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International Trade
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February 06, 2024
Trade Commission Reverses Course, Calls Off Tin Mill Probes
The U.S. International Trade Commission determined Tuesday that tin mill products from Canada, China and Germany are not harming the domestic industry unfairly, freeing the imports from looming anti-dumping and countervailing duties set by the U.S. Department of Commerce.
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February 06, 2024
Feds Fight Sen. Menendez's Bids To Nix Charges, Split Trials
Federal prosecutors have asked a New York federal court to reject requests from U.S. Sen. Robert Menendez to dismiss his corruption case and to sever his trial from his wife's, arguing that the senator made "premature" factual arguments and incorrectly claimed immunity from prosecution as a senator.
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February 05, 2024
SEC's SolarWinds Suit May Chill Disclosures, Ex-Officials Say
A group of 21 former government officials from both Democratic and Republican administrations has urged a New York federal court to consider the possible chilling effects of public-private information sharing on cyber incidents in the U.S. Securities and Exchange Commission's case against SolarWinds.
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February 05, 2024
US Backs Spain In $386M Solar Award Cases
The Biden administration is urging the D.C. Circuit not to enforce some $386 million in arbitral awards issued to investors after Spain dialed back its renewable energy incentives, arguing that courts need not defer to arbitrators when deciding whether an arbitration agreement exists.
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February 05, 2024
Ex-Vitol Trader Wants 'Public Servant' Cut From FCPA Case
A former Texas oil trader accused of bribery by federal prosecutors in New York has asked a judge to reject the government's argument that employees of a U.S.-based affiliate of Mexico's state-owned oil company should be considered "public servants" under Mexico's anti-bribery law.
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February 05, 2024
Caterpillar Gets Tweaks To Antitrust Suit Blocked
A Delaware federal judge has refused to let a defunct construction equipment supplier add a new legal theory in its long-running antitrust case accusing Caterpillar of pressuring an online auctioneer to break its contract with a would-be competitor, finding no good cause to permit amendment years after the deadline.
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February 05, 2024
Senate Confirms Schagrin Partner To International Trade Court
The Senate voted 76-0 on Monday evening to confirm Schagrin Associates partner Joseph Laroski Jr. to the U.S. Court of International Trade, the second confirmation for this court in the past week.
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February 05, 2024
FERC Says It Followed Court's Orders With LNG Reapproval
The Federal Energy Regulatory Commission defended its reapproval of a Texas liquefied natural gas terminal Monday, telling the D.C. Circuit it addressed the appeals court's concerns after the court ordered the agency to revise its environmental reviews of the project.
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February 05, 2024
Lawmaker Seeks Rice Probe, Suspects Unfair Subsidies Afoot
The chair of the House Ways and Means Committee pressed the U.S. International Trade Commission to investigate the global rice market, expressing suspicions on Monday that overseas government assistance may be harming the U.S. rice sector.
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February 05, 2024
GOP Lawmakers' Concerns Spur Talks On German Royalty Tax
House Ways and Means Committee Republicans have been in touch with U.S. Treasury Department officials to address the lawmakers' concerns about a German withholding tax imposed on intellectual property registered in the country, a GOP lawmaker told Law360.
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February 02, 2024
Ex-Trump Aide Peter Navarro Seeks To Stay Free Amid Appeal
Former Trump White House adviser Peter Navarro argued Friday for remain out of custody pending appeal of his four-month sentence for refusing to comply with congressional subpoenas related to the Jan. 6, 2021, attack on the U.S. Capitol, citing "close questions" about whether he should've been able to assert an executive privilege defense.
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February 02, 2024
Atty Says Feds Duped Grand Jury In $12M Somali Fraud Case
Newly disclosed evidence of prosecutorial misconduct should end charges against a Maryland lawyer headed to trial in March over the alleged misappropriation of over $12 million in Somali state assets, his legal team told a federal judge Friday.
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February 02, 2024
US Chamber Calls SEC SolarWinds Suit An FCPA 'Power Grab'
The U.S. Chamber of Commerce on Friday urged a New York federal court to ax the U.S. Securities and Exchange Commission's suit against software provider SolarWinds Corp., saying the agency is using a provision of the Foreign Corrupt Practices Act as a power grab for broader corporate policing authority.
