.S. Department of Commerce on Tuesday for repeatedly penalizing Chinese exporters for China’s unwillingness to provide it with information about changes made to a buyer’s credit subsidy program.

  • December 11, 2019

    Senate Panel Greenlights Turkey Sanctions Bill

    A U.S. Senate committee on Wednesday advanced bipartisan legislation to the floor that would levy sanctions on Turkey in response to its military incursion into northeast Syria and purchase of a Russian-made missile defense system.

  • December 11, 2019

    Philips Urges ITC To Investigate Fitbit, Garmin Wearables

    Philips has asked the International Trade Commission to investigate whether Fitbit, Garmin and others are infringing four of its patents with their wearable device imports.

  • December 11, 2019

    Guaidó Looks To Nix ConocoPhillips' $8.5B Award

    The administration of Venezuelan opposition leader Juan Guaidó has initiated a bid to annul a more than $8.5 billion arbitral award issued to ConocoPhillips this year after the country nationalized three of its oil projects, saying the award is "completely unsustainable."

  • December 11, 2019

    Shipper MSC Says Accusers To Blame In Rotten Mango Suit

    Swiss shipping giant MSC Mediterranean Shipping has hit back in a London court fight over damaged mangoes, denying that delays to the length of the voyage from Peru spoiled the cargo.

  • December 10, 2019

    Och-Ziff Wants Details On Investors' Restitution Claim

    An Och-Ziff Capital Management Group unit told a New York federal court Monday that before making restitution it needs more information about the purported investor victims of its bribery scheme to control an African mine, urging the court to subpoena the investors' expert witness.

  • December 10, 2019

    Enviros Argue Energy Treaty Hurts EU Climate Efforts

    More than 250 advocacy groups criticized the Energy Charter Treaty in an open letter Monday, arguing that the agreement improperly favors fossil fuel interests and should be radically reformed.

  • December 10, 2019

    Trade Deal Changes May Set New Course But Stir Discontent

    House Democrats are hailing the new U.S.-Mexico-Canada Agreement as a standard for future U.S. trade agreements, but changes to labor, environmental and drug pricing provisions have already drawn fire from across the ideological spectrum.

  • December 10, 2019

    Ukraine Tells Top UK Court $3B Bond Fight Must Go To Trial

    Ukraine’s lawyers argued at Britain's highest court on Tuesday that the country should be able to argue at trial that Russia persuaded it to agree to a $3 billion bond deal in 2013 by using unlawful behavior that amounted to economic duress.

  • December 10, 2019

    Sudan's Creditors Win Service Over £1.5B Debt Fight

    Long-standing creditors in Sudan have moved closer to forcing its new military government to admit that it owes £1.5 billion ($2 billion) under a decades-old debt deal, after a London judge ruled on Tuesday that the country has received the lenders’ claim.

  • December 10, 2019

    Revamped North American Trade Deal Set For Hill Vote

    Officials from the U.S., Canada and Mexico signed a revised version of the North American Free Trade Agreement on Tuesday hours after earning support from House Democrats who negotiated key changes to the accord’s labor, environmental and pharmaceutical rules.

Expert Analysis

  • 8 Highlights For Dealmakers From CFIUS’ Annual Report

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    The Committee on Foreign Investment in the United States' annual report shows its increasing relevance to cross-border transactions across diverse sectors. Early on, parties should consider the impact that CFIUS reporting and review will have on transaction timing, say attorneys at Kirkland.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • US Strengthened And Expanded Economic Sanctions In 2019

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    Stateside regulation of economic sanctions continued at a breakneck pace this year, with new rules targeting Venezuela, Cuba, Turkey and Iran, expanded guidance from the Office of Foreign Assets Control, and one of the most active enforcement years on record, say attorneys at Ropes & Gray.

  • Opinion

    Trump Administration Is Right: The WTO Is Broken

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    Overreach by the World Trade Organization’s Appellate Body has undermined the WTO’s ability to conclude trade agreements, sowing seeds of instability and insecurity. Perhaps it’s best to let it wither on the vine and return to a system based on negotiation and diplomacy, says Alan Price of Wiley Rein.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • Counterfeit Good Policing In 2019 Was Redefined By Tech

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    The Organization for Economic Cooperation and Development's recent report that counterfeit goods make up 3.3% of world trade reveals that counterfeiting, abetted by e-commerce, continues to evolve and grow, but brand owners', industry groups' and governments' collaborative use of technology to combat it shows promise, says Donna Schmitt of Armstrong Teasdale.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • New French Law May Be 1st Step In Abating Carousel Fraud

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    Although there is still a long way to go, France's recent adoption of the European Union's Quick Fixes Council Directive will increase the odds of stemming carousel fraud — a type of value-added tax exploitation facilitated by the removal of customs borders, says Sophie Dorin at Bird & Bird.

  • FCPA Policy Update On Trend With Greater DOJ Transparency

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    Last week’s update of the Foreign Corrupt Practices Act Corporate Enforcement Policy reflects the U.S. Department of Justice's commitment to transparency by providing concrete guidance for companies that discover suspected violations, and clarifying the expectations for companies that self-disclose, say attorneys at Morgan Lewis.

  • Opinion

    Consumer Privacy Protection Deserves 5G Policy Attention

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    The 5G strategy currently being developed by the U.S. is destined to be incomplete until it articulates consumer privacy — as distinct from cybersecurity — protection as an important variable to consider in the 5G equation, says Stuart Brotman of the Woodrow Wilson International Center.

  • Perspectives

    Book Review: Who's To Blame For The Broken Legal System?

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    The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

  • The Economic Pros And Cons Of Int'l Trade Sanctions

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    As demonstrated by the U.S. this year, international trade sanctions can work as an instrument of foreign policy and economic pressure. But as penalties levied on another country or its citizens, sanctions can sometimes have unintended consequences, says Kartik Mittal of Zaiwalla & Co.

  • 3 Ways US Cos. Can Take Advantage Of Tariff Exclusions

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    As the U.S. and China continue their protracted negotiations over trade agreements, there are actions U.S. businesses can take today in an effort to mitigate damages arising out of the latest round of tariffs on Chinese imports, says Katie Roskam at Varnum.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.