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International Trade
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January 03, 2024
EU Sanctions Target Russian Diamond-Mine Giant, Chief Exec
The European Union added a Russian state-owned diamond-mining giant and its chief executive on Wednesday to the sanctions list that bans imports from companies that provide substantial revenue to the country's government.
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January 02, 2024
Feds Plan To Drop 2nd Trial Against Bankman-Fried
Federal prosecutors have asked a Manhattan federal judge to consider evidence related to additional charges against FTX founder Sam Bankman-Fried as part of his March sentencing rather than litigate them at a second trial.
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January 02, 2024
Calif. Solar Cos. Accuse Biden Of Giving China 'Tariff Holiday'
Two California-based solar energy companies have launched a lawsuit challenging the Biden administration's pause on penalty duties for Southeast Asian companies found evading antidumping and countervailing tariffs on Chinese-made solar modules, accusing the administration of supporting Chinese manufacturers over vulnerable U.S. makers.
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January 02, 2024
Rep. Blumenauer Aims To Close Career With Trade Progress
Now entering his final year on Capitol Hill, Rep. Earl Blumenauer, D-Ore., has three trade bills pending and a vision for moving Congress forward on commerce.
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January 02, 2024
IRS Floats Initial Domestic Content Relief For Energy Credits
The Internal Revenue Service provided initial guidance for tribal governments, public utilities and other tax-exempt groups to get an exemption in 2024 from the domestic content requirements tied to clean energy tax credits as it prepares formal proposed rules on the exemptions.
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January 02, 2024
GoPro Shells Are Camera Parts, Not Cases, Trade Court Rules
The U.S. Court of International Trade has backed GoPro Inc.'s bid to wipe out import duties imposed on housings for its "Hero" line of action cameras, saying U.S. Customs and Border Protection should've classified them as duty-free parts and not cases.
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January 01, 2024
5 Supreme Court Cases To Watch This Spring
"Blockbuster," "momentous" and "historic" are all words that have been used to describe the U.S. Supreme Court's current term as the justices prepare for a spring docket jam-packed with questions over the level of deference courts should give federal agencies, whether and how social media companies should be regulated and whether government efforts to combat misinformation crosses the line between persuasion and coercion.
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January 01, 2024
Appellate Outlook: Circuit Splits & Hot Topics To Track In 2024
The 2024 appellate almanac is looking lively after eye-popping opinions and arguments in 2023's homestretch. As the new year begins, several circuit splits seem more serious, ideological imbalances are in the spotlight, and luminaries of the U.S. Supreme Court bar are locked in a burgeoning battle over alleged corporate complicity in terrorism.
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January 01, 2024
International Trade Policies To Watch In 2024
The Biden administration will continue reconfiguring commerce in 2024 in line with its “worker-centered trade policy,” a term that will continue to reshape supply chains and disrupt the World Trade Organization while Congress sifts through pending legislation. Here are Law360’s picks for trade policy areas to watch in 2024.
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January 01, 2024
International Trade Cases To Watch In 2024
A new lawsuit from importers alleging they were placed on a forced labor blacklist without explanation and the appeal in the test case headlining thousands of suits over tariffs on Chinese goods are primed to lead the trade court docket heading into 2024. Here are the cases and probes Law360 is keeping an eye on.
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December 28, 2023
Apple Watch Import Ban Put On Hold By Fed. Circ.
The Federal Circuit on Wednesday temporarily suspended a U.S. International Trade Commission ruling that banned imports of the Apple Watch in a patent dispute with Masimo Corp.
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December 26, 2023
White House Won't Veto ITC Apple Watch Import Ban
The Biden administration said Tuesday that it will not veto a U.S. International Trade Commission decision banning imports of the Apple Watch in a patent dispute with Masimo Corp., days after the tech giant stopped selling some models of the popular devices due to the ruling.
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December 22, 2023
SEC Fines Energy Co. $5M For Faking Inflated Revenue
The U.S. Securities and Exchange Commission has worked out a $5 million deal with a United Arab Emirates-based energy company that will allow it to settle charges that it committed fraud by lying to the agency about its revenue in order to sell $500 million in securities.
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December 22, 2023
Ex-Mozambique Finance Minister Can't Duck Tuna Bond Case
A New York federal judge denied a bid by a former finance minister of Mozambique to toss charges that he participated in the alleged $2 billion "tuna bond" bribery and investor fraud scheme, rejecting the minister's contention that the U.S. government was responsible for the 4½-year delay between his arrest in South Africa and extradition to New York.
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December 21, 2023
6th Circ. Dings FERC's Ex-Chair For Action On Price-Cap Rule
The Federal Energy Regulatory Commission's former chair overstepped his authority when he reinstated the price ceiling for an electricity market run by the country's largest grid operator without the backing of his colleagues, a split Sixth Circuit ruled Thursday.
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December 21, 2023
TikTok, Others Face GOP Heat Over Data Privacy, Fake Goods
Two influential House Republicans are pressing TikTok, Alibaba, Shein and several other China-based e-commerce companies to provide more information about what they're doing to combat data privacy and security risks, the dissemination of counterfeit products and the occurrence of human rights violations on their platforms.
