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International Trade
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March 14, 2024
DC Circ. Won't Delay Prison For Ex-Trump Aide Peter Navarro
The D.C. Circuit on Thursday refused to permit former White House adviser Peter Navarro to avoid reporting to prison by Tuesday while he appeals his sentence, ruling that Navarro hasn't shown that his appeal is likely to result in a new sentence that doesn't involve imprisonment.
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March 14, 2024
3D-Gun Info Group Loses Suit Over Publishing Blueprints
The U.S. Court of Federal Claims tossed an open-source gun group's lawsuit alleging the federal government failed to follow a 2018 settlement allowing the group to publish firearm blueprints, rejecting the group's contention that dismissing a final claim would be unfair.
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March 14, 2024
Koch Can't Bring $30M Claim Against Canada Under NAFTA
Canada prevailed in a $30 million arbitration brought by Koch Industries over the province of Ontario's decision to cancel a cap-and-trade program in 2018, securing dismissal of the claim on jurisdictional grounds.
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March 14, 2024
Sen. Menendez Loses Bid To Nix Corruption Charges
A New York federal judge on Thursday rejected U.S. Sen. Robert Menendez's bid to dismiss his bribery case, ruling none of the government's allegations target actions that could be considered protected activity under the U.S. Constitution.
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March 14, 2024
Mnuchin Says He's Forming Investor Group To Buy TikTok
Former U.S. Treasury Secretary Steven Mnuchin said Thursday he is forming an investor group to buy TikTok, one day after a measure to separate the social media platform from its Chinese owners passed the House.
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March 14, 2024
McDermott Eyes White Collar Growth With Orrick FCPA Pros
McDermott Will & Emery LLP announced Thursday the addition of a seven-partner team from Orrick Herrington & Sutcliffe LLP that will focus on the Foreign Corrupt Practices Act and the False Claims Act, saying it hired the team with an eye toward its white collar and government investigation capabilities.
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March 14, 2024
DOD's Weapons Monitoring In Iraq Fell Short, Watchdog Says
The U.S. Department of Defense failed to properly inspect and account for military equipment sent to Iraq to fight ISIS, raising the possibility of weapons going missing and falling into adversaries' hands, the department's internal watchdog said.
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March 14, 2024
Biden Comes Out Against $14.9B US Steel-Nippon Merger
President Joe Biden came out in opposition of U.S. Steel's planned $14.9 billion merger with Japan's Nippon Steel Corp. on Thursday, echoing lawmakers who have expressed concerns about the sale of an American institution to a foreign power.
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March 13, 2024
Treasury Says Crypto Mixer Is 'Corporation In All But Name'
The U.S. Department of the Treasury told the Fifth Circuit on Wednesday that it was justified in sanctioning crypto mixer Tornado Cash because the crypto project "is a corporation in all but name" rather than ownerless computer code, as its users contend.
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March 13, 2024
Importers Threading Chinese Rod In US To Duck Tariffs, Feds Say
Importers appear to be shipping blank steel rod from China to the U.S. to dodge tariffs on alloy and certain carbon steel threaded rod, the U.S. Department of Commerce announced in a Federal Register notice posted Wednesday.
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March 13, 2024
Italy Defeats Investor Suit Against Solar Subsidy Reduction
Italy has beaten back a German investment fund's claims that the country's lowered solar energy subsidies breached treaty obligations to ensure a stable investment environment, after an international tribunal ruled that the scale-down was reasonable, foreseeable and in the best interests of the public.
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March 13, 2024
DC Circ. Affirms Trafficker Label For Venezuelan Businessman
The D.C. Circuit has refused to disturb a fugitive Venezuelan businessman's designation as a narcotics trafficker, rejecting claims that the Office of Foreign Assets Control failed to give fair notice before levying the sanctions.
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March 13, 2024
House OKs TikTok Divestment Bill Despite Free Speech Worry
The House voted 352-65 on Wednesday to pass legislation that would require ByteDance Ltd. to divest TikTok or face a ban in the United States, in a vote that transcended party lines.
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March 12, 2024
1st Amendment Only The Start Of Woes Facing TikTok Ban
Federal lawmakers are making an aggressive push to exclude TikTok from the U.S. market unless it severs ties with its Chinese parent company, but First Amendment concerns and questions over the proposal's breadth and its interplay with a recent executive order restricting certain foreign data sales threaten to hinder these efforts.
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March 12, 2024
Treasury Sanctions More Iran-Backed Terrorist Operatives
The U.S. Department of the Treasury on Tuesday unveiled new sanctions against a handful of individuals with ties to the designated terrorist group Al-Ashtar Brigades, singling out "key Iran-based operatives" as well as a financier for the group.
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March 12, 2024
Patent Deal Brings End To Philip Morris Import Ban
The U.S. International Trade Commission has decided to pull its import ban on a line of Philip Morris heated tobacco products following a settlement of its patent fight with British American Tobacco, over the objections of the agency's own in-house lawyers.
