International Trade

  • October 04, 2022

    Ex-Trump Ally Implies UAE Ties Were Routine Business

    An attorney for Thomas Barrack on Tuesday sought to show jurors during the illicit lobbying trial of the Colony Capital Inc. founder that his close relationship with United Arab Emirates officials was just a normal part of doing business for the globe-trotting former adviser to former President Donald Trump, pointing to the executive's numerous contacts with other world leaders. 

  • October 04, 2022

    War Continues To Complicate Ukrainian Refinery Award Feud

    A dispute between Ukraine and an energy company with alleged ties to the Russian government stemming from a post-Soviet agreement to operate Ukraine's largest oil refinery, which resulted in a $170 million arbitral award, remains mired in complications in U.S. federal court due to the ongoing war.

  • October 04, 2022

    Chevron, Exxon, Others Escape Calif. Gas Price-Fixing Case

    A California federal court has nixed a case accusing major refining companies, including units of BP, Chevron and Exxon Mobil, of colluding to artificially raise gasoline prices in the state, finding that the companies could have just been acting in their own interests.

  • October 04, 2022

    Nucor Assails Price Data In Latest Korean Electricity Tiff

    The U.S. Department of Commerce ignored "overwhelming" evidence that the South Korean authorities subsidized steel companies' electricity costs in calculating duties on their goods, Nucor Corp. argued in the latest row over the importers' power bills.

  • October 04, 2022

    Feds Say Missing Docs Kill 'Fancy' Plywood Allowance Bid

    The federal government is urging the U.S. Court of International Trade to end a "fancy" plywood importer's attempts to greatly reduce tariffs on allegedly damaged imports, saying the importer had no records showing its manufacturer was required to produce defect-free plywood.

  • October 04, 2022

    Steel Importers Ask Fed. Circ. To Rehear Duty Refund Suit

    Two steel importers on Tuesday again asked the Federal Circuit to revive their lawsuits seeking refunds on tariffs that were later rescinded, saying the court's previous decision refusing to save their case didn't consider a recently decided U.S. Supreme Court ruling.

  • October 04, 2022

    ITC Finds Synthetic-Diamond Driller Patents Unenforceable

    The U.S. International Trade Commission has decided that claims in a pair of patents covering a composition used to make synthetic diamond bits for oil and gas drilling should have never been issued, sinking efforts by the subsidiary of a Texas driller to ban allegedly infringing imports from China.

  • October 04, 2022

    Latham-Led Solina To Pay $588M For Smithfield Foods Unit

    European ingredients company Solina said Tuesday it has signed an agreement to acquire Saratoga Food Specialties, the seasonings business of U.S.-based pork producer Smithfield Foods, in a transaction worth an estimated $587.5 million. 

  • October 04, 2022

    EU, African Nations Continue Talks On Dispute Resolution

    Negotiators from the European Union and five African countries are still developing a procedure for dispute resolution as they work toward an expanded trade partnership, an effort now set against the backdrop of South Africa's challenge to newly enacted EU rules on citrus imports.

  • October 04, 2022

    NTIA Seeking To Waive 'Buy America' For Middle-Mile Program

    The National Telecommunications and Information Administration has proposed that "Buy America" requirements for a $42.5 billion broadband deployment program be waived for the "middle mile" infrastructure projects that connect internet hubs to local networks.

  • October 04, 2022

    Chipmaker Plans $100B Facility Investment In New York

    Memory chipmaker Micron Technology Inc. unveiled plans Tuesday to pour $100 billion over the next 20 years into the construction of a semiconductor factory in upstate New York, aided by state and federal incentives and funding.

  • October 03, 2022

    US, UK Deal To Speed Police Access To User Data Goes Live

    Law enforcement officials in the U.S. and U.K. can now more easily access user data held by electronic service providers in the other country to combat serious crimes, under a novel deal between the nations that took effect Monday. 

  • October 03, 2022

    Tillerson Says He Never Tapped Trump Ally For Diplomacy

    Former U.S. Secretary of State Rex Tillerson on Monday told a New York federal jury in the illicit lobbying trial of Thomas Barrack that he never told the former adviser to ex-President Donald Trump to engage in any diplomacy, nor was he aware of Barrack's involvement in U.S. foreign policy.

  • October 03, 2022

    US Tells 9th Circ. It Has Rights To $380M Award Held In UK

    The U.S. government has urged the Ninth Circuit to uphold a lower court decision letting American prosecutors seize a nearly $380 million arbitral award held by a U.K. court in a dispute over embezzled funds in Malaysia, saying the U.K. court expressly embraced U.S. jurisdiction.

  • October 03, 2022

    Ben & Jerry's Says Unilever 'Covertly' Took TMs After Merger

    Unilever "covertly" took control of Ben & Jerry's trademarks following their merger in 2000, the ice cream giant said in an amended New York federal court complaint that seeks to block its parent from selling its products in the West Bank.

  • October 03, 2022

    Myovant Sees Stock Soar After Rejecting $2.5B Takeover Bid

    Stock in Swiss-based Myovant Sciences Ltd. jumped nearly 37% Monday after the biopharmaceutical company announced it had rejected as too low a $2.5 billion enterprise value offer from Japanese company and majority shareholder Sumitovant Biopharma Ltd.

  • October 03, 2022

    Feds Say Glitter Changes Tariffs For Canadian Floral Decor

    The federal government urged the U.S. Court of International Trade to keep tariffs in place on a Canadian company's floral decor imports, saying the business's painted, lacquered and dried decorative plants underwent enough processing to be ineligible for duty-free treatment. 

