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International Trade
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March 29, 2024
Gov't Contracts Of The Month: Super Hornets And Chips
This March, the Pentagon ordered a final batch of the "Top Gun: Maverick"-featured Super Hornet fighter plane from The Boeing Co., tapped IBM to create a trusted semiconductor enclave and devoted $1 billion to cracking down on nuclear smuggling abroad. These are some of the most noteworthy government contracts over the last month.
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March 28, 2024
Sen. Menendez Won't Delay May 6 Trial As He Forgoes Appeal
Sen. Robert Menendez told a New York federal judge Thursday he won't seek interlocutory appeal of his order two weeks ago rejecting the lawmaker's bid to dismiss his bribery case based on the speech and debate clause of U.S. Constitution, teeing up his jury trial set for May 6.
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March 28, 2024
ITC Judge Recommends General Exclusion In Wallet IP Case
A U.S. International Trade Commission judge has found that a pair of Chinese companies flouted U.S. law by importing certain types of wallets, saying the imports should be banned.
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March 28, 2024
Reynolds Falsely Hypes Foil As 'Made In USA,' Suit Says
Reynolds Wrap misleadingly claims its aluminum is made in the United States although a significant amount of aluminum production takes place elsewhere, and none of the bauxite ore used to make it is mined in the U.S., according to a proposed class action filed in New York federal court.
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March 28, 2024
Commerce Adds Export Admin Roles To Boost Nat'l Security
The U.S. Department of Commerce's Bureau of Industry and Security is adding two new deputy assistant secretaries for export administration as part of a modernization drive to meet its growing national security role, the assistant secretary announced Thursday.
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March 28, 2024
MSG-Maker Says Chinese Exporters Skirting Duties Via Malaysia
The U.S. arm of Japanese monosodium glutamate manufacturer Ajinomoto Co. Inc. claims Chinese MSG producers are using a Malaysian competitor to evade duties on the umami flavor enhancer, saying the Malaysian company's facility isn't big enough to produce the product.
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March 28, 2024
Commodities Trader Trafigura To Pay $126M For Brazil Bribes
Switzerland-based Trafigura Beheer BV on Thursday agreed to pay $126 million and admitted to bribing Brazilian government officials in order to obtain business with state oil company Petrobras, becoming the latest global commodities trader to settle with U.S. prosecutors over Latin American corruption.
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March 28, 2024
Romney Tells DEA Pot Review Must Heed Treaty Obligations
Sen. Mitt Romney, R-Utah, on Wednesday expressed skepticism about federal health regulators' recommendation to loosen marijuana restrictions and pressed the U.S. Drug Enforcement Administration to explain how it would consider the drug's status in light of U.S. treaties.
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March 28, 2024
Bankman-Fried Gets 25 Years For 'Very Bad Bet' Of FTX Fraud
FTX founder Sam Bankman-Fried was sentenced Thursday to 25 years in prison for stealing more than $11 billion from customers, investors and lenders of his now-collapsed cryptocurrency empire, with a Manhattan federal judge saying the infamous risk-taker "made a very bad bet about the likelihood of getting caught."
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March 27, 2024
Evidence On Ex-Mozambique Official Stays In $2B Fraud Suit
A former Mozambique finance minister can't keep evidence from his phone out of a case alleging his involvement in a $2 billion scheme to siphon government-backed project funds from that country after a federal judge in Brooklyn on Wednesday backed the phone's seizure and search.
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March 27, 2024
Foreign Subsidy Rule Muddles 'Countervailable' Meaning
The U.S. Department of Commerce's new final rule authorizing itself to investigate subsidies that governments give to manufacturers in other nations casts uncertainty over the definition of "countervailable" in the absence of clarity on how third-party governments will be incorporated into these duty probes.
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March 27, 2024
CFPB Flags False Advertising Risk For Money Transfer Firms
The Consumer Financial Protection Bureau on Wednesday cautioned international money transfer providers about how they market themselves, saying advertising services as "free" when customers are still required to pay additional fees for converting or delivering funds may violate federal law.
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March 27, 2024
ITC Judge Recommends Exclusion Order In Tourniquet IP Row
A U.S. International Trade Commission administrative judge has recommended the commission order that imports of products related to blood flow restriction be banned, handing a win to a pair of American medical product manufacturers.
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March 27, 2024
47 House Dems Urge Changing Trade Deal To Stem Migration
A large bloc of U.S. lawmakers has called on the Biden administration to remove what the lawmakers say is a damaging investor-state dispute settlement mechanism from the Central America-Dominican Republic Free Trade Agreement, warning federal government officials that it's a primary reason why migrants are leaving the region.
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March 27, 2024
NY AG, Others Blast Sandoz Deal 'Tax' On Future Settlements
New York's attorney general was one of three objectors Tuesday to a provision in Sandoz's proposed $265 million settlement with a class of drug wholesalers in Pennsylvania federal court that they say will delay any future generic-drug price-fixing litigation deals by taxing agreements over $119.25 million.
