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International Trade
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April 26, 2024
Europeans Try To Ease Dispute Process In Canada Trade Pact
The European Commission on Friday proposed new rules to help small and medium-sized businesses access a yet-to-be established investor court that was included in the bloc's nearly seven-year-old trade deal with Canada.
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April 26, 2024
HP Defeats Video Coding Patent Case At ITC
The U.S. International Trade Commission has terminated a patent case against HP Inc. by VideoLabs Inc. over video coding patents, agreeing with an administrative law judge that the asserted claims are invalid as indefinite.
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April 26, 2024
Commerce Restricts Gun Exports To 'High-Risk' Countries
The U.S. Department of Commerce on Friday issued a rule restricting exports of firearms and ammunition to "high-risk" countries, a move it said is intended to avoid U.S. national security and foreign policy interests being undermined by misuse of those weapons.
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April 26, 2024
DC Circ. Says Bomb Victims Can't Go After World Bank Or IMF
Victims of a 2016 terrorist bombing in Afghanistan who secured a $138.4 million judgment against the Taliban and other entities cannot attach assets held by the International Monetary Fund and World Bank that the victims alleged belong to the Taliban-controlled Afghan central bank, the D.C. Circuit ruled Friday.
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April 26, 2024
US Says 2 Chinese Nationals Smuggled Semiconductor Tech
The U.S. has charged two Chinese nationals with conspiring to smuggle semiconductor technology to a blacklisted Chinese company, according to an announcement from the U.S. Department of Justice.
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April 26, 2024
Pacific Territories Temporarily Freed From 'Buy America' Rules
The Northern Mariana Islands, Guam and American Samoa are exempt from "Buy America" requirements for certain federally funded infrastructure projects until March 2025, according to a policy the U.S. Department of Transportation released Friday to reduce the far-flung territories' infrastructure costs.
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April 26, 2024
Rep. Stefanik Calls For DOD To Kick Off Critical Mineral Policy
Rep. Elise Stefanik, R-N.Y., is urging the U.S. Department of Defense to speed up the implementation of a new policy to boost domestic processing of rare-earth elements, which are critical for military equipment, saying this will make the United States less reliant on China.
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April 26, 2024
Insurer Signs First Settlement Over Russia-Stranded Planes
An aircraft lessor and an insurer have settled their fight over payouts for planes stranded in Russia after its invasion of Ukraine, the first agreement out of dozens of battles worth billions of dollars involving major insurers.
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April 25, 2024
GOP Lawmakers Want Intel Chip Exports To Huawei Blocked
Sen. Marco Rubio, R-Fla., and Rep. Elise Stefanik, R-N.Y., demanded Wednesday that the U.S. Department of Commerce "immediately revoke" all export licenses granted to Huawei, following the Chinese technology giant's recent announcement that it plans to use new Intel chips with artificial intelligence capabilities in its latest personal computers.
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April 25, 2024
Court Brushes Off Door Co.'s Bid To Hasten Duty Refund
The U.S. Court of International Trade backed U.S. Customs and Border Protection's timeline for unwinding duties on door thresholds from Vietnam after the agency reversed a previous evasion finding, saying CBP's redetermination became final after the court's approval.
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April 25, 2024
7th Circ. OKs Pausing Nail Polish IP Suit For Ownership Fight
A company registered in New Jersey that sells nail polish has failed to persuade a federal appeals court to let it move ahead with its trade secrets case in a Chicago federal court against its former business partners in China until first resolving an ownership dispute "lurking just beneath the surface."
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April 25, 2024
Dominican Republic, Uzbekistan No Longer On IP Watch List
The Office of the U.S. Trade Representative announced Thursday it has removed the Dominican Republic and Uzbekistan from its watch list of countries with poor track records on intellectual property protection, keeping close trade partners Mexico and Canada on the roster.
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April 25, 2024
UK Antitrust Arm Frontloads In-Depth Merger Probes
U.K. antitrust authorities finalized extensive changes Thursday to their in-depth merger probes, with an emphasis on frontloading the process for sooner — and more informal — talks with companies under investigation.
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April 24, 2024
Energy Charter Treaty Backlash Hints At Broader Arbitration Woes
Lawmakers in Europe on Wednesday overwhelmingly consented to the European Union's withdrawal from the Energy Charter Treaty, adding to an increasing global backlash against investor-state arbitration that was also laid bare in a vote by Ecuadorians decisively rejecting the mechanism this past weekend.
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April 24, 2024
Hedge Fund Says Credit Suisse Misled On Bonds' Health
U.S.-based hedge fund Appaloosa LP is accusing the former Credit Suisse in New Jersey federal court of misleading investors about its financial health before $17 billion of its bonds were wiped out in a merger with its Swiss competitor UBS.
