International Trade

  • December 14, 2023

    Ericsson Sues Lenovo In Fed. Court, ITC Over Video Tech IP

    Swedish telecom giant Ericsson has filed complaints against Lenovo in federal court and at the International Trade Commission, alleging that Lenovo infringed Ericsson patents for high-efficiency video coding technology in its laptop computers and seeking to block importation of the devices.

  • December 14, 2023

    House Sends $886B Defense Bill To Biden's Desk

    The U.S. House of Representatives approved an $886 billion defense policy bill for 2024 on Thursday, temporarily extending a contentious electronic surveillance law while stripping out other controversial proposals such as a proposed move to end a Pentagon abortion policy.

  • December 14, 2023

    ITC Keeps Sonos Win Intact In Google IP Fight Over Speakers

    The U.S. International Trade Commission will let stand a judge's ruling that found Sonos did not violate trade law with the importation of audio players targeted in a patent infringement fight with Google, holding it would not ban imports of Sonos speakers after reviewing the decision.

  • December 14, 2023

    CoinList To Pay $1.2M To Settle OFAC Sanctions Claims

    Cryptocurrency exchange CoinList Markets LLC has agreed to pay $1.2 million over claims it processed nearly a thousand transactions from users in Crimea that apparently violated U.S. sanctions.

  • December 14, 2023

    Nail Co. Says Steel Tariffs Perfect Test Of Fed. Circ. Deference

    Oman Fasteners LLC urged the U.S. Supreme Court to review the Federal Circuit's deference standard favoring any presidential action that doesn't explicitly conflict with statutory language, saying former President Donald Trump intentionally misread the Trade Expansion Act to expand steel and aluminum duties.

  • December 14, 2023

    Commodities Firm Pays $106M To Settle Brazil Bribery Claims

    Freepoint Commodities LLC will pay more than $106 million to end allegations from the U.S. Department of Justice and the Commodity Futures Trading Commission that it bribed Brazilian government officials linked to the state-owned oil giant Petrobras, authorities announced Thursday.

  • December 14, 2023

    DC Circ. Seems Split On FCC Chinese Video Cam Import Ban

    Two Chinese security companies hoping to sway the D.C. Circuit to lift the FCC's import ban on their video cameras found a staunch opponent in U.S. Circuit Judge Florence Y. Pan, who didn't seem to buy their argument that Congress only intended the ban to cover broadband equipment.

  • December 14, 2023

    Treasury Floats Regs For Clean Energy Manufacturing Credit

    The U.S. Treasury Department offered eligibility and accounting guidance in proposed rules Thursday for producers and sellers of solar wafers, battery cells and other critical components of clean energy technologies that want to take advantage of the new manufacturing tax credit.

  • December 14, 2023

    Italian Pasta Makers Say US Used Flawed Method For Duties

    Two Italian pasta manufacturers stood by their contention that anti-dumping duties on pasta imports were based on bad math, telling the Federal Circuit that the U.S. had treated its pasta differently from a similar product when establishing the dumping margin.

  • December 14, 2023

    FDA Seized $18M Worth Of Imported Vapes At LA Airport

    Federal regulators and law enforcement have confiscated $18 million worth of unauthorized vape products sent from China to the United States, according to a Thursday announcement by the U.S. Food and Drug Administration, which said the haul included the wildly popular Elf Bar brand.

  • December 14, 2023

    FinCEN Names Veteran Treasury Atty As Deputy Director

    A longtime U.S. Department of the Treasury employee who formerly worked at Covington & Burling LLP has been named deputy director of the Treasury's Financial Crimes Enforcement Network, which is tasked with safeguarding the nation's financial system.

  • December 14, 2023

    Frozen Russian Assets In UK Climb To £22.7B

    The British government said Thursday that £22.7 billion ($29 billion) worth of assets frozen in relation to the Russian regime have been reported since Moscow launched its invasion of Ukraine in February 2022.

  • December 14, 2023

    Investor Says More Changes Required At Betting Biz Entain

    A U.S. hedge fund manager said Thursday that Entain must make more changes in order to ease investor concerns after the U.K. betting giant's chief executive resigned following the conclusion of an investigation into allegations the company failed to prevent bribery in Turkey.

  • December 13, 2023

    Pillar 1 Treaty Could Increase DSTs, US Chamber Says

    The draft OECD multilateral convention designed to implement a reallocation of taxable income among countries would likely cause double taxation and encourage more countries to enact the very digital services taxes the reallocation was intended to prevent, the U.S. Chamber of Commerce said.

  • December 13, 2023

    EU States, Parliament Agree To Set Up New AML Body

    The Council of the European Union and the European Parliament reached an agreement on Wednesday to establish a new anti-money laundering authority to crack down on the flow of illicit funds across the EU.

  • December 13, 2023

    Fed. Circ. Says None Of Newman's Mootness Args Hold Up

    A D.C. federal judge should throw out Federal Circuit Judge Pauline Newman's case against her colleagues for keeping her from hearing cases, given that the suspension she's challenging has been lifted, and there's essentially no chance for recurrence, the Federal Circuit Judicial Council said Wednesday.

  • December 13, 2023

    Reed Smith Says Barclays Held £21M In Limbo Over Sanctions

    Reed Smith LLP has hit back at a sanctioned UAE shipping company suing the law firm for £21 million ($26.3 million) after its funds were frozen over concerns of violating U.S. law, saying it can't force Barclays to release the money.

