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International Trade
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January 24, 2024
Orrick Brings In First-Chair IP Trial Lawyer From Venable
Timothy Carroll joined Orrick Herrington & Sutcliffe LLP as a partner and first-chair intellectual property trial lawyer from Venable LLP on Wednesday, bringing his expertise in federal court and U.S. International Trade Commission trials to the firm's IP litigation practice, Orrick said.
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January 24, 2024
Staff Duped GSA To Buy Banned Chinese Cameras, IG Finds
U.S. General Services Administration personnel gave a contracting officer "egregiously flawed information" so they would approve buying dozens of Chinese videoconference cameras, despite a federal law barring federal agencies from sourcing products from China, the agency's inspector general has reported.
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January 24, 2024
Family Tries To Revive Suit Over Cuban Port Property
The former owner of land near the port of Mariel, Cuba, asked the Eleventh Circuit on Wednesday to revive its suit accusing Seaboard Marine Ltd. of "trafficking" in property seized by Fidel Castro's government, arguing that the district court had too narrowly interpreted the Helms-Burton Act.
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January 24, 2024
Feds Can't Pause Duty Evasion Suit For Evidence Review
The U.S. Court of International Trade refused to pause an iron importer's lawsuit protesting a determination that it routed Chinese pipes through Cambodia to evade tariffs, saying the government's offer to let the importer review its evidence is unlikely to change the determination.
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January 24, 2024
Trade Court Says Oil Pipes Evaded Duties On China
The U.S. Court of International Trade affirmed a U.S. Department of Commerce determination that oil pipes were minimally processed in Brunei and the Philippines to evade duties targeting China, rejecting two companies' contention that Commerce wrongly considered their manufacturing process.
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January 23, 2024
Australia, US, UK Sanction Russian Over Medibank Hack
Officials from Australia, the U.S. and the United Kingdom revealed Tuesday that they had sanctioned a Russian national believed to have played an integral role in a 2022 cyberattack that hit Australian health insurer Medibank Private Ltd., marking the first time the three nations have made such a coordinated strike.
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January 23, 2024
We Simply Must Investigate That Expert, ITC Says
U.S. International Trade Commission lawyers say that a federal court ruling in 2023 preventing it from continuing to investigate a lawyer hired by Qualcomm for alleged violations of a protective order was "counterintuitive and troubling," and must be reversed.
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January 23, 2024
50 Cent Can Look At Ex-Liquor Boss's Assets For $7M Award
A Connecticut bankruptcy judge is allowing rapper Curtis "50 Cent" Jackson's cognac company to examine assets belonging to its former brand manager, a move that could help the artist behind "In Da Club" recover a roughly $7 million judgment for claims accusing the now-insolvent ex-employee of stealing from the business.
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January 23, 2024
Wash. Firm Must Face Suit Over Lost $1M Escrow Fund
A Spokane, Washington, firm must face claims that it mishandled $1 million of investor funds, a federal judge in the Evergreen State has determined, saying that although the investors were not law firm clients, "pleadings are sufficient to establish that plaintiffs' injury plausibly would not have occurred but for the acts and omissions of defendants."
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January 23, 2024
Commerce Expands Sanctions Against Russia, Belarus, Iran
The U.S. Department of Commerce issued a final rule on Tuesday expanding and refining recent industrial and drone-related sanctions imposed on Russia, Belarus and Iran, citing Russia's "ongoing aggression" in Ukraine and Belarus and Iran's "complicity" with and support for that invasion.
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January 23, 2024
Estée Lauder Too Reliant On China Resellers, Investors Claim
Luxury cosmetics company Estée Lauder was hit with a proposed class action alleging it concealed that stricter regulations on resellers in China were causing them to purchase fewer Estée Lauder products, which resulted in excess inventory throughout the supply chain and slowing sales at the company.
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January 23, 2024
Sen. Menendez Wants To Nix Gold Bars From Bribery Case
U.S. Sen. Robert Menendez has asked a New York federal court to nix gold bars and other evidence federal prosecutors uncovered pursuing their second corruption case against him, suggesting the government weaponized unconstitutionally broad warrants to avenge a failed first attempt to convict the New Jersey Democrat.
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January 23, 2024
Oligarchs May Be Exploiting Art Facilities To Dodge Sanctions
Facilities storing valuable artwork should be on the lookout for designated Russian individuals who may have squirreled away pieces in order to evade international sanctions, the National Crime Agency warned Tuesday.
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January 22, 2024
DC Circ. Mulls Enforcing $486M Award Against Djibouti
The D.C. Circuit spent the better part of an hour Monday morning trying to sort out the intricacies of a dispute between the Republic of Djibouti and a Dubai-based state-owned shipping coordinator over a $486 million arbitral award.
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January 22, 2024
EU Steel Deal May Not Be In The Cards, Ex-GC Says
Following the breakdown in negotiations with the European Union for the Global Arrangement on Sustainable Steel and Aluminum last year, the Office of the U.S. Trade Representative was open to parting ways with Brussels in pursuit of a new status quo for global steel production, according to the former lead negotiator in the talks.
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January 22, 2024
Nestle Shopper Seeks Class Cert. In Child Labor Labeling Suit
A shopper asked a California federal judge to certify multiple classes of Golden State consumers who challenge Nestle's "sustainably sourced" chocolate labels, arguing it knows its cocoa is sourced from farms "rampant with child labor and destructive environmental practices" and the dispute can be resolved on a classwide basis.