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April 24, 2024
EU Court Won't Disturb Spanish Tax Break Rulings
A Spanish company on Wednesday lost its attempt to legitimize a tax scheme declared illegal by the European Commission when the European Union's General Court rejected its appeal, refusing to disturb prior decisions in the long-running dispute.
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April 24, 2024
Feds' 'Sparse' Explanations Call For Remand, Says Rebar Co.
An error and "sparse" justification underpinning a countervailing duty assessment required the U.S. Court of International Trade to remand the results of the fifth review of Turkish rebar tariffs, counsel told CIT Judge Gary S. Katzmann on Wednesday.
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April 24, 2024
US Solar Cos. Call For Duties On Cells From Southeast Asia
Seven U.S. solar manufacturers on Wednesday called on the U.S. government to impose duties on solar cells from four Southeast Asian countries, saying a surge in production in those countries — much by Chinese-owned companies — has been undercutting the domestic market.
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April 24, 2024
Chicago Museum Accuses New York DA Of Art Seizure Overreach
The Art Institute of Chicago has urged a New York criminal court to give back an Egon Schiele drawing seized by the Manhattan District Attorney's Office, saying the artwork was never looted by Nazis and prosecutors have no business litigating a civil ownership dispute.
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April 24, 2024
Senate OKs Testimony And Evidence For Menendez Trial
U.S. senators and current and former staff members have received approval to testify at the bribery trial of Sen. Robert Menendez of New Jersey, which begins in federal court in New York on May 13.
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April 23, 2024
Security Concerns May Hamper AUKUS Partnership
The U.S. Department of State is facing pressure from Congress to ease export controls to support the fledgling AUKUS defense partnership, but concerns over Australia and the U.K.'s readiness to protect U.S. weapons technology may be causing it to stall.
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April 23, 2024
US Gun Cos. Tell Justices Mexico Is Circumventing Law With Suit
A group of American firearm makers is asking the Supreme Court to throw out a suit from the government of Mexico alleging they have aided and abetted cartels, saying the First Circuit broke with the high court's precedent by allowing the case to proceed.
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April 23, 2024
Chinese Foam-Making Chemicals Dominate Market, Co. Warns
The U.S. subsidiary of an Israel-based chemical manufacturer urged the U.S. government Tuesday to impose anti-dumping and countervailing duties on Chinese-origin alkyl phosphate esters, saying imports of the chemical commonly used in making polyurethane foam are taking over the U.S. market.
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April 23, 2024
Baltimore Sues Owners Of Ship That Crashed Into Key Bridge
Baltimore wants the owners and operators of the cargo ship that knocked down a part of the Francis Scott Key Bridge to pay for the rebuild and cover billions of dollars of revenue the city will likely lose out on while its port is shut down, according to a federal complaint the municipality's leaders filed Monday.
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April 23, 2024
Trade Court Orders Feds To Rethink Canadian Lumber Duties
The U.S. Court of International Trade ordered the U.S. Department of Commerce to redo countervailing duties on Canadian lumber, saying the department must better explain its refusal to check whether suppliers for investigated companies had received government subsidies.
Expert Analysis
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A
Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.
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Key Terms Of European Hydrogen Bank's 2023 Pilot Auction
The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Int'l Regulatory Collabs Can Expedite Pharma Approvals
Recent announcements highlight the growing importance of international regulatory collaboration for drug approval, which can greatly streamline the process for companies seeking to market their drugs in other countries, say Geneviève Michaux and Christina Markus at King & Spalding.
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Justices' Cert. Denial Of Terrorism Suit Means For Banks
The U.S. Supreme Court's denial of certiorari in Freeman v. HSBC Holdings lets stand the Second Circuit's decision on the narrow scope of conspiracy liability under the Justice Against Sponsors of Terrorism Act, providing protection for banks that otherwise could have faced liability for finance activities with limited connections to third parties' unlawful acts, say attorneys at Sidley.
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How Hamas' Attack May Further Complicate Sanctions Risk
In the wake of Hamas' attack on Israel, we anticipate that Western governments' attempts to further target Hamas and its enablers will make sanctions compliance for organizations operating within Gaza and the West Bank even more challenging, say Jason Prince and Sophie Davis at Crowell & Moring.
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Why US Should Help European Efforts To Fix SEP Licensing
The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Opinion
Forging A Fair Path For Standard-Essential Patents In India
The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.
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Considerations And Calculations For DOJ Clawback Program
The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.
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What Case Trends Reveal About Life Sciences Results At ITC
A look at recent U.S. International Trade Commission case data shows that pharmaceuticals, medical devices and other life sciences products constitute a growing share of the technologies involved in Section 337 investigations, with overwhelmingly positive results for companies seeking to protect their IP rights from foreign competitors, say Brian Busey and Daniel Muino at MoFo.