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March 27, 2024
Vietnamese Producer Faces Brunt Of Shrimp Subsidy Probe
A Vietnamese shrimp farm may face a nearly 200% countervailing duty rate based on preliminary findings in the U.S. Department of Commerce's probe into whether shrimp imports from four countries are hurting the U.S. market through unfair government subsidies.
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March 27, 2024
StanChart Urges Court To Toss Part Of £1.4B Sanctions Suit
Standard Chartered PLC urged a London judge Wednesday to block part of a group of investors' £1.4 billion ($1.77 billion) claim against it alleging that the bank had downplayed how much it breached U.S. sanctions against Iran by hundreds of billions of dollars, alleging some of the investors had not shown they had standing.
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March 26, 2024
Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl
A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.
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March 26, 2024
WTO Calls On Australia To Amend Steel Duties On China
A World Trade Organization panel on Tuesday ruled that Australia flouted certain measures of the intergovernmental organization's so-called Anti-Dumping Agreement when calculating duties on wind towers, stainless steel sinks and railway wheels from China.
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March 26, 2024
Baltimore Bridge Collapse: What We Know So Far
The overnight collapse of Baltimore's Francis Scott Key Bridge, after being struck by a container carrier Tuesday, will trigger multiple inquiries into maritime and vessel safety, as well as bridge design and engineering standards, that experts say will have significant implications for future lawsuits, regulatory actions and infrastructure rebuilding efforts.
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March 26, 2024
Tenn. Biz Seeks Duties On 4 Countries' Plastics Chemical
A Tennessee-based chemical producer called on U.S. trade agencies to enact antidumping duties on four countries' shipments of a plastics compound, alleging that rising imports of low-priced chemicals have eaten away at its profits and share of the U.S. market.
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March 26, 2024
Menendez Says Corruption Case Still Wrongly Placed In NY
U.S. Sen. Robert Menendez has told a Manhattan federal judge that prosecutors' latest iteration of his corruption indictment doesn't resolve legal deficiencies that plagued previous ones, including a flimsy connection to the Southern District of New York.
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March 26, 2024
Enbridge Plugs $350M Into Natural Gas Joint Venture
Enbridge Inc., WhiteWater/I Squared Capital and MPLX LP on Tuesday announced that they will be banding together to form a joint venture that will develop, construct, own and operate natural gas pipelines and storage assets that connect the Permian Basin natural gas supply to liquefied natural gas export markets.
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March 26, 2024
US EV Subsidies Discriminatory, China Tells WTO
Domestic production rules for U.S. electric vehicles to qualify for subsidies under the Inflation Reduction Act are discriminatory, the Chinese Ministry of Commerce said Tuesday, announcing it had filed a complaint with the World Trade Organization.
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March 25, 2024
Difficult Issues May Blur Choice On Investment Protection
Contradictory stances toward investment protection within Latin America — including at least one country completely reversing its previous position on the issue — illustrate that while investment arbitration is facing very legitimate criticisms, a country's stance on the issue isn't always black and white.
Expert Analysis
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A
Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.
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Key Terms Of European Hydrogen Bank's 2023 Pilot Auction
The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Int'l Regulatory Collabs Can Expedite Pharma Approvals
Recent announcements highlight the growing importance of international regulatory collaboration for drug approval, which can greatly streamline the process for companies seeking to market their drugs in other countries, say Geneviève Michaux and Christina Markus at King & Spalding.
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Justices' Cert. Denial Of Terrorism Suit Means For Banks
The U.S. Supreme Court's denial of certiorari in Freeman v. HSBC Holdings lets stand the Second Circuit's decision on the narrow scope of conspiracy liability under the Justice Against Sponsors of Terrorism Act, providing protection for banks that otherwise could have faced liability for finance activities with limited connections to third parties' unlawful acts, say attorneys at Sidley.
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How Hamas' Attack May Further Complicate Sanctions Risk
In the wake of Hamas' attack on Israel, we anticipate that Western governments' attempts to further target Hamas and its enablers will make sanctions compliance for organizations operating within Gaza and the West Bank even more challenging, say Jason Prince and Sophie Davis at Crowell & Moring.
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Why US Should Help European Efforts To Fix SEP Licensing
The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Opinion
Forging A Fair Path For Standard-Essential Patents In India
The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.
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Considerations And Calculations For DOJ Clawback Program
The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.
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What Case Trends Reveal About Life Sciences Results At ITC
A look at recent U.S. International Trade Commission case data shows that pharmaceuticals, medical devices and other life sciences products constitute a growing share of the technologies involved in Section 337 investigations, with overwhelmingly positive results for companies seeking to protect their IP rights from foreign competitors, say Brian Busey and Daniel Muino at MoFo.