  • December 13, 2023

    Spain Cannot Use Immunity To Appeal Translator's Bias Win

    The Kingdom of Spain cannot use its diplomatic or state immunity to overturn a successful claim by a translator that she was harassed and discriminated against while working for its embassy in London, an English appeals court has ruled.

  • December 13, 2023

    UK Payments Watchdog Eyes Cap On Visa, Mastercard Fees

    The U.K. payments regulator shared plans Wednesday to cap cross-border interchange fees on card payments to protect businesses from overpaying, after Mastercard and Visa generated up to an extra £200 million ($250 million) by increasing tariffs over the past two years.

  • December 13, 2023

    Betting Biz Entain's Chief Steps Down After Resolving Bribery Probe

    The chief executive of Entain resigned with immediate effect on Wednesday following the end of an investigation into allegations that the U.K. betting giant failed to prevent bribery in Turkey.

  • December 12, 2023

    'Hot Tub' Keeps Experts In Hard Disk Part Price-Fixing Case

    A California federal judge overseeing a $163 million case accusing electronics manufacturers TDK Corp. and NHK International Corp. of fixing prices on hard drive components questioned two expert witnesses Tuesday in an hourslong courtroom "hot tub" before denying the manufacturers' request to exclude their testimony from the plaintiffs' class certification bid.

  • December 12, 2023

    Trade Court Backs 277% Duty For Indonesian Biodiesel Co.

    A trade court judge has backed most of a remand determination on Indonesian biodiesel from the U.S. Department of Commerce, including sky-high duties for one producer, in an opinion made public Tuesday, but remanded the determination again, citing double remedy concerns.

  • December 12, 2023

    Recycling Machines Crush Customs In Duty Row

    A trade judge sided with a North Carolina maker of industrial shredders and recycling technology, ruling that machines it imported from Germany should be reclassified as crushing machinery, which escapes U.S. tariffs.

  • December 12, 2023

    Controller Co. Nabs Restraining Order In Gaming IP Feud

    Video game controller designer Haowei Yang secured a temporary restraining order from a Michigan federal court Tuesday that blocks Chinese company Shenzhen Hongfangrui from advertising and selling allegedly infringing game controller joysticks.

  • December 12, 2023

    Slew Of New Sanctions Target Russia's Supply Networks

    The U.S. Department of the Treasury sanctioned more than 100 entities and individuals for supporting Russia's ongoing invasion of Ukraine on Tuesday, including military procurement networks and third parties that have helped Russia obtain machine tools, equipment and raw materials.

Expert Analysis

  • Rebuttal

    Law Needs A Balance Between Humanism And Formalism

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    A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

  • Short Message Data Challenges In E-Discovery

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    As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.

  • UK Ruling Offers Useful Guidance To Insolvency Practitioners

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    The recent U.K. High Court ruling in a matter involving Sova Capital represents the first unsecured credit bid to be approved by an English court, demonstrating a pragmatic approach to complex sanctions-related administrations and identifying a novel solution for insolvency practitioners to maximize value for the benefit of creditors, say attorneys at Katten.

  • Ambiguity In 'Buy America' Implementation May Slow Projects

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    The White House Office of Management and Budget's most recent guidance, which builds on a complex patchwork of Buy America restrictions that vary by federal agency, would perpetuate government contractors' uncertainty regarding product and material classification and could delay infrastructure projects, say attorneys at Miles & Stockbridge.

  • Opinion

    Thomas Report Is Final Straw — High Court Needs Ethics Code

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    As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

  • Halkbank Ruling May Mean More Foreign-State Prosecutions

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    The U.S. Supreme Court's recent ruling in Halkbank v. U.S. that the Foreign Sovereign Immunities Act does not apply to criminal cases involving foreign states and state-owned entities increases the risk of such prosecutions and significantly affects how these entities comport themselves in the U.S., say attorneys at Foley Hoag.

  • Joint Representation Ethics Lessons From Ga. Electors Case

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    The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.

  • Lawyer Discernment Is Critical In The World Of AI

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    In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.

  • US Cos. Should Prep For EU Green Claims Compliance

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    U.S. manufacturers should get ready now for the European Commission's recently proposed Green Claims Directive, which would require companies — and, potentially, foreign suppliers of parts and materials used in consumer goods— to substantiate any claims about the environmental merits of products sold in the European Union, say Maram Salaheldin and Kevin Kent at Clark Hill.

  • Recent BIS Moves Signal Export Control's New Era

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    Back-to-back developments at the Bureau of Industry and Security — including guidance on enhanced penalties for failure to voluntarily disclose export control violations, and a $300 million enforcement action against Seagate — suggest the consequences of noncompliance have never been higher, say attorneys at Ropes & Gray.

  • Don't Forget Alumni Engagement When Merging Law Firms

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    Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

  • Grappling With A Bright-Line Patent Expert Admissibility Test

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    Since the Federal Circuit required experts to meet the definition of a person of ordinary skill in the art before opining on an issue in Kyocera v. U.S. International Trade Commission last year, subsequent patent decisions applying Kyocera's expert admissibility test raise questions about a court's role as gatekeeper, say attorneys at Akin.

  • Biden Admin. Proposals Both Encourage And Thwart EV Adoption

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    While the Biden administration has been aggressively focused on promoting electric vehicles from the start, its recently issued guidance on EV tax credits and its restrictive new auto emissions proposal create a sense of implementation whiplash that may frustrate manufacturers and consumers, says Levi McAllister at Morgan Lewis.

  • Without Stronger Due Diligence, Attys Risk AML Regulation

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    Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

  • Every Lawyer Can Act To Prevent Peer Suicide

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    Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

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