International Trade

February 08, 2023
DOE Shirked Climate In LNG Export Approvals, Sierra Says

The Sierra Club told the D.C. Circuit that the U.S. Department of Energy failed to take into account national and international commitments to combat climate change when it approved additional liquefied natural gas exports from a pair of not-yet-built terminals on the Gulf Coast
February 08, 2023
5th Circ. Revives Charges Against 2 In Venezuela Bribery Case

The Fifth Circuit on Wednesday revived a criminal complaint against two Venezuelans charged in an international scheme in which U.S.-based businesses allegedly bribed Venezuelan officials for favorable treatment from state-owned oil company Petroleos de Venezuela SA, saying U.S. laws applied to the case.
February 08, 2023
DOJ's New Cooperation Carrots May Not Whet Cos.' Appetites

The U.S. Department of Justice's latest updates to its corporate criminal enforcement policies may motivate companies to self-disclose misconduct in specific circumstances, but their impact will likely be limited without further guidance or examples of how they play out in practice, experts said.
February 08, 2023
In Reversal, Europe's Executive Arm Looks To United ECT Exit

The European Commission has changed course on the Energy Charter Treaty several months after European Union member states were unable to reach a majority in favor of reform, and will now advocate for the bloc's wholesale withdrawal from the controversial trade pact.
February 08, 2023
ITC Says Sodium Nitrite From India Undercuts U.S. Industry

The U.S. International Trade Commission ruled Wednesday that sodium nitrite imports from India are government-subsidized and sold at less than fair value in the U.S., undercutting domestic producers.
February 08, 2023
Swisher Wants $20M In Sanctions For 'Sham' Antitrust Case

Tobacco company Swisher has asked a California federal court to force a rival to cover nearly $20 million in costs for a long-running case accusing Swisher of anti-competitive conduct and contract breaches, contending the "entire case was a sham."
February 08, 2023
Samsung Unit Pays $1M To End Customs Fraud Case

The U.S. arm of Korean construction giant Samsung C&T Corp. must pay a $1 million fine after admitting to misclassifying shoe imports and underpaying tariffs, the U.S. Department of Justice announced.
February 08, 2023
White House Seeks More US-Made Materials For Infrastructure

The White House took steps Wednesday to clarify and tighten a requirement that construction materials used in federal infrastructure projects must be produced in the United States.
February 08, 2023
White Collar Attys Brace For More Latin America FCPA Action

Foreign Corrupt Practices Act enforcement in Latin America is forecast to remain hot as U.S. regulators strengthen partnerships with their counterparts in certain parts of the region amid the Biden administration's continued focus on tamping down international corruption.
February 08, 2023
Top UK Court Upholds N. Ireland Post-Brexit Trade Arrangements

Britain's top court ruled Wednesday that the country's post-Brexit trade arrangements for Northern Ireland are lawful, finding the protocol creating a trade border between Northern Ireland and the rest of the U.K. takes precedence over a centuries-old law governing the Union of Great Britain and Ireland.
February 07, 2023
Biden State Of The Union Touts 'Buy America'

President Joe Biden vowed to shore up American manufacturing, continue funding transportation infrastructure projects and electric vehicle development, and unveiled measures to curb airlines' customer fees in his second State of the Union address Tuesday night.
February 07, 2023
'Secret Stash' Of Docs Needed To Save China Tariffs, CIT Told

Counsel for importers challenging sweeping tariffs on Chinese goods repeatedly complimented the government for its careful handling of comments around what products to levy during oral arguments Monday but concluded that the trade court must nevertheless lift the duties.
February 07, 2023
Green Groups Sue EPA Over Ship Discharge Regulations

Two nonprofit groups have sued the U.S. Environmental Protection Agency in California federal court on claims that it has failed to fight pollution from oceangoing vessels by establishing discharge regulations that would protect American waterways, saying the EPA is two years late in setting those standards.
February 07, 2023
Fed. Circ. Reaffirms National Security Duty Expansion

The U.S. Court of Appeals for the Federal Circuit on Tuesday again endorsed the presidential authority to increase national security tariffs on steel, saying former President Donald Trump's decision to expand tariffs to steel derivatives was clearly within his authority.
February 07, 2023
Fed. Circ. Mulls How Steel Tariffs Fit With Other Duties

The U.S. Department of Commerce broke with its own policy when it crafted higher anti-dumping duties on steel imports by deducting national security tariffs from the price of the goods, counsel for a Turkish steel importer told a Federal Circuit panel Tuesday.
February 07, 2023
DC Court Nixes Challenge To Canadian Medicine Import Rule

Groups representing the domestic pharmaceutical industry lost their suit against a federal policy allowing states and tribes to import cheaper Canadian drugs, after a D.C. federal judge ruled the groups can't claim harm when no imports have been cleared yet.
February 07, 2023
Nucor Seeks Higher Duties On S. Korean Steel Plate

American steel producer Nucor is requesting that the U.S. Department of Commerce revisit South Korea's electricity pricing scheme, arguing that the agency erred in deciding its Korean competitors did not receive subsidized power.
February 06, 2023
GAO Wants State Dept. To Improve Export Violation Tracking

The U.S. Government Accountability Office has urged the U.S. Department of State to track data from disclosures of potential export regulation violations more closely, saying that the department can't readily determine how many disclosures involve defense services, hampering oversight.
February 06, 2023
Pfizer Must Produce Exchanges With FBI In Data Swiping Suit

