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International Trade
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March 08, 2024
Fed. Circ. Argues Judge Newman's Ethics Law Challenge Fails
A D.C. federal judge must reject suspended U.S. Circuit Judge Pauline Newman's challenge to the Judicial Conduct and Disability Act, as her constitutional arguments are too limited, the Federal Circuit Judicial Council said Friday.
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March 08, 2024
CFIUS Rules May Need Review Amid 'Exponential' Growth
Foreign direct investment-related enforcement and penalty processes in the U.S. could use a review amid "exponential" growth in FDI regimes across the globe, greater awareness of national security risks, and increased U.S. outreach to foreign partners, a U.S. Treasury Department official said Friday.
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March 08, 2024
Fed. Circ. Ruling Affirms That Hay Nets Aren't Machine Parts
A South Carolina packaging solutions manufacturer took another blow in its quest to get its imported bale wraps duty-free treatment after the Federal Circuit affirmed a ruling that the wraps were stand-alone products and not parts of baling machines.
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March 07, 2024
House Panel Advances Bills To Ban TikTok, Block Data Sales
The House Commerce Committee on Thursday unanimously approved a pair of bills targeting national security concerns related to foreign adversaries' access to personal information about Americans, including a measure that would effectively ban TikTok from the U.S. unless it's cut from its Chinese parent company.
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March 07, 2024
Fed. Circ. Hears Law Was Misapplied To Levy Olive Duties
Three Spanish olive exporters pressed the Federal Circuit to undo countervailing tariffs the U.S. Department of Commerce calculated in 2021, saying Thursday that the department misapplied a trade law to presume they benefited from local government subsidies.
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March 07, 2024
Deputy AG Unveils DOJ Whistleblower Rewards Pilot Program
Deputy Attorney General Lisa Monaco on Thursday said the U.S. Department of Justice will soon begin a pilot program to financially reward whistleblowers who alert prosecutors to significant corporate misconduct.
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March 07, 2024
White House Moves To End Highway 'Buy America' Waivers
The Biden administration on Thursday proposed eliminating waivers to domestic production requirements for items used in federal highway building.
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March 07, 2024
US Soldier Charged With Selling Military Secrets To China
A U.S. Army intelligence analyst with the rank of sergeant sold an array of sensitive and classified military secrets to China in exchange for $42,000, according to a Tennessee grand jury indictment unsealed on Thursday.
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March 07, 2024
Indian Gov't Eyes Linking Carbon Tax On Coal To Quality
The Indian government should consider linking its carbon tax on coal to quality and price rather than weight because the current system gives an advantage to imported coal over domestic coal, the country's Ministry of Coal said Thursday.
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March 07, 2024
Voltage Gets Win From ITC Judge In Solar Patent Fight
The U.S. International Trade Commission has found that Shoals Technologies Group failed to meet an important element necessary to continue with its fight against Voltage over a patent relating to solar technology.
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March 06, 2024
Treasury Sanctions Ship Owners It Says Enable Houthi Attacks
The Department of Treasury says it's taking new action against Iranian commodity shipments, targeting ship owners in Hong Kong and the Marshall Islands with sanctions for moving Iranian goods that officials say help to fund Houthi attacks on container ships in the Red Sea and Gulf of Aden.
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March 06, 2024
Court Backs Decision Freeing Flanges From Pipe-Fitting Duty
The trade court on Wednesday upheld the U.S. Department of Commerce's decision to free a Texas-based pipe company's cast-iron flange imports from an antidumping duty order, ruling Commerce's fifth assessment of the duty's scope finally squared with the evidence.
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March 06, 2024
Don't Get Too Comfy Before Trade Deal Review, Tai Says
U.S. Trade Representative Katherine Tai on Wednesday cautioned the U.S., Mexico, and Canada not to get "too comfortable" ahead of approaching the first review of the nations' trade accord, saying some discomfort was needed to motivate them towards tackling global trade issues.
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March 06, 2024
Shipper Insists US Sanctions Offered Escape From Contract
A shipping company told Britain's highest court on Wednesday that it should not be forced to vary the terms of a freight contract, after refusing to accept payments in euros to mitigate a force majeure event amid concerns about U.S. sanctions.
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March 06, 2024
Sidley Adds 11-Year Wiley Rein Leaders To DC Group
Sidley Austin LLP has hired two members of Wiley Rein LLP's leadership, one of whom joins to help co-lead its global arbitration, trade and advocacy practice, the firm announced Wednesday.
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March 06, 2024
Texts Constituted Contract In $7.7M Fertilizer Fight, Judge Says
A Florida federal court ordered a global fertilizer seller to pay a Brazilian client $7.7 million, finding that the company breached an agreement that was partially negotiated over WhatsApp to sell 45,000 metric tons of ammonium sulfate.
