International Trade

  • November 18, 2024

    Treasury Finalizes Tougher Foreign Investment Law Penalties

    The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.

  • November 18, 2024

    Medical Group Wants Justices To Review IP Safe Harbor Fight

    A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.

  • November 18, 2024

    Alstom Wants Injunction In Dispute Over 'Buy America' Waiver

    Train manufacturer Alstom has urged a D.C. federal judge to block a pending federal disbursement for a $12 billion high-speed rail project, saying the payment could "irrevocably" allow the project to use trainsets that violate federal "Buy America" requirements.

  • November 18, 2024

    Former GE Exec Guilty Of Faking Docs In $1.1B Power Deal

    A Manhattan federal jury on Monday convicted a former GE Power executive of using forged documents, then taking a $5 million kickback, in what federal prosecutors called a corrupt effort to close a $1.1 billion energy deal in Angola.

  • November 18, 2024

    Trade Court Orders Rethink Of Brazilian Lemon Juice Duties

    The U.S. Court of International Trade has ordered trade officials to reconsider duties on Brazilian lemon juice, finding they failed to acknowledge that a Brazilian supplier and a Louis Dreyfus Co. subsidiary were reliant on each other.

  • November 15, 2024

    Ex-GE Exec's Connection To Forged Docs Is Clear, Feds Say

    Prosecutors told a New York federal jury Friday that trial evidence clearly proves a former GE executive knowingly used forged documents to secure a $1.1 billion gas turbine deal in Angola and demanded millions of dollars for his troubles.

  • November 15, 2024

    Defense Policy Outlook Under The New Trump Administration

    Donald Trump's pending return to the White House is expected to bring significant changes to defense and national security policy, including a potentially larger but less diverse military, an increase in domestic sourcing and a more transactional relationship with allies.

  • November 15, 2024

    Venezuelan Lawyer Relied On Ex-Dentons Atty In $54M Swap

    A Venezuelan lawyer suing Dentons over a failed $54 million bolivar-to-dollars currency swap admitted Friday on the stand that he did not do any due diligence for the transaction but instead relied on what he called misinformation from an ex-Dentons attorney that she relayed to his representative.

  • November 15, 2024

    New Trade Secrets Case Brought In Trucker Tracking Row

    A fight between two neighboring San Francisco startups that sell artificial intelligence-powered software used to monitor truck drivers has resulted in yet another lawsuit: a new state court case that accuses a CEO of personally "texting and meeting in person" with competing sales reps in order to obtain trade secrets. 

  • November 15, 2024

    Trader Joe's Burger Maker Gets $3M For Bony Chicken Batch

    A chicken wholesaler has agreed to pay $3 million to the former maker of the Trader Joe's-branded "Chili Lime Chicken Burgers" to end claims that it sent bony chicken shipments down the supply chain while misrepresenting the poultry as boneless, ultimately fueling consumer complaints.

  • November 15, 2024

    Semiconductor Co. ASML Faces Suit Over Trade Downturn

    Semiconductor industry supplier ASML Holding NV has been hit with a shareholder class action alleging that it stunned investors as it significantly lowered its 2025 revenue forecast after earlier brushing off the potential impact of economic headwinds affecting its industry.

  • November 15, 2024

    OFSI Expands Sanctions Rules In Bid For More Intelligence

    Britain's sanctions enforcer has introduced new rules requiring a greater number of businesses to report potential breaches of restrictions imposed following Russia's invasion of Ukraine, closing gaps for the likes of precious metal traders, art dealers, insolvency practitioners and letting agencies. 

  • November 15, 2024

    MVP: King & Spalding's Stephen J. Orava

    Stephen Orava, chair of King & Spalding's global trade practice, brought a family-owned pea protein company across the finish line when the U.S. International Trade Commission unanimously affirmed that plant proteins from China were hurting the domestic industry and took the reins on developing strategies targeting the potential impacts of China's overcapacity in chemical sectors, earning him a spot as one of the 2024 Law360 International Trade MVPs.

