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International Trade
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May 23, 2024
Commission Paves Way For Duties On Brass Rod Imports
The U.S. International Trade Commission ruled 3-1 that imported brass rods, used in cell tower networks and military braking systems, has been economically harming the domestic market.
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May 22, 2024
Activist Investor Must Face Exxon's Suit Over Proxy Proposal
A Texas federal judge Wednesday refused to dismiss an Exxon Mobil Corp. lawsuit against a U.S.-based activist investor over a now-withdrawn shareholder proposal concerning climate change, saying it isn't certain they won't refile their proposal in the future.
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May 22, 2024
China Sanctions 12 US Defense Firms For Taiwan Arms Sales
China announced on Wednesday that it has issued sanctions against units of a dozen U.S. defense firms, including Lockheed Martin and Raytheon, plus several executives over sales of military weaponry and arms to Taiwan, three days after it sanctioned units of Boeing and General Atomics for similar reasons.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Solar Cell Duties May Inadvertently Crush Domestic Industry
A bevy of new duty rules on solar cell imports from Asia, coupled with a government investigation instigated by domestic producers unconventionally claiming to protect future homegrown manufacturing, could backfire on the Biden administration's efforts to boost the nascent domestic sector.
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May 22, 2024
Fla. Judge Won't Pause Russian Planes Coverage Suit
A Florida judge on Wednesday refused to pause an aircraft leasing company's coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, denying a request by some of the company's insurers to wait until litigation in the U.K. is resolved.
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May 22, 2024
GOP State Leaders Tell Justices Mexico Can't Sue Gunmakers
Republican attorneys general of 26 states plus the Arizona Legislature have urged the U.S. Supreme Court to reverse a First Circuit decision that revived a lawsuit filed by the Mexican government seeking to hold the firearms industry responsible for drug cartel violence due to weapons trafficked across the border.
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May 22, 2024
MilliporeSigma Avoids Charges As DOJ Extols Self-Disclosure
Life sciences firm MilliporeSigma won’t face charges over the illegal exportation of products to China, in what the Justice Department said Wednesday was the first time its National Security Division had declined prosecution under a policy intended to encourage companies to voluntarily disclose wrongdoing,
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May 22, 2024
Commerce Lifts Xanthan Gum Duty That Trade Court Rebuked
The U.S. Department of Commerce reluctantly erased anti-dumping duties on Chinese xanthan gum after being twice rebuked by the U.S. Court of International Trade for penalizing a company with higher duties based on issues with its sales data.
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May 22, 2024
Oil Tanker Operators To Pay $2M For Dumping Oil From Ship
The operators of the motor tanker PS Dream pled guilty in Louisiana federal court as part of a $2 million plea deal with the U.S. Department of Justice that includes four years of probation, after a whistleblower shared a video of oil being deliberately pumped overboard in January 2023.
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May 22, 2024
UK Gov't Calls Elections For July 4 Despite Poor Polls
Prime Minister Rishi Sunak on Wednesday called an early general election to be held on July 4, advancing the electoral timetable even though his Conservative Party lags decisively behind the opposition Labour Party.
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May 21, 2024
PetroSaudi Says $380M Award Feud Close To Resolution
A PetroSaudi unit and the Biden administration are nearing a settlement to resolve a bitter dispute over the proceeds of a nearly $380 million arbitral award allegedly tied to embezzled 1Malaysia Development Berhad funds, which the government has been looking to seize for years, the parties said Monday.
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May 21, 2024
Groups Push For Official USMCA Interpretation To Nix Claims
Nearly three dozen left-leaning groups are urging North American trade officials to issue an official interpretation of a disputed provision in the U.S.-Mexico-Canada Agreement, which they say could help nix claims seeking billions of dollars that are pending against all three countries.
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May 21, 2024
Feds Fight Philly Port Authority's River Expansion Suit
The U.S. Army Corps of Engineers has denied allegations made by the Philadelphia Regional Port Authority that building a new port on the Delaware River southwest of Philadelphia would cut off shipping business to the city in favor of the First State.
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May 21, 2024
Feds Say Importer Can Get Domestic Steel, Instead Of Duty Relief
The U.S. Department of Commerce defended its refusal to exempt a steel company from potentially millions of dollars worth of national security tariffs, saying it was swayed by evidence that the company could source materials domestically.