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March 12, 2024
Unions Say China's Shipbuilding Boom Is Based On Unfair Trade
The United Steelworkers and other labor unions called on the Biden administration to investigate unfair trade practices in China's shipbuilding sector in a 4,000-page petition Tuesday, calling empty U.S. shipyards a threat to national security and critical supply chains.
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March 12, 2024
Court Bars Ex-Exec From Sharing Info On Co.'s Body Armor
A North Carolina federal court granted a defense contractor's request to stop a former sales executive from sharing confidential information and export-controlled data with a foreign rival, while the court reviews the contractor's allegations.
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March 12, 2024
House Dems Seek Probe Of Claims X Verified Sanctioned Entities
Democrats on the House of Representatives' oversight committee say social media site X, formerly known as Twitter, must be investigated over recent allegations that it allowed terrorist groups and other U.S.-sanctioned entities to buy premium subscriptions and make money off advertising revenue.
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March 12, 2024
GOP's Crapo Wants Quick Resolution Of Tax Relief Package
The Senate Finance Committee's top Republican tax writer said Tuesday that he wants to quickly resolve sticking points in pending bipartisan tax legislation that contains key incentives for families and businesses in order to advance a bill that would boost U.S. manufacturing.
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March 12, 2024
CIT Accepts Revised Ruling Freeing Importer From Pipe Duties
The U.S. Court of International Trade accepted a U.S. Department of Commerce ruling freeing a piping products manufacturer from paying duties on Chinese pipe fittings to import its flange fittings, saying the reworked decision was supported by the evidence.
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March 11, 2024
Ford To Pay $365M After US Says Sham Seats Ducked Tariffs
Ford Motor Co. has agreed to shell out $365 million to put to rest allegations it installed "sham" rear seats in hundreds of thousands of cargo vans to avoid paying higher duties, according to an announcement made by the U.S. Department of Justice on Monday.
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March 11, 2024
Forex Firm Wants CFTC Sanctioned For 'Bad Faith' Behavior
A foreign exchange firm accused by the U.S. Commodity Futures Trading Commission of defrauding customers is calling on a New Jersey federal judge to sanction the agency for a "pattern of misconduct" that includes knowingly submitting false statements to the court and attempting to intrude on attorney-client privilege.
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March 11, 2024
Senate Could Be Hurdle To House Plan For TikTok Limits
A bill to clamp down on TikTok that was unanimously approved by a House committee is expected to come to the House floor this week, but its fate in the U.S. Senate looks dicier.
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March 11, 2024
3rd Circ. Unsure Of Reasons To Halt Del. Assault Weapon Ban
A Third Circuit panel seemed to lean toward letting Delaware keep its ban on so-called assault weapons and extended magazines during arguments Monday, with Judge Stephanos Bibas pressing gun rights advocates on their claim the ban should have been blocked solely on the grounds that a Second Amendment violation may have taken place.
Expert Analysis
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Fed. Circ. Ruling Could Increase Importers' Evidence Access
The Federal Circuit's recent decision — that CBP violated Royal Brush Manufacturing's due process rights by refusing to provide privileged information used by the agency in its noncompliance decision — paves the way for importers accused of evading anti-dumping duty orders to access this type of confidential business information, say attorneys at Mayer Brown.
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Chinese Investment In Latin America Raises Corruption Risks
A wave of Chinese investments in Latin America has increased an already elevated risk profile, so U.S. companies that operate in the region would be wise to bolster their compliance programs as more bribery and corruption-related enforcement activity is sure to come, say Drew Costello, Brian Ross and Jordan Basich at Forensic Risk Alliance.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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How US Investment Regulation May Shift Under Biden Order
Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.
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5 Compliance Mistakes To Avoid When Entering A New Market
As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.
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Where Biden's Outbound Investment Effort May Be Headed
The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Strike Force Actions Underscore Foreign Risks For Tech Cos.
As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Trends Emerge In High Court's Criminal Law Decisions
In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.
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How Rights Owners Can Be Proactive With CBP Enforcement
Recent seizures show that intellectual property rights remain a U.S. Customs and Border Protection priority, and the Intellectual Property Rights Branch recordation program and the Exclusion Order Enforcement Branch's procedures offer holders powerful ways to assist in keeping unauthorized goods out of the U.S. market, say attorneys at Foley & Lardner.
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Terror Funding Suit Could Affect Inherited Jurisdiction In NY
Depending on how New York’s highest court answers two questions certified from the Second Circuit in a case litigating companies’ liability for terrorist attacks, foreign companies with no relevant New York contacts may be subject to suit in state courts by virtue of an asset purchase, say attorneys at Norton Rose.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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What Patent Bills Would Mean For Infringement Litigation
Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.