  • November 14, 2024

    Chinese Amazon Sellers Say Firm Botched Settlement Talks

    A group of Chinese electronics sellers have slapped a small New York law firm with a $6.4 million malpractice lawsuit, saying the firm torpedoed a potential settlement with Amazon after the online behemoth deactivated their seller accounts and withheld millions of dollars of their profits.

  • November 14, 2024

    DOD Wants Contractors To Report Foreign Code Sharing

    The U.S. Department of Defense issued a proposed rule on Thursday requiring technology and weapons vendors to reveal whether they share source code with foreign governments, in an effort to curb potential cybersecurity risks.

  • November 14, 2024

    Trade Court Won't Relitigate Customs Broker Exam Dispute

    The U.S. Court of International Trade has tossed a second suit brought by a Nebraska man challenging a question on his customs broker exam, finding that he had brought the same challenge to that question the first time around.

  • November 14, 2024

    Importer Says Its Duty Probe Answers Give It Standing To Sue

    A company that imports mattresses has hit back at the government's argument that the importer cannot challenge duties it incurred because it didn't participate in an investigation into the tax, saying the company provided factual data in response to a questionnaire during the probe.

  • November 14, 2024

    MVP: Covington's Heather Finstuen

    Covington & Burling LLP's Heather Finstuen won regulatory approval for two companies' $7.9 billion acquisition of a nuclear power company, Westinghouse Electric Co., and BAE Systems Inc.'s $5.6 billion purchase of Ball Aerospace, earning her a spot as one of the 2024 Law360 International Trade MVPs.

  • November 13, 2024

    Docks Co. Urges 11th Circ. To Rehear Split Cuba Port Ruling

    Havana Docks Corp. has urged the Eleventh Circuit to grant a full panel rehearing over the court's split ruling to reverse a $440 million win against several luxury cruise companies for using a Cuba port terminal that was confiscated by the country's government, saying the ruling by a three-judge panel contradicted the law.

  • November 13, 2024

    Nigeria Asks Justices To Take Up Circuit Split On Sovereigns

    Nigeria has urged the U.S. Supreme Court to determine whether the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards mandates judicial enforcement of arbitration awards against sovereign nations for cases that arise solely from their roles as sovereigns.

  • November 13, 2024

    Indigenous Groups Can Join Colombia's Fight With Glencore

    An international tribunal has agreed to allow two Indigenous Wayuu communities to express their views about a massive mining project's water use in an arbitral dispute between commodities giant Glencore International AG and the Republic of Colombia.

  • November 13, 2024

    Trump Is Poised, Once Again, To Jolt US Trade Policy

    Donald Trump's first stint in the White House saw steep tariffs against China and other trade partners, and with the Biden administration having largely maintained and even expanded those levies, the president-elect is well-positioned to further pull those levers.

  • November 13, 2024

    FTX Prosecutors Tout Tech Chief's 'Outstanding Cooperation'

    Manhattan federal prosecutors urged a lenient sentence for former FTX technology chief Zixiao "Gary" Wang, telling the court on Wednesday that his "outstanding cooperation" was instrumental in securing the lightning-fast indictment and ultimate conviction of founder Sam Bankman-Fried for an $11 billion fraud that sank the crypto exchange.

  • November 13, 2024

    LNG Co. Says Full DC Circ. Must Revive Texas Project

    The company behind a liquefied natural gas project on the Texas Gulf Coast urged the full D.C. Circuit on Wednesday to vacate a panel's ruling nixing its federal approval, citing another panel's decision finding the White House Council on Environmental Quality's National Environmental Policy Act regulations are unenforceable.

  • November 13, 2024

    Trump Picks Former Democrat Gabbard For Intelligence Chief

    President-elect Donald Trump said Wednesday that he had chosen former Rep. Tulsi Gabbard as his nominee for director of national intelligence, also confirming he had chosen Sen. Marco Rubio, R-Fla., as his secretary of state.

Expert Analysis

  • GAO Decision Offers Insights On Verifying TAA Compliance

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    The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Smith's New Trump Indictment Is Case Study In Superseding

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    Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • How BIS' Rule Seeks To Encourage More Voluntary Disclosure

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    Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

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