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International Trade
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April 29, 2024
Herbert Smith Adds Bankruptcy Pro To Thai Disputes Practice
Herbert Smith Freehills has hired an expert in construction disputes and insolvency and bankruptcy matters as a new partner for its Bangkok office, a move the firm says will strengthen its disputes practice in Thailand's capital.
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April 29, 2024
Singapore Tech Co. To Pay FTC $1.17M In Mask False Ad Suit
The Federal Trade Commission has inked a $1.17 million deal with Singaporean American company Razer Inc. and its affiliates to resolve claims that it falsely advertised its "Zephyr" air purifier masks as being equivalent to N95 face masks.
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April 29, 2024
Trade Court Presses Commerce Dept. On Korean Electricity
The question of whether South Korean authorities subsidize the country's steel producers is again before the trade court as of Monday, with the U.S. Department of Commerce heading into a third remand over a 2018 duty review.
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April 29, 2024
Menendez Defense Wants To Probe Qatari-Tied Investment Co.
Defense attorneys representing U.S. Sen. Bob Menendez in the government's second bribery case against the New Jersey Democrat want to depose the general counsel and chief operating officer of an entity dubbed "Qatari investment company," according to filings made in New York federal court.
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April 29, 2024
Venezuela Says It Has Proof Of Special Master Improprieties
Venezuela has asked a Delaware federal judge to disqualify the special master overseeing the sale of Citgo Petroleum Corp.'s parent company to repay billions of dollars in Venezuelan debt, saying it now has proof he engaged in improper advocacy before the Biden administration.
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April 29, 2024
U.S. Army Major Convicted Of Smuggling Guns Into Ghana
A 42-year-old U.S. Army major has been found guilty of smuggling guns to Ghana and lying on the stand in a separate criminal case about his sexual relationship with a witness, federal prosecutors in North Carolina announced Monday.
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April 29, 2024
Russia Sanctions Creating 'Shadow Fleet,' Insurers Warn
The increasing compliance burdens that come from a price cap on Russian oil has led to the exodus of 800 tankers from the Western insurance market, a trade association has warned.
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April 29, 2024
Justices Deny Review Of Hezbollah-Tied Bank's Immunity
The U.S. Supreme Court on Monday refused to examine whether sovereign immunity shields a defunct Lebanese bank from terrorism victims' allegations the bank funded Hezbollah, despite the victims' contention that an answer would provide clarity for disputes involving foreign trade.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
TikTok Ban Reveals Congress' Power In Place Of CFIUS Limits
The new law calling for TikTok's Chinese parent company to sell the app or get banned in the U.S. reflects the limits of national security reviews and shows how Congress and the president may bolster, or circumvent, them going forward.
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April 26, 2024
Europeans Try To Ease Dispute Process In Canada Trade Pact
The European Commission on Friday proposed new rules to help small and medium-sized businesses access a yet-to-be established investor court that was included in the bloc's nearly seven-year-old trade deal with Canada.
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April 26, 2024
HP Defeats Video Coding Patent Case At ITC
The U.S. International Trade Commission has terminated a patent case against HP Inc. by VideoLabs Inc. over video coding patents, agreeing with an administrative law judge that the asserted claims are invalid as indefinite.
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April 26, 2024
Commerce Restricts Gun Exports To 'High-Risk' Countries
The U.S. Department of Commerce on Friday issued a rule restricting exports of firearms and ammunition to "high-risk" countries, a move it said is intended to avoid U.S. national security and foreign policy interests being undermined by misuse of those weapons.
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April 26, 2024
DC Circ. Says Bomb Victims Can't Go After World Bank Or IMF
Victims of a 2016 terrorist bombing in Afghanistan who secured a $138.4 million judgment against the Taliban and other entities cannot attach assets held by the International Monetary Fund and World Bank that the victims alleged belong to the Taliban-controlled Afghan central bank, the D.C. Circuit ruled Friday.
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April 26, 2024
US Says 2 Chinese Nationals Smuggled Semiconductor Tech
The U.S. has charged two Chinese nationals with conspiring to smuggle semiconductor technology to a blacklisted Chinese company, according to an announcement from the U.S. Department of Justice.
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April 26, 2024
Pacific Territories Temporarily Freed From 'Buy America' Rules
The Northern Mariana Islands, Guam and American Samoa are exempt from "Buy America" requirements for certain federally funded infrastructure projects until March 2025, according to a policy the U.S. Department of Transportation released Friday to reduce the far-flung territories' infrastructure costs.
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April 26, 2024
Rep. Stefanik Calls For DOD To Kick Off Critical Mineral Policy
Rep. Elise Stefanik, R-N.Y., is urging the U.S. Department of Defense to speed up the implementation of a new policy to boost domestic processing of rare-earth elements, which are critical for military equipment, saying this will make the United States less reliant on China.
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April 26, 2024
Insurer Signs First Settlement Over Russia-Stranded Planes
An aircraft lessor and an insurer have settled their fight over payouts for planes stranded in Russia after its invasion of Ukraine, the first agreement out of dozens of battles worth billions of dollars involving major insurers.
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April 25, 2024
GOP Lawmakers Want Intel Chip Exports To Huawei Blocked
Sen. Marco Rubio, R-Fla., and Rep. Elise Stefanik, R-N.Y., demanded Wednesday that the U.S. Department of Commerce "immediately revoke" all export licenses granted to Huawei, following the Chinese technology giant's recent announcement that it plans to use new Intel chips with artificial intelligence capabilities in its latest personal computers.
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April 25, 2024
Court Brushes Off Door Co.'s Bid To Hasten Duty Refund
The U.S. Court of International Trade backed U.S. Customs and Border Protection's timeline for unwinding duties on door thresholds from Vietnam after the agency reversed a previous evasion finding, saying CBP's redetermination became final after the court's approval.
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April 25, 2024
7th Circ. OKs Pausing Nail Polish IP Suit For Ownership Fight
A company registered in New Jersey that sells nail polish has failed to persuade a federal appeals court to let it move ahead with its trade secrets case in a Chicago federal court against its former business partners in China until first resolving an ownership dispute "lurking just beneath the surface."
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April 25, 2024
Dominican Republic, Uzbekistan No Longer On IP Watch List
The Office of the U.S. Trade Representative announced Thursday it has removed the Dominican Republic and Uzbekistan from its watch list of countries with poor track records on intellectual property protection, keeping close trade partners Mexico and Canada on the roster.
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April 25, 2024
UK Antitrust Arm Frontloads In-Depth Merger Probes
U.K. antitrust authorities finalized extensive changes Thursday to their in-depth merger probes, with an emphasis on frontloading the process for sooner — and more informal — talks with companies under investigation.
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April 24, 2024
Energy Charter Treaty Backlash Hints At Broader Arbitration Woes
Lawmakers in Europe on Wednesday overwhelmingly consented to the European Union's withdrawal from the Energy Charter Treaty, adding to an increasing global backlash against investor-state arbitration that was also laid bare in a vote by Ecuadorians decisively rejecting the mechanism this past weekend.
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April 24, 2024
Hedge Fund Says Credit Suisse Misled On Bonds' Health
U.S.-based hedge fund Appaloosa LP is accusing the former Credit Suisse in New Jersey federal court of misleading investors about its financial health before $17 billion of its bonds were wiped out in a merger with its Swiss competitor UBS.
Expert Analysis
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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How US Companies Can Wield The New Foreign Bribery Law
U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Global Cartel Enforcement Looks Set To Intensify In 2024
The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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4 Questions On Groundbreaking New Foreign Bribery Law
The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement
Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.