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International Trade
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March 21, 2024
Sen. Menendez's Wife Keeps Attys After Feds Allege Conflict
Nadine Menendez, the wife of New Jersey's U.S. Sen. Robert Menendez, told a Manhattan federal judge Thursday that she will stick with her Schertler Onorato Mead & Sears LLP lawyers ahead of their corruption trial after prosecutors alleged an ethical conflict.
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March 20, 2024
Russian F1 Driver's EU Sanctions Over Oligarch Father Lifted
A Formula One racing driver and son of a Russian oligarch has won his fight to lift European Union sanctions, with a court ruling Wednesday there was insufficient evidence to prove that his business interests were benefiting from his fathers' wealth.
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March 20, 2024
Belarusian Tire Maker Wins EU Sanctions Challenge
The European Union unlawfully imposed sanctions on a state-owned Belarusian tire business because it failed to prove that the company was supporting the country's president, a European court ruled Wednesday.
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March 20, 2024
Health And Safety Top Risk For Directors, Global Survey Says
Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.
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March 20, 2024
Ex-Russian Minister Fails To Renew Bid To Jail Deripaska
The Court of Appeal dismissed on Wednesday an attempt by Vladimir Chernukhin, a former Russian minister, to have his ex-business associate Oleg Deripaska jailed for contempt of court, finding that a judge had been entitled to conclude the case had not met the criminal standard of proof.
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March 20, 2024
Hemp Co. Wins Bid To Reverse 'Irrational' UK Gov't CBD Ban
A hemp company has won its bid in a London court for permission to challenge the U.K. government's decision to ban imports of its cannabis-derived products based on a trace of a controlled chemical.
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March 20, 2024
Boehringer Wins Diabetes Treatment Patent On Appeal In EU
Boehringer Ingelheim saved its diabetes drug patent from the chopping block after a European appellate board ruled that the treatment for patients with moderately damaged kidneys was new and innovative despite eight oppositions.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Intel, Commerce Dept. Forge $8.5B Logic Chip Partnership
A proposed $8.5 billion partnership between the federal government and Intel Corp. could yield thousands of jobs and up to $100 billion in logic chip facility expansion and modernization in four states.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
EU Lawmakers Back Duty-Free Imports From Ukraine
European Union lawmakers agreed on Wednesday to extend the suspension of the bloc's customs duties and quotas on Ukrainian imports for one more year, while introducing caps on some agricultural products.
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March 19, 2024
CFTC Decries Forex Firm's 'Strong-Arm' Sanctions Bid
The U.S. Commodity Futures Trading Commission has admitted in a court filing that it made an error in a lawsuit accusing a foreign exchange firm of defrauding its customers but said the now-corrected error does not merit sanctions, and the defendants appear to be abusing the sanctions process to "strong-arm" their way into a better settlement.
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March 19, 2024
Biden Admin Bashes Senate Push To Ban Paraguayan Beef
The White House came out Tuesday against a bipartisan Senate resolution that would override a rule allowing imports of fresh beef from Paraguay to resume, saying such a move would undermine U.S. credibility abroad.
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March 19, 2024
Trade Court Says US Demand For Garlic Bond Came Too Late
The U.S. Court of International Trade backed an insurance company's contention that the U.S. government waited eight years too long to demand payments for Chinese garlic imports the company covered, saying the government was contractually obligated to make a demand sooner.
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March 19, 2024
Feds Must Rethink Offsetting Polymer Duty Amid Data Issues
The U.S. Department of Commerce must explain why it granted an Indian polymer producer an offset that reduced its anti-dumping duties, after the importer failed to hand over data requested by investigators, the U.S. Court of International Trade said.
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March 19, 2024
US Chamber Report Details Digital Trade 'Peril' For USTR
Digital trade is growing faster than the U.S. economy overall and supporting approximately 3 million jobs, but the sector is in "peril" due to the Biden administration's e-commerce policy reticence, says a new U.S. Chamber of Commerce report.
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March 19, 2024
Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal
Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.
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March 18, 2024
GOP Rep. Calls For Crackdown On EV Threats From China
Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.