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May 21, 2024
Indonesian Mattress Cos. Say Duties Are Based On Irrelevant Info
Indonesian mattress producers called on the U.S. Court of International Trade to unwind anti-dumping tariffs that they claim were based on financial information from a company with completely dissimilar operations.
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May 21, 2024
US Steel And Cleveland-Cliffs Spar Over Merits Of Nippon Deal
U.S. Steel sought to "correct the record" regarding its planned $14.9 billion sale to Nippon Steel on Tuesday, highlighting its continued faith in the deal while blasting what it called a "misinformation campaign" from rival Cleveland-Cliffs.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 20, 2024
Ex-BlackRock VP Says He Was Fired After Whistleblowing
BlackRock Inc. has been sued in New York state court by a former vice president and purported whistleblower who alleged he faced retaliation and wrongful termination after raising concerns about self-dealing, corruption and conflicts of interest at the asset management firm.
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May 20, 2024
Colombia's Objections Tossed In $10B Sunken Treasure Claim
An international tribunal has denied the Republic of Colombia's jurisdictional objections in a $10 billion arbitration stemming from a decades-old dispute over a sunken treasure of gold and jewels from an 18th-century shipwreck off the country's coast.
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May 20, 2024
Fed. Circ. Blesses Commerce's Tariffs On Spanish Olives
The Federal Circuit on Monday upheld the U.S. Department of Commerce's countervailing tariffs on Spanish table olives, backing the department's determination that the businesses that processed raw olives into table olives benefited from the subsidies given to the farmers.
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May 20, 2024
Caterpillar, Equipment Co. Seek New Trial After $100M Verdict
Caterpillar and a defunct equipment importer have asked a Delaware federal court for a new trial after a jury cleared Caterpillar of antitrust violations but found it caused the importer $100 million in damages by interfering with its contract.
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May 20, 2024
Senate Report Ties Automakers To Uyghur Forced Labor
BMW, Jaguar Land Rover and Volkswagen imported cars and their parts that were manufactured by a Chinese company sanctioned for using forced labor, according to a congressional report released Monday raising concerns about compliance with recent measures to crack down on labor violations.
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May 20, 2024
China Sanctions 3 US Firms For Arms Sales To Taiwan
The Chinese Government has sanctioned units of Boeing, General Atomics and General Dynamics over the companies' sales of weapons to Taiwan, barring the companies from trade or investment in China, citing alleged threats to its sovereignty.
Expert Analysis
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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New Russia Sanctions Reveal Int'l Enforcement Capabilities
Significant new U.K., U.S. and EU sanctions imposed on Russia notably target Europe-based individuals and entities accused of sanctions evasion, and with an apparent political will to enhance capabilities, the rhetoric is translating into international enforcement activity, say lawyers at Cadwalader.
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Why Oncology Deal Making Continues To Fuel Biotech M&A
The biotech sector's potential for advancements in cancer care continues to attract deal-maker interest, and the keys to successful mergers and acquisitions include the ability to integrate innovative therapies, leverage technological advancements and respond to the dynamic needs of patients, say Bryan Luchs and Mike Weir at White & Case.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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How Harsher Penalties For AI Crimes May Work In Practice
With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.
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Investment Advisers Should Prep For Money Laundering Regs
Investment advisers should prepare for a Financial Crimes Enforcement Network proposed rule that would significantly expand anti-money laundering and counter-financing of terrorism obligations by assessing illicit financing risks, and expect examiners to scrutinize unregistered advisers and those with certain foreign clients, say attorneys at Paul Weiss.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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EU Inquiry Offers First Insight Into Foreign Subsidy Law
The European Commission's first in-depth investigation under the Foreign Subsidies Regulation into a public procurement process, and subsequent brief on regulatory trends, sheds light on the commission's approach to such cases, as well as jurisdictional, procedural and substantive issues under the regulation, says Matthew Hall at McGuireWoods.
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What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.
A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Opinion
European Union Criticisms Of The FCPA Are Misguided
Some in the European Union have criticized U.S. enforcement of the Foreign Corrupt Practices Act for what they perceive as jurisdictional overreach, but this appears to overlook the crucial fact that jurisdiction is voluntary, and critics should focus instead on the lack of equivalent laws in their own region, say John Joy and YuTong Wang at FTI Law.