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International Trade
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February 28, 2024
Sanctions Ruling Affords Gov't Leeway In Foreign Affairs
The failed attempt by two wealthy businessmen to overturn U.K. sanctions on appeal has underscored the court's limited role in questioning matters of foreign policy, even though the judiciary has carved out a larger role in weighing the proportionality of individual sanctions, lawyers say.
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February 28, 2024
Biden Moves To Halt Flow Of American Data To China, Others
The White House moved Wednesday to block data brokers and other companies from providing China, Russia and other foreign adversaries with troves of sensitive personal data about Americans that can be used to carry out nefarious activities such as surveillance and blackmail.
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February 27, 2024
Bankman-Fried Urges No More Than 6.5 Years For FTX Fraud
FTX founder Sam Bankman-Fried asked a Manhattan federal judge late Tuesday for a sentence that releases him "promptly" after his conviction for stealing billions from customers of the now-collapsed crypto exchange, arguing that federal sentencing guidelines recommend no more than six-and-a-half years in prison.
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February 27, 2024
Hogan Lovells Says It Was Barred From Labor Dispute Interviews
A Hogan Lovells attorney for Mexico's San Martín Mine told Law360 that his team has been shut out of proceedings in the first-ever labor-focused panel dispute under the United States-Mexico-Canada Agreement, centered on alleged collective bargaining violations.
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February 27, 2024
5th Circ. Holds To Its Undoing Of $200M Ship Explosion Award
A German shipping company has failed to persuade the Fifth Circuit to reconsider undoing a federal district court's decision to enforce a $200 million arbitral award the company secured in London after a 2012 explosion killed three crew members and caused extensive damage on one of its vessels.
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February 27, 2024
NJ Jeweler Charged With Wire Fraud In Duty-Dodging Scheme
A New Jersey-based jeweler has been accused of dodging customs duties by misrepresenting what countries his goods were coming from and using his multiple businesses in New York's Diamond District to conduct millions of dollars of unlicensed money transfers.
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February 27, 2024
Vape Supplier Asks 9th Circ. To Toss $892K Award
A vape company that supplies products for use with cannabis is asking the Ninth Circuit to overturn a district court decision affirming an $892,000 arbitration award against it in a distributor's contract dispute, saying the district court ignored evidence of fraud.
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February 27, 2024
New Fuel Terminals Ban Doesn't Discriminate, Judge Says
An Oregon federal judge has recommended the dismissal of a lawsuit in which Montana and a collection of fuel industry groups are challenging a ban on new oil and gas terminals in Portland, Oregon, saying there's no evidence the ban unconstitutionally discriminates against out-of-state companies.
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February 27, 2024
Feds Want Classified Info Shield In Menendez Bribery Case
Prosecutors asked a Manhattan federal judge to shield classified information they plan to introduce in the bribery case against Sen. Robert Menendez.
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February 27, 2024
Abramovich Ally Loses Test Appeal To Upend UK Sanctions
A billionaire with ties to Roman Abramovich lost his attempt on Tuesday to overturn sanctions imposed on him following Russia's invasion of Ukraine, in the first substantive appeal to challenge the U.K. government's sanctions regime since the war began.
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February 26, 2024
Nestle Fights Class Cert. In Child Labor Labeling Suit
Nestle USA Inc. urged a California federal judge on Friday to reject a shopper's bid to certify multiple classes of Golden State consumers challenging the company's "sustainably sourced" chocolate labels, arguing that the proposed classes can't "lump together" nearly 60 different labels on different products.
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February 26, 2024
Feds Blacklist Canadian Surveillance Co. Over Egypt Work
The Bureau of Industry and Security added Canadian network surveillance provider Sandvine Inc. to its export blacklist on Monday over the surveillance provider's support to the Egyptian government's program of censorship and political repression.
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February 26, 2024
Gas Groups Press DOE To Restart LNG Export Reviews
Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.
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February 26, 2024
Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy
A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.
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February 26, 2024
International Trade Group Of The Year: Buchanan Ingersoll
Buchanan Ingersoll & Rooney PC's international trade practice scored crucial wins last year, shepherding bet-the-company deals through national security reviews and challenging unlawful dumping practices, earning it a spot among Law360's 2023 International Trade Groups of the Year.
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February 26, 2024
Justices Decline Standard Chartered Sanction Evasion Suit
The U.S. Supreme Court on Monday refused to consider whether a whistleblower should've been granted a hearing in a lower court to support allegations that Standard Chartered Bank cleared roughly $56 billion in violation of U.S. sanctions against Iran.
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February 23, 2024
Amazon Pays $1.9M To Abused Workers In Saudi Arabia
Amazon has paid $1.9 million to over 700 migrant workers who suffered human rights abuses at two of its warehouses in Saudi Arabia, the company said.
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February 23, 2024
Russia Assets Seen As Key To Tipping The Scales For Ukraine
The 500-plus sanctions the U.S. added against Russia and its enablers Friday will continue to make the Kremlin's war more costly, but experts say the key to a real sea change in Ukraine is giving it Russia's seized assets abroad.
