International Trade

  • 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.

  • April 16, 2024

    Arms-Maker Gets 70 Years For Torture Under Rarely Used Law

    A Pennsylvania man who owned an Iraqi weapons factory has been sentenced to 70 years in prison after being found guilty of abducting and torturing an employee who threatened to expose an illegal weapons manufacturing scheme, making him the second person convicted under a little-used federal statute.

  • April 16, 2024

    Shelf Co. Gets Dumping Duties For 4 Countries, But Not India

    A domestic producer of industrial steel shelves secured most, but not all, of its requested anti-dumping duties on overseas producers, with the U.S. Department of Commerce levying tariffs topping 224% on Vietnamese producers, but none for Indian businesses.

  • April 16, 2024

    Feds Want To Boot Gibbons Atty From Menendez Bribery Case

    Prosecutors plan to call a Gibbons PC attorney as a witness during the bribery trial of U.S. Sen. Robert Menendez of New Jersey and want him disqualified from representing another defendant in the case, they told a New York federal judge Tuesday.

  • April 16, 2024

    Trade Commission Confirms Turkish Paper Bags Hurting US

    The U.S. International Trade Commission unanimously voted Tuesday that paper shopping bags imported from Turkey are hurting the United States' domestic industry through unfairly lower prices.

  • April 16, 2024

    Ex-North Korean Official Charged With Dodging US Sanctions

    A former North Korean diplomat in Thailand is facing criminal charges in Washington, D.C., federal court alleging he conspired to surreptitiously ship goods into his home country in avoidance of U.S. sanctions.

  • April 15, 2024

    Caterpillar Dealer Calls Keep Antitrust Claims Alive Amid Trial

    A Delaware federal judge doubled down Monday on his critique of arguments by Caterpillar Inc., which asked to toss antitrust and hub-and-spoke conspiracy claims from an importer that sought to disrupt the machinery industry before it went belly up.

Expert Analysis

  • How Recent Laws Affect Foreign Purchase Of US Real Estate

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    Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    Patent Waiver For COVID Meds Would Harm US Biopharma

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    If the Biden administration backs the World Trade Organization in waiving patent rights on COVID-19 treatments, it would negatively affect the U.S. biopharmaceutical industry and help foreign competitors, without necessarily expanding global access to COVID-19 care, says clinical pathologist Wolfgang Klietmann.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • A Guide To New Russia Sanctions For Foreign Financial Cos.

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    Attorneys at Foley Hoag take foreign financial companies on a deep dive into the compliance advice the U.S. Office of Foreign Assets Control issued after President Joe Biden's December executive order widened a Russian import ban and authorized sanctions against businesses that transact with Russia's military-industrial base.

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