  • October 03, 2022

    SEC Denial Of Whistleblower Bounty Looks Safe In 2nd Circ.

    The Second Circuit appeared strongly inclined Monday to uphold the U.S. Securities and Exchange Commission's denial of a whistleblower award to an unnamed key cooperating witness in a large foreign bribery case that yielded a separate $110 million whistleblower payout.

  • October 03, 2022

    Catching Up With Delaware's Chancery Court

    What do drones, electric cars, eggs, chocolate and time-wasting have in common? They're all part of the news out of Delaware Chancery Court this week. And that's not even counting all the disputes between Twitter Inc. and Tesla CEO Elon Musk, which are ratcheting up as the Oct. 17 trial over the scuttled $44 billion deal approaches.

  • October 03, 2022

    Fed. Circ. Reviews ITC Ban On Philip Morris IQOS Devices

    A Federal Circuit panel on Monday questioned whether the U.S. International Trade Commission made a sufficient attempt to consult with the U.S. Food and Drug Administration before imposing an import ban on Philip Morris' FDA-approved IQOS-branded products for allegedly being knockoffs.

  • October 03, 2022

    Chinese Vitamin C Cos. Escape 2nd High Court Review

    The U.S. Supreme Court on Monday refused to take up a long-running price-fixing case against a pair of Chinese exporters, after the Second Circuit tossed the claims for a second time following an earlier revival by the justices over concerns about foreign relations.

  • October 03, 2022

    1st Circ. Mulls More Active Role In Border Search Challenges

    The First Circuit on Monday questioned whether it should take a more active role in determining how long the government can hold onto electronic devices seized at the border as it weighed the appeal of a Chinese national who admitted to breaking export laws.

  • October 03, 2022

    High Court Agrees To Hear Halkbank Sanctions Fight

    The U.S. Supreme Court on Monday agreed to consider whether Turkey's state-backed lender Halkbank is immune from prosecution for allegedly helping Iran evade U.S. sanctions, almost a year after the Second Circuit held that the bank must face charges over a purported multibillion-dollar money laundering and fraud scheme implicating top Turkish officials.

  • October 02, 2022

    Tillerson To Take Stand In Trump Ally's Foreign Lobbying Trial

    Former U.S. Secretary of State Rex Tillerson will be called as a witness for the government in the trial of Colony Capital Inc. founder Thomas Barrack, in a case accusing the onetime Trump confidant of secretly acting as an agent of a foreign government.

  • September 30, 2022

    The 5 Biggest Cases This Supreme Court Term

    The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch. 

Expert Analysis

  • Attys Shouldn't Assume Judicial Critique Is Protected Speech

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    As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

  • Opinion

    Time For Biden And Congress To Fix The ITC

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    The U.S. International Trade Commission has become a favorable legal forum for patent plaintiffs, with nonpracticing entities often weaponizing trade law and the harsh penalties available at the ITC, so Washington should take some critical steps to reaffirm the commission's public interest obligation, says Joshua Landau at the Computer & Communications Industry Association.

  • Series

    Keys To A 9-0 High Court Win: Practicality Over Perfection

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    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • What New Bar Exam Means For Law Students And Schools

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    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Making The Argument For A Meaningful Sentence Reduction

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    As a recent case in Florida federal court shows, when a criminal defendant accepts responsibility but still faces a sentencing guideline that exceeds a statutory cap, counsel should rely on Eleventh Circuit precedent to argue in favor of a meaningful reduction of prison time, say Joseph DeMaria and Marissa Kingman at Fox Rothschild.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • What's At Stake In Court Split Over Foreign Bribery Charges

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    Texas and Florida federal courts recently reached opposite conclusions on the extraterritorial application of U.S. money laundering laws in foreign bribery prosecutions, and if the Fifth Circuit upholds the Texas court’s reasoning, the U.S. Department of Justice could lose a significant enforcement tool, say James Koukios and Heather Han at MoFo.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • Cos. That Mislead About ESG Compliance Do So At Their Peril

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    Updating marketing materials to appear compliant with a growing network of sustainability and human rights laws, without investing in thorough compliance measures, is a shortcut that puts a company at increasing risk for government enforcement, as well as civil actions initiated by angry consumers, says Angelika Hellweger at Rahman Ravelli.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Biden Order's New Lens Puts Foreign Transactions In Focus

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    President Joe Biden's landmark executive order on national security factors that will be considered by the Committee on Foreign Investment in the United States provides a new perspective for parties addressing questions and concerns on transactions, and reaffirms the role of CFIUS in national security, say attorneys at Simpson Thacher.

  • Ex-Alstom Exec's 2nd FCPA Acquittal Limits Agency Theories

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    The Second Circuit recently upheld the second post-trial acquittal of an ex-Alstom executive on Foreign Corrupt Practices Act bribery charges, imposing a significant evidentiary burden on U.S. regulators arguing agency-based theories of FCPA jurisdiction, say attorneys at Covington.

  • The Pros And Cons Of US-China Auditing Oversight Deal

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    A recent agreement between the Public Company Accounting Oversight Board and Chinese securities regulators opens the door for U.S.-listed companies audited by China-based accounting firms to continue trading on U.S. exchanges, but may also increase companies' enforcement risk, say attorneys at Morgan Lewis.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

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