Pfizer must disclose a tranche of 35 emails and text messages that the pharmaceutical giant exchanged with the FBI before filing a civil trade secrets lawsuit against two former executives who quit and formed a new company, a U.S. magistrate judge in Connecticut has ruled.
February 06, 2023
Mondelez Says EU Antitrust Probe Could Cost €300M

Snack giant Mondelez is estimating that it will cost it €300 million ($321.7 million) to resolve the European Commission's inquiry into whether it has been meddling with competition by working out agreements to hinder the flow of chocolate, coffee and cookies across borders in the bloc.
February 06, 2023
No FTC Decision On In-House Fight Over Meta-Within Deal

Federal Trade Commission officials ruled out a circuit court appeal Monday after a California federal judge refused to temporarily block Meta's purchase of virtual reality fitness app maker Within Unlimited, but said they haven't made a decision on continuing with an in-house challenge to stop the merger permanently.
February 06, 2023
5th Circ. Mulls Sales Refusals In Steel Antitrust Row

Fifth Circuit judges pressed a trio of steel companies during oral arguments Monday on whether the country's largest steel producers effectively enacted a group boycott of a steel plate manufacturer after they declined to sell it materials as tariffs on imported steel shot up.
February 06, 2023
Fed. Circ. Scolds Commerce Before Tossing Tire Duty Case

A Federal Circuit panel upbraided the U.S. Department of Commerce for failing to explain the process at the center of a tariff challenge Monday, before tossing the importer's case and leaving the duty rate in place.
February 06, 2023
High Court Ruling Hobbles Climate Policy Moves, Sen. Says

The U.S. Supreme Court's blockbuster ruling last year in West Virginia v. Environmental Protection Agency threatens to not only hamstring climate change efforts by the Biden administration, but Congressional efforts as well, a top Senate climate hawk said Monday.
February 06, 2023
Pyrex Misled Customers With 'Made In USA' Claim, Suit Says

The maker of Pyrex kitchenware was hit with a lawsuit on Monday in Maryland federal court alleging the company continued to advertise some of its products as "proudly made in the USA" after moving its manufacturing to China during the COVID-19 pandemic.

Expert Analysis

Preparing For Enforcement Of IT Supply Chain Security Rule

With indications that the U.S. Department of Commerce may imminently begin enforcement of a rule addressing national security risks in the information technology supply chain, companies can prepare by implementing techniques similar to those employed during reviews by the Committee on Foreign Investment in the United States, say Tyler Grove and John Hannon at Hughes Hubbard.
Examining 4 Areas Where DOJ Faced Recent Setbacks

The U.S. Department of Justice’s disappointing results last year in several high-profile initiatives, from antitrust to foreign influence prosecutions, may lead to greater internal scrutiny of cases moving forward, but vigorous white collar enforcement shows no signs of slowing down, say attorneys at Keker Van Nest.
The Discipline George Santos Would Face If He Were A Lawyer

Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.
10 Areas To Watch In Aerospace And Defense Law

Joseph Berger and Francis Purcell at Thompson Hine discuss what's ahead for federal contractors, given the government's continued focus on aiding Ukraine and sanctioning Russia, pending cybersecurity and climate disclosure regulations, U.S. leadership in new and emerging technologies, and more.
FinCEN Report Holds Key Russia-Linked Risk Considerations

A recent report from the Financial Crimes Enforcement Network reminds financial institutions to review guidance issued on reporting Russia-linked suspicious activity, emphasizing the need to review anti-money laundering and sanctions monitoring processes to remain adaptive to global developments, say Siana Danch and Peter Hardy at Ballard Spahr.
A Litigation Move That Could Conserve Discovery Resources

Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
Litigators Should Approach AI Tools With Caution

Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
Tips For Sanctions Screening Of Non-Latin Language Entities

Kenneth Nunnenkamp and Ivon Guo at Morgan Lewis discuss how phonetic transliteration from one alphabet or writing system to another complicates name-checking for sanctions due diligence, and provide useful methods to facilitate this otherwise knotty process.
Takeaways From First Anti-Terrorism Act Prosecution Of A Co.

The U.S. Department of Justice’s precedent-setting prosecution of cement company Lafarge under the Anti-Terrorism Act reveals the long arm of U.S. law, reiterates the need for preacquisition due diligence, and reinforces the trend of international cooperation among enforcement authorities, say attorneys at Arnold & Porter.
5 Ways Attorneys Can Use Emotion In Client Pitches

Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
Europe's New Unitary Patent System Will Affect IP Agreements

Marco Stief at Maiwald discusses key points in intellectual property agreements that legal practitioners will need to consider in Europe's soon-to-open centralized patent court, including regional exclusivity in different contracting member states.
5 Keys To A Productive Mediation

Excerpt from Practical Guidance

Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
How Appetizing Will Cos. Find The DOJ's New Carrots?

The U.S. Department of Justice’s latest corporate enforcement policy updates provide greater incentives for companies that voluntarily self-disclose wrongdoing, but given the potential perils of extraordinary cooperation, companies may find some of these carrots less appetizing, say attorneys at Morgan Lewis.
Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.
Consequences For US Cos. If Russia Gets Official Terror Label

As reports of war crimes mount nearly one year into Russia’s invasion of Ukraine, the U.S. Department of State could give Russia or its mercenary Wagner Group official terrorist designations, exposing any company that indirectly or unintentionally contributes to the war effort to new liability, says Kevin Carroll at Hughes Hubbard.