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January 22, 2024
Trade Court OKs Third Try At Russian Fertilizer Duties
The U.S. Court of International Trade blessed Russian phosphate fertilizer duties that it had twice sent for reworking, finding that the U.S. Department of Commerce had sufficiently explained how it had calculated the financial benefits of certain phosphate mining rights.
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January 22, 2024
New US Sanctions Target Iraqi Airline And Hamas Financiers
The U.S. Treasury Department on Monday imposed sanctions on Iraqi airline Fly Baghdad for allegedly helping Iran's Quds Force, and on Hamas-affiliated financial networks that the department said facilitated funds transfers, including cryptocurrency transfers, from the Iranian military unit to Hamas.
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January 22, 2024
WTO Reports Less Wheat In Suez Canal Over Red Sea Attacks
Reports of cargo ship attacks in the Red Sea have caused wheat-carrying ships to avoid the Suez Canal, according to the World Trade Organization, which said wheat shipments through the canal fell nearly 40% over the past two weeks.
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January 22, 2024
US Co. Urges Fed Circ. To Yank Magnets' Duty-Free Status
Magnum Magnetics Corp. urged the Federal Circuit to overturn a trade court's decision to back duty-free treatment on magnetic shelf dividers from China, arguing that the court unlawfully classified flexible magnets as being as inflexible as the products they were bonded to.
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January 22, 2024
Task Force To Tackle Global Carbon Pricing Framework
A task force created by many of the largest intergovernmental organizations will hold its first meeting Jan. 30 to develop a global framework for carbon pricing that governments can use to compare policies, the World Trade Organization's director said Monday.
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January 22, 2024
Second Finnegan Alumnus Rejoins Firm In 2024
Finnegan Henderson Farabow Garrett & Dunner LLP has rehired its second attorney of 2024, who first joined the firm as a summer associate more than a decade ago, the firm announced Monday.
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January 22, 2024
MoFo Adds Sanctions Expert From Deutsche Bank As Partner
Morrison Foerster LLP has hired an expert in sanctions compliance as a partner to its national security group in London as the firm looks to bolster its practice during a period of geopolitical turmoil.
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January 19, 2024
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 19, 2024
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.
Expert Analysis
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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3 Developments That May Usher In A Nuclear Energy Revival
A recent advancement in nuclear energy technology, targeted provisions in the Inflation Reduction Act and a new G7 agreement on nuclear fuel supply chains may give nuclear power a seat at the table as a viable, zero-carbon energy source, say attorneys at Vinson & Elkins.
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Sanctions Compliance In Era Of Record Enforcement Action
The recent record-breaking penalties in separate actions against British American Tobacco and Seagate amid a sanctions violation crackdown are a reminder to prioritize factors emphasized by the National Security Division and other enforcement agencies, say attorneys at Buchanan Ingersoll.
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5 Insider-Threat Reminders After Recent DOJ Prosecutions
Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.
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What Tax-Exempt Orgs. Need From Energy Credit Guidance
Guidance clarifying the Inflation Reduction Act’s credit regime, expected from the U.S. Department of the Treasury this summer, should help tax-exempt organizations determine the benefits of clean energy projects and integrate alternative energy investments into their activities, say attorneys at Morgan Lewis.
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FCA Can Be An Effective Tool For Fighting Customs Fraud
Appeals pending before the U.S. Supreme Court and Ninth Circuit may affect the scienter and jurisdictional aspects of False Claims Act cases alleging customs fraud, which can provide an avenue to alert U.S. Customs and Border Protection and potentially help clients to recover losses from unfair competitors, say Ellen London at London & Stout and former Assistant U.S. Attorney Li Yu.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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Would Congress' Proposed ITC Reforms Thwart NPEs?
The recently reintroduced Advancing America's Interests Act intends to curb the growth of nonpracticing entity activity at the U.S. International Trade Commission, and a closer examination of three provisions shows where it may be successful and where pitfalls could exist, say attorneys at Axinn.
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Why Ericsson DPA Breach Is Precedent-Setting
Swedish telecommunications company Ericsson recently faced several penalties for breaching a deferred prosecution agreement, revealing a sobering new precedent for when the U.S. Department of Justice will find an entity in noncompliance, so companies should be prepared to revisit pre-resolution disclosures, say James Koukios and Sarah Maneval at MoFo.
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A Deep Dive Into EU Unified Patent Court Policy
Robert Sterne at Sterne Kessler offers a detailed analysis of the EU's Unified Patent Court and the unitary patent, which go live on June 1, discussing what U.S. practitioners need to know from an enforcement and freedom-to-operate perspective.
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US Security Exception Proposal May Undermine The WTO
A U.S. proposal, floated earlier this month, to clarify that the General Agreement on Tariffs and Trade's essential security exception is wholly self-judging would provide an unfettered ability for a country to avoid any of its World Trade Organization obligations, further destabilizing the WTO and international rule of law, say attorneys at Akin Gump.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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G7 Russia Restrictions May Further Complicate Compliance
New sanctions and export controls announced at the G7 summit targeting parties that help Russia circumvent existing restrictions signal continued multilateral commitment to intensifying economic pressure on Russia, and underscore the increasing compliance challenges for companies that pursue Russia-related opportunities, say attorneys at Ropes & Gray.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.