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February 02, 2024
Wells Fargo Gets Elder Abuse Suit Dismissed, For Now
A California federal judge on Thursday dismissed a lawsuit accusing Wells Fargo of facilitating a financial scam against a senior, saying that while the bank's employees should have known something was suspicious about the victim's transactions, the bank's alleged actions did not inherently constitute elder abuse.
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February 02, 2024
Aviation Biz Can't Recoup Duty With Floating Text, Judge Says
An airplane parts manufacturer couldn't claw back the duties it paid on imports that were ultimately reexported, failing to convince the U.S. Court of International Trade that floating text in the tariff schedule qualified the items for a duty drawback.
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February 02, 2024
BAT, Philip Morris Reach Patent Deal For Global Vape IP Fights
British American Tobacco and Philip Morris International Inc. said Friday that the companies had come to a settlement resolving multiple heated tobacco and vape patent infringement suits.
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February 02, 2024
Feds Charge 9 With Trafficking Sanctioned Iranian Oil
Nine foreign nationals have been charged with running an oil trafficking network to sell sanctioned fuel that helped finance the Iranian Islamic Revolutionary Guard Corps, which the U.S. government considers a terrorist organization, the Department of Justice said Friday.
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February 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Dentons sued by a former high-profile partner in Saudi Arabia, Jaguar Land Rover rev its engine in the intellectual property court against automotive company HaynesPro, and the Russian National Reinsurance Company tackle a settlement with BOC Aviation over stranded aircraft. Here, Law360 looks at these and other new claims in the U.K.
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February 02, 2024
GSA Lets Contractors Claim Rising Red Sea Shipping Costs
The U.S. General Services Administration has authorized agencies participating in its employee relocation program to reimburse shipping companies the extra costs of rerouting household goods shipments to avoid Houthi attacks on the Red Sea.
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February 01, 2024
Binance Enabled Hamas Fundraising, Oct. 7 Survivors Say
A mother and daughter taken by Hamas during the Oct. 7 attack in Israel as well as the family of two victims sued crypto-exchange Binance for allegedly allowing Hamas-linked accounts to transact on its platform and hiding that activity from U.S. regulators.
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February 01, 2024
Chinese Nationals Charged With Smuggling US Tech To Iran
The United States government has charged four Chinese nationals in Washington, D.C., federal court with unlawfully smuggling technology to entities in Iran that manufacture military products, the U.S. Department of Justice said in a statement Wednesday.
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February 01, 2024
175 Biz Groups Lobby WTO To Keep Block On Digital Duties
The World Trade Organization should renew a decades-old suspension of tariffs on electronic commissions at its upcoming Ministerial Conference to ensure a future of innovation and resiliency, 175 business associations from around the world told the WTO in a statement.
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February 01, 2024
Oil Price Cap Coalition Outlines Top Evasion Tactics
The countries behind the Russian oil price cap, or OPC, issued new guidance Thursday outlining the primary tactics used to evade the $60 per barrel limit, including the increasing use of byzantine corporate structures to hide prohibited transactions.
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February 01, 2024
Mexico Can't Confirm US Labor Claims At Fujikura Auto Plant
Investigators from Mexico's Ministry of Labor and Ministry of Economy said Wednesday they can't verify U.S.-backed claims of labor rights violations and discrimination against former union organizers at an automotive plant in Piedras Negras, Coahuila.
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February 01, 2024
Biden Admin. Sanctions Israeli Settlers In West Bank
President Joe Biden signed an executive order on Thursday imposing financial and visa restrictions on "extremist" actors in the West Bank, with the first round of sanctions being levied against four Israeli settlers found to have assaulted Palestinian civilians and Israeli activists.
Expert Analysis
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Foreign Investment In Real Estate Is Getting More Complicated
Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Environmental Justice Takes Center Stage At FERC
The Federal Energy Regulatory Commission's forthcoming policy statement on addressing environmental justice community impacts could play a key role in informing how developers and affected communities approach energy projects for years to come, say Emily Mallen, Ben Reiter and Angelica Gonzalez at Akin.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Fla. Foreign Real Estate Law Brings Broad Investment Risks
Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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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.