International Trade

  • April 19, 2024

    Fla. Can't Wage Real Estate War On Foreigners, 11th Circ. Told

    A group of Chinese citizens and a brokerage firm urged the Eleventh Circuit on Friday to block Florida from enforcing a law prohibiting certain foreign nationals from owning land while they challenge the statute's constitutionality, saying it's discriminatory and preempted by federal authority.

  • April 19, 2024

    Commerce Again Ordered To Back Chinese Flooring Duty Data

    The U.S. Court of International Trade on Friday ordered the U.S. Department of Commerce to again justify using Brazilian data when calculating duties for Chinese wood flooring, saying Commerce failed to back its decision with evidence for a second time.

  • April 19, 2024

    China Seeks To Boost Hong Kong's Status As Market Hub

    China's securities regulators unveiled several measures on Friday designed to boost Hong Kong's stature as an international hub and ultimately benefit both jurisdictions amid lean times for capital raising, according to statements from securities officials.

  • April 19, 2024

    Gibbons Atty Won't Testify In Menendez Bribery Trial

    A Gibbons PC lawyer who is counsel for one of U.S. Sen. Robert Menendez's co-defendants in his federal bribery trial set to start next month will not be called to the witness stand after defense lawyers and prosecutors agreed Friday to a stipulation about the facts that would have been part of his testimony.

  • April 18, 2024

    Lack Of Process Delays CFIUS Enforcement, Watchdog Says

    The interagency committee tasked with ensuring that foreign investments do not jeopardize national security lacks a formal process for launching enforcement actions against companies that run afoul of their commitments, according to a watchdog report made public Thursday.

  • April 18, 2024

    Lebanese Bank To Face Victims' Hezbollah Terrorism Suit

    New York's highest court ruled Thursday that an entity that acquires another entity's liabilities and assets inherits its status for purposes of personal jurisdiction even if there is no merger, greenlighting litigation targeting a Lebanese bank over its predecessor's alleged assistance to Hezbollah.

  • April 18, 2024

    Fed. Circ. Maintains Newman Can't Invalidate Disability Law

    Suspended U.S. Circuit Judge Pauline Newman has still not proven that the Judicial Conduct and Disability Act has no constitutional uses and should therefore be invalidated, the Federal Circuit's judicial council told a D.C. federal judge Thursday.

  • April 18, 2024

    Cybersecurity Startup Loses 2 Patents At PTAB

    A small cybersecurity startup litigating in Virginia federal court against larger tech companies has failed to persuade the Patent Trial and Appeal Board not to invalidate the entirety of two patents covering ways of combating "evolving" online threats, among other things.

  • April 18, 2024

    Commerce Chided For Not Explaining Itself In Catfish Cases

    The U.S. Court of International Trade has kicked the final decision in a 2019 review of catfish duties back to the U.S. Department of Commerce, saying the agency flubbed basic administrative law by failing to "show its work" amid crisscrossing claims.

  • April 18, 2024

    Sugar Co. Urges 11th Circ. To Revive Helms-Burton Suit

    North American Sugar Industries Inc. asked the Eleventh Circuit Thursday to revive its suit accusing several companies that shipped wind turbines to Cuba of violating the Helms-Burton Act, saying the trial court erred in tossing its claims for lack of jurisdiction.

  • April 18, 2024

    Trade Court Says Gov't Must Redo Mexican Tomato Probe

    The U.S. Court of International Trade ordered the U.S. Department of Commerce to redo a decades-old investigation into Mexican tomatoes, saying officials couldn't update the probe with new information when they were called to resume the long-delayed review.

  • April 18, 2024

    Atty Wants Law Firm Subpoenaed In $12M Somali Fraud Case

    A Maryland attorney accused of misappropriating more than $12 million in Somali state assets has asked a federal judge to subpoena his former firm, Shulman Rogers Gandal Pordy & Ecker PA, to produce his employment records.

  • April 17, 2024

    Menendez Trial Date In Limbo Over Pact On Atty's Testimony

    A co-defendant's reticence has stalled an agreement on the scope of a Gibbons PC attorney's testimony in the bribery case of U.S. Sen. Robert Menendez and two New Jersey businessmen, leaving the much-litigated trial date of May 6 in limbo.

