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International Trade
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March 20, 2024
Boehringer Wins Diabetes Treatment Patent On Appeal In EU
Boehringer Ingelheim saved its diabetes drug patent from the chopping block after a European appellate board ruled that the treatment for patients with moderately damaged kidneys was new and innovative despite eight oppositions.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Intel, Commerce Dept. Forge $8.5B Logic Chip Partnership
A proposed $8.5 billion partnership between the federal government and Intel Corp. could yield thousands of jobs and up to $100 billion in logic chip facility expansion and modernization in four states.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
EU Lawmakers Back Duty-Free Imports From Ukraine
European Union lawmakers agreed on Wednesday to extend the suspension of the bloc's customs duties and quotas on Ukrainian imports for one more year, while introducing caps on some agricultural products.
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March 19, 2024
CFTC Decries Forex Firm's 'Strong-Arm' Sanctions Bid
The U.S. Commodity Futures Trading Commission has admitted in a court filing that it made an error in a lawsuit accusing a foreign exchange firm of defrauding its customers but said the now-corrected error does not merit sanctions, and the defendants appear to be abusing the sanctions process to "strong-arm" their way into a better settlement.
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March 19, 2024
Biden Admin Bashes Senate Push To Ban Paraguayan Beef
The White House came out Tuesday against a bipartisan Senate resolution that would override a rule allowing imports of fresh beef from Paraguay to resume, saying such a move would undermine U.S. credibility abroad.
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March 19, 2024
Trade Court Says US Demand For Garlic Bond Came Too Late
The U.S. Court of International Trade backed an insurance company's contention that the U.S. government waited eight years too long to demand payments for Chinese garlic imports the company covered, saying the government was contractually obligated to make a demand sooner.
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March 19, 2024
Feds Must Rethink Offsetting Polymer Duty Amid Data Issues
The U.S. Department of Commerce must explain why it granted an Indian polymer producer an offset that reduced its anti-dumping duties, after the importer failed to hand over data requested by investigators, the U.S. Court of International Trade said.
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March 19, 2024
US Chamber Report Details Digital Trade 'Peril' For USTR
Digital trade is growing faster than the U.S. economy overall and supporting approximately 3 million jobs, but the sector is in "peril" due to the Biden administration's e-commerce policy reticence, says a new U.S. Chamber of Commerce report.
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March 19, 2024
Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal
Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.
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March 18, 2024
GOP Rep. Calls For Crackdown On EV Threats From China
Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.
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March 18, 2024
Justice Roberts Denies Ex-Trump Aide's Bid To Avoid Prison
Former Trump White House adviser Peter Navarro is headed for federal prison.
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March 18, 2024
Airgun Exec Hiding Biz Info From Overseer, Court Told
The receiver of an airgun seller asked the North Carolina Business Court to tighten restrictions on its chief executive, who is accused of using the company as his personal piggy bank, telling the court that the executive is believed to be taking company property and money following "deteriorating cooperation."
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March 18, 2024
Singer Seeks Chancery OK To Pull Plug On Licensee Rights
The owner of rights and trademarks of Singer sewing machine products has sued its North American distributor in Delaware's Court of Chancery, seeking a court declaration that it could end their contract because the distributor failed to meet minimum billing and royalties requirements.
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March 18, 2024
EPA Bans Most Common Asbestos In 'Cancer Moonshot' Rule
The U.S. Environmental Protection Agency on Monday finalized a ban on the most prevalent variety of asbestos, the first asbestos risk management rule issued since the Toxic Substances Control Act was amended in 2016.
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March 18, 2024
Brita Brings ITC Filter Patent Row To Federal Circuit
The Clorox Co.'s Brita brand has urged the Federal Circuit to overturn a decision that found it failed to show that language in a patent covering the brand's "gravity flow" filter was specific enough to earn legal protection.
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March 18, 2024
Attorney For Sen. Menendez's Wife Conflicted, Feds Say
Nadine Menendez, the wife of U.S. Sen. Robert Menendez and his co-defendant in a federal corruption trial in Manhattan, may be disadvantaged at trial due to her counsel's having "personal knowledge of certain facts relevant to this matter" that could compel him to testify as a witness, federal prosecutors said.
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March 18, 2024
Energy Dept. Says Alaska LNG Review Passes Legal Muster
The U.S. Department of Energy on Friday defended its reapproval of a $43 billion liquefied natural gas project in Alaska, telling the D.C. Circuit that its additional environmental review sufficiently considered the climate change impacts of the controversial project.
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March 18, 2024
Commerce Finds Turkish Paper Shopping Bags Dumped In US
The U.S. Department of Commerce announced anti-dumping tariffs on paper shopping bags from Turkey, the first out of nine countries to get a final determination in a probe on whether the bags are hurting the U.S. through unfairly priced imports.
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March 15, 2024
Navarro Appeals To High Court To Stay Free As Prison Looms
Former Trump White House adviser Peter Navarro turned to the U.S. Supreme Court on Friday in his efforts to evade prison while he appeals his conviction for defying a subpoena related to the Jan. 6, 2021, attack on the U.S. Capitol.
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March 15, 2024
Feds' PACER Gaffe Doesn't Mean A Sure Win For Magnet Co.
Federal prosecutors may suffer a setback in a case accusing a magnet manufacturer of sharing sensitive military data with China after accidentally publicizing the same information, but they may have an out under a regulation governing publishing in the public domain.
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March 15, 2024
Chiquita MDL Experts Aren't Reliable, Parties Say
A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.
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March 15, 2024
Agriculture Biz Seeks Probe Into Chinese And Indian Weed Killers
An agriculture company is calling on U.S. trade agencies to investigate Chinese and Indian herbicide imports, alleging that rivals abroad are using unfair trade practices to get ahead in the U.S. market.
Expert Analysis
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Tossed FIFA Bribery Convictions May Spur New DOJ Offense
After a New York federal court vacated the bribery convictions of two defendants in the U.S. Department of Justice’s sprawling FIFA probe, prosecutors may continue to pursue foreign commercial corruption through other means, albeit with some limitations, say attorneys at Cleary.
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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.