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February 23, 2024
SEC Upholds Bar On Ex-RBC Rep Who Cashed Out $1M Error
The U.S. Securities and Exchange Commission on Friday upheld a disciplinary action against a former RBC Capital Markets LLC representative who was accused of violating his industry's code of conduct when he converted $1 million that his firm accidentally deposited in his personal brokerage account.
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February 23, 2024
Dish, IFit Settle Patent Suit Over Streaming Tech
Fitness equipment maker NordicTrack's parent company has settled a dispute with Dish Network that accused it of infringing Dish patents related to streaming technology, drawing to a close a fight that spread all the way to the U.S. International Trade Commission.
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February 23, 2024
Commerce Dept. Partly Waives 'Buy America' For BEAD
The U.S. Department of Commerce on Friday announced limited waivers from "Buy America" requirements under the agency's $42.5 billion broadband deployment program to make sure that enough advanced components can flow to projects around the country.
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February 23, 2024
Nonprofit Fights To Keep Child Forced Labor Cocoa Suit Alive
A nonprofit on Friday challenged U.S. Customs and Border Protection's bid to dismiss allegations the agency ignored a four-year petition to ban major chocolate companies from importing cocoa allegedly harvested by children, saying the delay harmed it by impairing its mission.
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February 23, 2024
Ex-Dechert Atty Can Keep Depo Confidential In Hacking Case
A former Dechert LLP partner can keep her deposition under wraps in an airline mogul's suit seeking to prove an international hacking conspiracy, a special master in North Carolina has ruled in a blow to the tycoon, who accused the attorney of trying to shield misconduct.
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February 23, 2024
Ex-Vitol Oil Trader Convicted On FCPA Rap
Former Vitol Oil Group trader Javier Aguilar was convicted Friday of Foreign Corrupt Practices Act and money laundering violations, after nearly two months of trial over claims that he bribed officials in Ecuador and Mexico in order to win $500 million in business deals for the global energy and commodities company.
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February 23, 2024
International Trade Group Of The Year: Grunfeld Desiderio
Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP continued to rack up critical wins for foreign exporters in the past year, including a major Chinese tire manufacturer for which it secured a rare 0% dumping rate, and successfully defended against fraud allegations by U.S. Customs and Border Protection, earning the firm a spot among Law360's 2023 International Trade Groups of the Year.
Expert Analysis
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Understanding China's Crypto-Blockchain Dichotomy
Even as China restricts cryptocurrency use, its actions frequently support blockchain as a complementary technology to real economy sectors, which is why the blockchain-cryptocurrency distinction is core to understanding the country's relationship with these technologies, say attorneys at Cravath.
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The Self-Disclosure Calculus After Tri-Seal Compliance Note
With the recent note from three government agencies emphasizing the incentives for voluntarily self-disclosing potential violations of sanctions, export control and other national security laws, companies’ risk-based analyses of whether to disclose even minor, technical offenses may shift, say attorneys at Akin.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Defense Practice Pointers In Venezuela Bribe Case Dismissal
A Texas federal court’s recent dismissal of charges in U.S. v. Murta — one of over two dozen prosecutions targeting bribes paid to a Venezuelan state-owned oil company — highlights the complicated issues presented by cross-border investigations, and provides lessons for defense counsel representing foreign clients in U.S. prosecutions, say attorneys at Steptoe & Johnson.
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Strategies For Enforcing Arbitral Awards Against Sovereigns
When a large project or investment in a foreign country is unexpectedly expropriated by a new government, companies often prevail in arbitration — but if the sovereign refuses to pay up, collecting the arbitral award may require persistence, creativity, and a mixture of hard and soft approaches, say Gabe Bluestone and Jeff Newton at OmniBridgeway.
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A Closer Look At China's Landmark Pharma Antitrust Ruling
The Supreme People's Court's recent decision in Yangtze River Pharma v. HIPI Pharma — the first antitrust litigation in China's active pharmaceutical ingredient sector — indicates a balanced regulatory approach between competition concerns and intellectual property rights protection, say analysts at The Brattle Group.
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Key Takeaways From Agencies' Tri-Seal Compliance Note
In light of a recent compliance note issued by three government agencies, private sector firms should weigh several important considerations in deciding whether to voluntarily self-disclose potential violations of sanctions, export controls and other national security laws, say attorneys at Schulte Roth.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Fed. Circ. Ruling Boosts Due Process In Agency Proceedings
The Federal Circuit’s recent watershed decision in Royal Brush v. U.S., holding that companies in administrative proceedings have the right to review — and rebut — confidential business information used against them, will smooth the path of many a regulated party hauled before state and federal agencies, says Sohan Dasgupta at Taft Stettinius.
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Opinion
OFAC Designation Prosecutions Are Constitutionally Suspect
Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Contract Disputes Recap: Nonmonetary Claims, Timeliness
Bret Marfut and Stephanie Magnell at Seyfarth look at recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims that shed light on the jurisdictional contours of the Contract Disputes Act and provide useful guidance on timely filings and jurisdiction over nonmonetary claims.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.