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March 18, 2024
Justice Roberts Denies Ex-Trump Aide's Bid To Avoid Prison
Former Trump White House adviser Peter Navarro is headed for federal prison.
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March 18, 2024
Airgun Exec Hiding Biz Info From Overseer, Court Told
The receiver of an airgun seller asked the North Carolina Business Court to tighten restrictions on its chief executive, who is accused of using the company as his personal piggy bank, telling the court that the executive is believed to be taking company property and money following "deteriorating cooperation."
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March 18, 2024
Singer Seeks Chancery OK To Pull Plug On Licensee Rights
The owner of rights and trademarks of Singer sewing machine products has sued its North American distributor in Delaware's Court of Chancery, seeking a court declaration that it could end their contract because the distributor failed to meet minimum billing and royalties requirements.
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March 18, 2024
EPA Bans Most Common Asbestos In 'Cancer Moonshot' Rule
The U.S. Environmental Protection Agency on Monday finalized a ban on the most prevalent variety of asbestos, the first asbestos risk management rule issued since the Toxic Substances Control Act was amended in 2016.
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March 18, 2024
Brita Brings ITC Filter Patent Row To Federal Circuit
The Clorox Co.'s Brita brand has urged the Federal Circuit to overturn a decision that found it failed to show that language in a patent covering the brand's "gravity flow" filter was specific enough to earn legal protection.
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March 18, 2024
Attorney For Sen. Menendez's Wife Conflicted, Feds Say
Nadine Menendez, the wife of U.S. Sen. Robert Menendez and his co-defendant in a federal corruption trial in Manhattan, may be disadvantaged at trial due to her counsel's having "personal knowledge of certain facts relevant to this matter" that could compel him to testify as a witness, federal prosecutors said.
Expert Analysis
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Opinion
OFAC Designation Prosecutions Are Constitutionally Suspect
Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Contract Disputes Recap: Nonmonetary Claims, Timeliness
Bret Marfut and Stephanie Magnell at Seyfarth look at recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims that shed light on the jurisdictional contours of the Contract Disputes Act and provide useful guidance on timely filings and jurisdiction over nonmonetary claims.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
FinCEN Regs Must Recognize Int'l Whistleblower Realities
In drafting regulations to implement an anti-money laundering whistleblower program, the Financial Crimes Enforcement Network must follow the mandates laid out in the White House’s global anti-corruption strategy to protect and compensate whistleblowers in extreme danger worldwide, says Stephen Kohn at Kohn Kohn.
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FTC's 'Made in USA' Enforcement Goes Beyond Labeling Rule
The Federal Trade Commission's recent enforcement action against a group of businesses for falsely claiming that clothing was made domestically demonstrates that even where the agency's "Made in USA" labeling rule is not violated, other kinds of improper claims about products' origins can get companies in trouble, say Wrede Smith and Kali Yallourakis at McGuireWoods.
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A Practitioner's Guide To China's New Generative AI Reg
China's Interim Administrative Measures for Generative Artificial Intelligence Services went into effect Aug. 15, and examining 10 frequently asked questions will help practitioners understand the most relevant regulatory issues and develop a risk assessment framework specific to generative AI products or services, say Yan Luo and Xuezi Dan at Covington.
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Fed. Circ. Ruling Could Increase Importers' Evidence Access
The Federal Circuit's recent decision — that CBP violated Royal Brush Manufacturing's due process rights by refusing to provide privileged information used by the agency in its noncompliance decision — paves the way for importers accused of evading anti-dumping duty orders to access this type of confidential business information, say attorneys at Mayer Brown.
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Chinese Investment In Latin America Raises Corruption Risks
A wave of Chinese investments in Latin America has increased an already elevated risk profile, so U.S. companies that operate in the region would be wise to bolster their compliance programs as more bribery and corruption-related enforcement activity is sure to come, say Drew Costello, Brian Ross and Jordan Basich at Forensic Risk Alliance.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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How US Investment Regulation May Shift Under Biden Order
Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.
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5 Compliance Mistakes To Avoid When Entering A New Market
As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.
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Where Biden's Outbound Investment Effort May Be Headed
The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Strike Force Actions Underscore Foreign Risks For Tech Cos.
As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.