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December 21, 2023
Split Pa. Panel Sends Asbestos Corporate-Veil Fight To Jury
A split Pennsylvania appellate panel has found that a trial judge erred in concluding on summary judgment that asbestos plaintiffs couldn't pierce the corporate veil and go after a defunct firm's parent company while one judge wrote in dissent that the litigation should be time-barred.
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December 21, 2023
11th Circ. Affirms 4.75 Yrs For Fla. Man's Libya Diving Exports
The Eleventh Circuit on Wednesday affirmed the conviction and nearly five-year sentence for a man found guilty of illegally exporting diving equipment to Libya, rejecting his arguments that there was insufficient evidence to support his conviction.
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December 21, 2023
Venable Trade Guru On US Steel-Nippon's Tough Road Ahead
When U.S. Steel agreed to sell to Japan's Nippon Steel Corp. in a $14.9 billion deal, a swift backlash emerged, including from lawmakers in both parties and the union that had pushed U.S. Steel for months to cut an agreement with a domestic buyer.
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December 21, 2023
Year In Review: The Biggest Trade Decisions Of 2023
This year saw the trade court back sweeping tariffs on Chinese goods in a blockbuster case covering more than $300 billion worth of imports, while the Federal Circuit and U.S. Supreme Court left controversial national security duties untouched. Here, Law360 looks back at the biggest trade cases of 2023.
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December 21, 2023
Buyer Can't Land Class Cert. In American Tuna False Ad Suit
A California federal judge on Thursday denied class certification to a buyer who alleges he was misled by American Tuna Inc.'s claims that its products are from fish caught in U.S. waters, saying he hasn't proved that he saw the allegedly false claims at issue.
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December 21, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen CNA Insurance and other insurers embroiled in a breach of contract claim by lender Mercantile Trust, easyGroup brought its latest intellectual property claim against acclaimed band Easyfun, and an exhibit dedicated to the late architect Zaha Hadid has found itself under further legal proceedings. Here, Law360 looks at these and other new claims in the U.K.
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December 20, 2023
Menendez Wants 2-Month Delay Of Bribery Trial
U.S. Sen. Robert Menendez, D-N.J., asked a New York federal judge Wednesday to postpone an explosive bribery case — the government's second — for two months, citing the complexity of an additional, unprecedented foreign-agent charge. If the delay is granted, the May 6 trial would be pushed to early July.
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December 20, 2023
Judge Quickly Rejects SBF's Bid To Delay Sentencing Hearing
A New York federal judge on Wednesday quickly rejected Sam Bankman-Fried's request for a six-week sentencing adjournment, posting his denial order before the motion was officially docketed, saying that the defense has already been granted one extension and has had plenty of time to prepare for the upcoming scheduled dates.
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December 20, 2023
Imports Harmed US Mattress Industry, Trade Court Says
The U.S. Court of International Trade backed the U.S. International Trade Commission's decision that mattress imports from eight countries harmed domestic producers despite the ITC's problematic handling of some data on the record, saying its findings were still reasonable.
Expert Analysis
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The Multimillion-Dollar Patent Consequences Of 'A' Vs. 'The'
Two Federal Circuit cases last month provide exemplary applications of both the general rule and its exception when interpreting the exact meaning of the indefinite articles "a" and "an" in patent claims, say attorneys at Shearman.
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Minimizing Discrimination Risks In Export Control Compliance
A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.
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M&A Considerations For European Cos. Acquiring US Entities
As investment banks forecast a resurgence of mergers and acquisitions later this year, European companies seeking to acquire U.S. businesses should be aware of key procedural differences and federal regulatory requirements that will affect the process, timing and terms of the transaction, say attorneys at Mintz.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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How EU ESG Regs Affect US Financial Market Participants
The European Commission recently confirmed that the Sustainable Finance Disclosure Regulation applies to all funds marketed in the EU, so affected U.S. financial market participants will need to consider the new guidance on principal adverse impacts, sustainable investments and promotion of carbon emissions reductions, say attorneys at Debevoise.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Climate Change Clarifications To Expect From World Court
The upcoming International Court of Justice advisory opinion on climate change could help frame states' obligations and shape businesses' climate strategies, and the proceedings provide stakeholders with the opportunity to present their views on environmental responsibilities, say attorneys at Covington.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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What Could Be On The Horizon For FARA Reform
The U.S. Department of Justice is set to issue new Foreign Agents Registration Act rules in the coming months, and based on public comments, recent advisory opinions and congressional reform proposals, clarification of the statute’s scope, definitions and exemptions may be coming, says Tessa Capeloto at Wiley.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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UK Ruling Offers Useful Guidance To Insolvency Practitioners
The recent U.K. High Court ruling in a matter involving Sova Capital represents the first unsecured credit bid to be approved by an English court, demonstrating a pragmatic approach to complex sanctions-related administrations and identifying a novel solution for insolvency practitioners to maximize value for the benefit of creditors, say attorneys at Katten.