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International Trade
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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.
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March 18, 2024
Energy Dept. Says Alaska LNG Review Passes Legal Muster
The U.S. Department of Energy on Friday defended its reapproval of a $43 billion liquefied natural gas project in Alaska, telling the D.C. Circuit that its additional environmental review sufficiently considered the climate change impacts of the controversial project.
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March 18, 2024
Commerce Finds Turkish Paper Shopping Bags Dumped In US
The U.S. Department of Commerce announced anti-dumping tariffs on paper shopping bags from Turkey, the first out of nine countries to get a final determination in a probe on whether the bags are hurting the U.S. through unfairly priced imports.
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March 15, 2024
Navarro Appeals To High Court To Stay Free As Prison Looms
Former Trump White House adviser Peter Navarro turned to the U.S. Supreme Court on Friday in his efforts to evade prison while he appeals his conviction for defying a subpoena related to the Jan. 6, 2021, attack on the U.S. Capitol.
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March 15, 2024
Feds' PACER Gaffe Doesn't Mean A Sure Win For Magnet Co.
Federal prosecutors may suffer a setback in a case accusing a magnet manufacturer of sharing sensitive military data with China after accidentally publicizing the same information, but they may have an out under a regulation governing publishing in the public domain.
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March 15, 2024
Chiquita MDL Experts Aren't Reliable, Parties Say
A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.
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March 15, 2024
Agriculture Biz Seeks Probe Into Chinese And Indian Weed Killers
An agriculture company is calling on U.S. trade agencies to investigate Chinese and Indian herbicide imports, alleging that rivals abroad are using unfair trade practices to get ahead in the U.S. market.
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March 15, 2024
Mexico Protests New USDA Label Rule For Made-In-USA Meat
Mexico's Ministry of Economy said the U.S. Department of Agriculture's new rule limiting a "Product of U.S.A." label to meat derived from animals born, raised and slaughtered in the U.S. will prove costly to both Mexican producers and U.S. consumers.
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March 15, 2024
Unproven ID Theft Claim Can't Thwart $5.7M Duties, Feds Say
Customs officials urged the U.S. Court of International Trade to ignore a wheel importer's identity theft claim as it tries to escape $5.7 million in duties, saying Friday that the importer had failed to prove the wheels were falsely shipped in its name.
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March 14, 2024
DC Circ. Won't Delay Prison For Ex-Trump Aide Peter Navarro
The D.C. Circuit on Thursday refused to permit former White House adviser Peter Navarro to avoid reporting to prison by Tuesday while he appeals his sentence, ruling that Navarro hasn't shown that his appeal is likely to result in a new sentence that doesn't involve imprisonment.
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March 14, 2024
3D-Gun Info Group Loses Suit Over Publishing Blueprints
The U.S. Court of Federal Claims tossed an open-source gun group's lawsuit alleging the federal government failed to follow a 2018 settlement allowing the group to publish firearm blueprints, rejecting the group's contention that dismissing a final claim would be unfair.
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March 14, 2024
Koch Can't Bring $30M Claim Against Canada Under NAFTA
Canada prevailed in a $30 million arbitration brought by Koch Industries over the province of Ontario's decision to cancel a cap-and-trade program in 2018, securing dismissal of the claim on jurisdictional grounds.
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March 14, 2024
Sen. Menendez Loses Bid To Nix Corruption Charges
A New York federal judge on Thursday rejected U.S. Sen. Robert Menendez's bid to dismiss his bribery case, ruling none of the government's allegations target actions that could be considered protected activity under the U.S. Constitution.
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March 14, 2024
Mnuchin Says He's Forming Investor Group To Buy TikTok
Former U.S. Treasury Secretary Steven Mnuchin said Thursday he is forming an investor group to buy TikTok, one day after a measure to separate the social media platform from its Chinese owners passed the House.
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March 14, 2024
McDermott Eyes White Collar Growth With Orrick FCPA Pros
McDermott Will & Emery LLP announced Thursday the addition of a seven-partner team from Orrick Herrington & Sutcliffe LLP that will focus on the Foreign Corrupt Practices Act and the False Claims Act, saying it hired the team with an eye toward its white collar and government investigation capabilities.
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March 14, 2024
DOD's Weapons Monitoring In Iraq Fell Short, Watchdog Says
The U.S. Department of Defense failed to properly inspect and account for military equipment sent to Iraq to fight ISIS, raising the possibility of weapons going missing and falling into adversaries' hands, the department's internal watchdog said.
Expert Analysis
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Key Terms Of European Hydrogen Bank's 2023 Pilot Auction
The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Int'l Regulatory Collabs Can Expedite Pharma Approvals
Recent announcements highlight the growing importance of international regulatory collaboration for drug approval, which can greatly streamline the process for companies seeking to market their drugs in other countries, say Geneviève Michaux and Christina Markus at King & Spalding.
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Justices' Cert. Denial Of Terrorism Suit Means For Banks
The U.S. Supreme Court's denial of certiorari in Freeman v. HSBC Holdings lets stand the Second Circuit's decision on the narrow scope of conspiracy liability under the Justice Against Sponsors of Terrorism Act, providing protection for banks that otherwise could have faced liability for finance activities with limited connections to third parties' unlawful acts, say attorneys at Sidley.
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How Hamas' Attack May Further Complicate Sanctions Risk
In the wake of Hamas' attack on Israel, we anticipate that Western governments' attempts to further target Hamas and its enablers will make sanctions compliance for organizations operating within Gaza and the West Bank even more challenging, say Jason Prince and Sophie Davis at Crowell & Moring.
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Why US Should Help European Efforts To Fix SEP Licensing
The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Opinion
Forging A Fair Path For Standard-Essential Patents In India
The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.
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Considerations And Calculations For DOJ Clawback Program
The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.
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What Case Trends Reveal About Life Sciences Results At ITC
A look at recent U.S. International Trade Commission case data shows that pharmaceuticals, medical devices and other life sciences products constitute a growing share of the technologies involved in Section 337 investigations, with overwhelmingly positive results for companies seeking to protect their IP rights from foreign competitors, say Brian Busey and Daniel Muino at MoFo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.