In an effort to assist automotive suppliers in making informed legal and operational decisions, Foley & Lardner has released an update, highlighting both challenges and opportunities within the automotive industry. This is against the backdrop of dynamic shifts and regulatory developments influencing the sector. Foley & Lardner, the prestigious international law firm, is slated to…
On August 23, 2023, an announcement by the U.S. Department of Commerce sent ripples through the solar sector. Their publication disclosed final affirmative circumvention determinations on solar products originating from Cambodia, Malaysia, Thailand and Vietnam. Predominantly, these findings aligned with those issued in a set of preliminary determinations from December 2022. This decision by Commerce…
Welcome to the August 2023 edition of ‘Avantage concurrentiel par Blakes’ – a monthly update put together by Blakes’ Competition and Antitrust groups and Foreign Investment group. This publication provides an overview of recent developments in Canada’s competition law. It primarily focuses on the enforcement activities of the Canadian Competition Bureau (the “Bureau”) and recent…
In a significant development on August 18, 2023, the International Trade Administration (“ITA”) of the U.S. Department of Commerce issued a final “country-wide” circumvention determination surrounding the imposition of anti-dumping and countervailing import duties on certain solar cells and modules originating from Vietnam, Cambodia, Malaysia, and Thailand. This ruling escalates the conversation on circumvention, a…
On August 28, 2023, the Bureau of Industry and Security (BIS) within the US Department of Commerce (DOC) issued a proposed rule to modify certain aspects of the procedure for requesting exemptions from the Section 232 tariffs on steel and aluminum. The proposed change is now open for public discussion, signaling an opportunity for corporations…
The U.S. Department of Commerce (“Commerce”) has recently leveled its final determination, signaling the closure of a long-running circumvention investigation. This investigation focused on whether crystalline silicon photovoltaic (“CSPV”) cells and modules imported from Cambodia, Malaysia, Thailand, and Vietnam (collectively referred to as “the target countries”) were being used as conduits to circumvent antidumping duty…
On August 23, 2023, the White House Office of Management and Budget (OMB) issued its final guidance, a noteworthy shift in policy that endeavors to implement the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA). Hogan Lovells, a multinational legal practice, delivered a detailed examination of these developments. The…
In recent years, nonpracticing entities have become increasingly active at the U.S. International Trade Commission. In fact, they have been responsible for bringing about a record 32% of Section 337 Investigations in 2022. This rise can be traced back to when Congress amended Section 337 in 1988. The amendments specifically allowed intellectual property rights-holders that…
The International Trade Commission (ITC) has become an increasingly significant venue for the resolution of intellectual property disputes. On September 13, 2023, at 1:00 PM (EDT), Directors Uma N. Everett, Paul A. Ainsworth, and Josephine Kim will offer a webinar titled “Strategic Use of the ITC as a Complainant”. During this webinar, the trio will…
In an exciting update from the legal arena, experienced trade lawyer Carlos Véjar, who formerly functioned as the general counsel for international trade at the Mexican Economy Ministry, has reportedly made a significant career switch. Originally at Holland & Knight, Véjar has now moved his allegiance and expertise to White & Case in Mexico. This…
In a strategic move addressing national security concerns, the Biden Administration has issued a long-anticipated Executive Order regarding investments in Certain National Security Technologies and Products in “Countries of Concern”. Expected to trigger a new outbound investment review regime, the Order is set to impose compliance obligations for U.S. investors, specifically within high-technology industries with…
In the rapidly evolving world of corporate law, staying ahead requires not just understanding the existing regulations, but also being able to anticipate and handle new legal frameworks. Furthering this knowledge is an indispensable webinar titled ‘Mastering the Art of Prior Disclosures: Uncover Hidden Strategies and Avoid Pitfalls’. Taking place on the 29th of August…
On August 9th, 2023, a significant shift was seen in US trade policy with China, including Hong Kong and Macau, when President Joe Biden signed an Executive Order. This Order has set the outline for investment restrictions in these regions, displaying a new approach in matters of global trade and national security. The Executive Order…
Global trade laws and customs regulations continuously undergo changes, presenting unique challenges for multinational corporations and firms involved in import and export. Successfully navigating these challenges is crucial for maintaining compliance and avoiding legal complications. From a legal perspective, any organization involved in international trade must be familiar with customs, including common red flags and…
Ever since the United States Customs and Border Protection (CBP) designated intellectual property rights (IPRs) as a priority trade issue, the agency has seized billions of dollars in counterfeit goods. According to the JD Supra report, in 2021 and 2022, CBP seized counterfeit goods worth $3.3 billion and $2.98 billion respectively. In the light of…
On May 17, 2022, a California federal judge granted Mayer Brown LLP an attorney fee award amounting to $2.5 million. The legal giant’s receipt of this substantial sum follows the firm’s successful litigation against a New Jersey-based company operative in waterworks and fire protection. The company, whose name has not been disclosed, was found guilty…
In the latest episode of Talking Ag Biotech, Keith Matthews and Chris Wozniak were joined by a new guest, Kimberly Reynolds of Wiley’s International Trade Practice. The central topic of their discussion was the current U.S. Canada-Mexico Agreement (USMCA) Genetically-Engineered (GE) corn trade dispute. This situation has come about as a result of Mexico’s decision…
The escalating stakes in Sino-American relations are under the global spotlight, as both Washington and Beijing ramp up their trade policies, often justifying them under the banner of national or economic security. Notably, the political risks for U.S.-based businesses remain significantly elevated, given that both governments are poised to impose new export restrictions and increase…
The ongoing patent battle over Apple Watch could potentially transform the role of the U.S. International Trade Commission (ITC), according to Apple Inc. The technology giant has recently expressed its concerns to the Federal Circuit regarding the ITC’s decision to ban the importation of Apple Watches due to patent infringement claims. In response to the…
The enduring rise of arbitration as a chosen route for dispute resolution has led to a surging requirement for arbitral awards to be acknowledged and executed in offshore jurisdictions. This developing trend is an observation underlined by some of the world’s strongest offshore jurisdictions— Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland, and…
The realm of international trade and commerce is host to a multifaceted system of export control regimes. These systems are meticulously designed to bolster national security, limit the proliferation of sensitive technologies, and guarantee strict compliance to economic and trade sanctions. For organizations engaged in export activities, it’s essential to understand that violating these export…
In a significant move for corporate legal professionals working within international trade, the Court of Appeals for the Federal Circuit (CAFC) has refused to reverse a Court of International Trade (CIT) decision concerning a reliquidation order. The case in question involved a dispute between Target Corporation and the United States government. This refusal by the…
In August 2023, one of the standout topics in international trade revolves around the United States-Taiwan Initiative on 21st-Century Trade, which was officially formalized around June this year. This initiative is more than just a trade agreement. In an article penned by Braumiller Law Group, PLLC, they suggest this development might also be seen as…
In the realm of international trade, the role of customs brokers is essential, and maintaining their competency through formal accreditation has been historically significant. Recently, changes to U.S. Customs & Border Protection (CBP) regulations have made this even more critical. The CBP published the Final Rule on continuing education for individual customs broker license holders…
Alt Legal, the cloud-based trademark docketing software company, has announced their fourth and most recent acquisition to be the docketing business and customers of TM Cloud, a competing provider of trademark and intellectual property docketing software. This acquisition sees Alt Legal expanding its customer base even more both domestically throughout the United States and across…