  • April 17, 2024

    Senate Scorn Suggests Election Strife For Biden On Trade

    Two White House announcements on Wednesday aimed at girding the U.S. industrial sector against Chinese competition did little to quell senators' frustrations over President Joe Biden's resolve to tackle unfair trade practices, adding pressure to Biden's reelection bid.

  • April 17, 2024

    Biden Says Tariffs On Chinese Steel Should Be Tripled

    President Joe Biden promised Wednesday to seek significantly steeper tariffs on Chinese steel and aluminum imports should the U.S. Trade Representative confirm that China is engaging in unfair trade practices that erode competition.

  • April 17, 2024

    EV Tax Credit Restrictions, Trade Bills Advance In House

    The House Ways and Means Committee advanced several trade bills Wednesday that would impose more restrictions for new electric vehicles to qualify for a federal tax credit, assert congressional authority in agreements with foreign governments, and renew the country's largest and oldest trade preferences program.

  • April 17, 2024

    Biden Admin Probes Chinese Shipbuilders For Unfair Trade

    The Biden administration launched an investigation Wednesday into whether China used unfair practices to gain a competitive edge in the global shipping and maritime services sector, setting the stage for potential new tariffs against Beijing.

  • April 17, 2024

    Jury Says Caterpillar's Interference Cost Equipment Co. $100M

    A jury in Delaware has rejected antitrust claims against Caterpillar but found that the equipment maker caused a defunct importer $100 million in damages by interfering with its contract to sell equipment through an online sales platform.

  • April 17, 2024

    Bankman-Fried Appeal May Cite Unusual Preview Testimony

    Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.

  • April 17, 2024

    Judge Delays Trial Over $20M Allegedly Hidden From IRS

    A Florida federal judge agreed Wednesday to delay the trial of a Brazilian-American businessman accused of hiding $20 million from the Internal Revenue Service by using Swiss bank accounts, but told the defendant the new deadlines are firm.

  • April 17, 2024

    Menendez's Defense Could Target Wife, Court Records Show

    U.S. Sen. Robert Menendez, facing trial next month on bribery and corruption charges, may resort to blaming his wife for concealing that anything about the couple's dealings with three New Jersey businessmen could be illegal, newly unsealed court papers show.

  • April 16, 2024

    Nigeria Looks To High Court Case To Nix OK Of $70M Award

    Nigeria has told the D.C. Circuit that the U.S. Supreme Court's recent opinion clarifying the reach of a carveout in federal arbitration law helps to boost its case looking to nix enforcement of a nearly $70 million arbitral award on sovereign immunity grounds.

  • April 16, 2024

    Businessman Urges Calif. Court To Refuse $4.4M Award

    A businessman who signed agreements with a Chinese energy management company on behalf of two different investment funds has told a California federal court that he never received proper notice about an arbitration that resulted in a $4.4 million award against him.

  • April 16, 2024

    Tai Sidesteps As GOP Reps Try To Pin Down Trade Timeline

    Republicans on the House Ways and Means Committee castigated U.S. Trade Representative Katherine Tai on Tuesday for the administration's vague agenda regarding future trade deals and a long-awaited tariff review that she described as "optimistic" and "coming soon."

  • April 16, 2024

    DOE Aims To Wrap LNG Review By Year-End, Granholm Says

    U.S. Secretary of Energy Jennifer Granholm on Tuesday said her agency hoped to complete the review of its liquefied natural gas export policy by year's end and pushed back on accusations that the current pause of export reviews is permanent.

Expert Analysis

  • New Russia Sanctions Reveal Int'l Enforcement Capabilities

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    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.

  • Why Oncology Deal Making Continues To Fuel Biotech M&A

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    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.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    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.

  • How Harsher Penalties For AI Crimes May Work In Practice

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    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.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    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.

  • Compliance Steps After ABA White Collar Crime Conference

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    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.

  • Investment Advisers Should Prep For Money Laundering Regs

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    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.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    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.

  • EU Inquiry Offers First Insight Into Foreign Subsidy Law

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    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.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    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.

  • Takeaways From Groundbreaking Data Transfer Order

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    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.

  • FARA Enforcement May Soon Be In The Halls Of Higher Ed

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    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.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    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.

  • Opinion

    European Union Criticisms Of The FCPA Are Misguided

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    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.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

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