The International Trade Group of Skadden, Arps, Slate, Meagher & Flom LLP and affiliates ("Skadden") represents clients worldwide with respect to a wide array of international trade matters — offering a unique range of services on high-profile and complex international trade litigation as well as regulatory and transactional issues. For more than 25 years, the group has maintained one of the most successful trade litigation practices in the country, representing the most significant users of the trade remedy laws (including antidumping, countervailing duty and Section 201 safeguards matters) and litigating scores of major cases across global venues every year. Our litigation practice is complemented by a full range of services in all major areas of international trade, including vibrant practices in the export control and customs areas, major representations relating to foreign market opening initiatives, experience on the trade effects of potential legislation relating to climate change, and a preeminent role in advising on international trade negotiations and domestic policy issues. Skadden’s International Trade Group includes lawyers who have served at the highest levels of government. We provide clients with legal strategies that fully reflect the larger public policy and governmental relations issues that are often critical to a successful outcome.
On the trade litigation front, Skadden has one of the most active trade remedy practices in the United States and has extensive experience in antidumping and countervailing duty litigation. We routinely represent major U.S. companies in some of the most significant antidumping and countervailing duty proceedings considered by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC). In particular, we have represented major steel producers in such proceedings before the DOC and the ITC and in related appeals before the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit and North American Free Trade Agreement (NAFTA) binational panels. Skadden also has participated in numerous dispute settlement proceedings under the World Trade Organization (WTO) and its precursor, the General Agreement on Tariffs and Trade.
Skadden’s international trade attorneys have broad experience in matters involving U.S. export controls and anti-boycott requirements. We regularly advise U.S. and international companies on such matters in virtually all sectors of the economy, including companies in the oil and gas industry, software and high-technology companies, defense contractors, telecommunications companies, pharmaceutical and biotechnology companies, companies in the automotive industry, nuclear energy companies and financial institutions (including private equity funds and hedge funds). We advise clients on interpreting the scope and applicability of U.S. export controls and anti-boycott requirements, determining the export classification of products and technologies, obtaining licenses and other authorizations for exports, obtaining commodity jurisdiction determinations and defending clients in enforcement actions. We frequently assist clients in the development and implementation of internal compliance programs, the conduct of internal investigations and the design of remedial measures.
Our experience is equally broad in matters involving U.S. customs laws and regulations. We regularly advise clients in selecting the appropriate tariff classification for their products, in the valuation of merchandise being imported and in determining the appropriate country of origin for imported merchandise. Moreover, we help clients to comply with the requirements of free trade agreements such as NAFTA so they may achieve maximum duty savings for their products. Our customs work also includes working with clients to establish internal customs compliance programs and to defend against enforcement actions taken by U.S. Customs and Border Protection.
Skadden has significant experience working with clients to open or maintain international markets for their products or services. We advise clients regarding potential claims they may have under international trade agreements, and we pursue such claims with the relevant government authorities. These initiatives frequently require extensive treaty analysis; coordination with Skadden’s offices worldwide to provide on-the-ground insight, research and services; and wide-ranging efforts to mobilize government support and coordination — services that Skadden is uniquely qualified to provide.
In addition, the group provides extensive advice and support with respect to major international trade negotiations. We were active in the NAFTA and Uruguay Round negotiations and in the development of the legislation and regulations implementing the results of those negotiations. Currently, Skadden represents client interests in WTO negotiations and in negotiations for bilateral and multilateral free trade agreements, including the Trans-Pacific Partnership.
In 2014, Skadden received a Chambers USA "Award for Excellence" in recognition of the firm’s International Trade and CFIUS practices.