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March 05, 2024
DC Circ. Nixes Big Tech Child Labor Suit
The D.C. Circuit on Tuesday ruled that tech companies facing suit for using cobalt mined with child labor didn't share in a "venture" with the companies responsible for extracting the metal, upholding a district court decision to dismiss the suit.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Biz Owner Gets 10 Months For Evading Tax On Foreign Income
The owner of a manufacturing company was sentenced in California federal court to 10 months in prison for avoiding taxes on almost $4.5 million in income by failing to report his foreign sales to the Internal Revenue Service, the U.S. Department of Justice said.
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March 05, 2024
WTO Backs European Biofuel Curbs Over Malaysian Suit
The World Trade Organization rejected Malaysia's challenge to the European Union's phasing out of palm oil-based biofuels, ruling Tuesday that the bloc had reasonably limited when member states can count biofuel toward its renewable energy goals.
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March 05, 2024
Feds Say Sen. Menendez Knew 'Loans' Were Bribes
U.S. Sen. Robert Menendez and his wife were charged with obstruction of justice in a superseding indictment unsealed Tuesday in New York federal court, raising the stakes in the corruption trial facing the New Jersey Democrat.
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March 05, 2024
ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case
A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.
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March 05, 2024
FERC LNG Approvals Flout Court's Orders, DC Circ. Told
Environmental and local community groups have told the D.C. Circuit that the Federal Energy Regulatory Commission's reapproval of two Texas liquefied natural gas terminals must be thrown out because it failed to undertake additional analysis of the projects' greenhouse gas emissions and environmental justice impacts.
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March 05, 2024
Ex-Russian Minister Renews Bid To Jail Deripaska In UK
Former Russian minister Vladimir Chernukhin urged an appeals court Tuesday to revive his bid to jail his ex-business associate Oleg Deripaska for contempt of court, arguing an earlier judge was wrong to find than an agreement to preserve assets had not been breached.
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March 04, 2024
Judge 'Uncomfortable' In Tossing Man's No-Fly-List Suit
A Michigan federal judge dismissed Monday a Lebanese-American businessman's lawsuit accusing several federal agencies of violating his fundamental rights by putting him on a secretive no-fly list, but the judge said the decision wasn't easy since the man couldn't face certain evidence.
Expert Analysis
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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UN Climate Summit: What To Watch For In Dubai
The upcoming 28th Conference of the Parties of the United Nations Framework Convention on Climate Change, or COP28, may be remembered as a turning point in the emerging low-carbon economy — but only if conference commitments are successfully translated into new laws, business practices and financial support, say attorneys at DLA Piper.
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Tech Company Trade Compliance Programs Need A Check-Up
As sanctions and export controls continue to evolve, companies in the tech sector are often affected in ways that can be difficult to spot, say Carrie Schroll and Matthew Luzadder at Kelley Drye.
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Not To Be Outpaced: How The 2024 NDAA Addresses China
Both the House and Senate versions of the 2024 National Defense Authorization Act include numerous provisions aimed at strengthening U.S. deterrence and competitive positioning vis-à-vis China, while imposing significantly more disruptive burdens on government contractors and their suppliers than in prior years, say attorneys at Covington.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Why The US-Japan-South Korea Summit Is Monumental For AI
The recent trilateral summit shows that the U.S., Japan and South Korea are seemingly aligned on their approaches toward regulations governing artificial intelligence, though there are possible challenges to the creation of international standards, says California attorney Donna Etemadi.
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Dissecting The Proposed Foreign Extortion Prevention Act
If the Foreign Extortion Prevention Act — recently introduced in Congress seeking to fill a gap in the Foreign Corrupt Practices Act — becomes law, it will be music to the ears of many U.S. businesses that feel that they bear an unfair burden when it comes to foreign bribery enforcement, say attorneys at MoFo.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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EU Privacy Framework Bodes Well For US Life Sciences Cos.
U.S.-based life sciences companies could face data transfer challenges since they may be subject to the EU General Data Protection Regulation even without having an EU presence, but a recently approved EU-U.S. Data Privacy Framework may provide helpful protection at least for the near future, says Wim Nauwelaerts at Alston & Bird.
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Self-Disclosure Lessons From Exemplary Corp. Resolutions
With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.
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Trade Preference Program Revival: Is The Past Prologue?
Attorneys at Squire Patton discuss what Congress' past reauthorizations of the Generalized System of Preferences reveal about the prospects for its revitalization in the current term, why this oldest of U.S. trade preference programs should be protected, and how importers can utilize its advantages in the meantime.
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The Benefits Of Preparing OFAC's Blocked Property Report
Companies preparing to submit an annual report of blocked property, due Sept. 30 to the Office of Foreign Assets Control, can use the process to reassess whether existing sanctions compliance measures are appropriate and make adjustments to address new risks, say attorneys at Davis Wright.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.