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International Trade
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February 28, 2024
Skeptical DC Circ. Probes Treaty's Arbitration Applicability
A D.C. Circuit panel on Wednesday seemed dubious about efforts by Spain and Romania to escape the enforcement of substantial arbitration awards based on the contention that European Union law prohibits arbitration between member states and European investors.
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February 28, 2024
Fla. Judge OKs $43.5M Deutsche Bank Deal In Ch. 15 Case
A Florida bankruptcy judge on Wednesday approved a $43.5 million settlement between Deutsche Bank AG and liquidators for a group of Caribbean-based companies to resolve claims against the bank for its alleged role in a real estate Ponzi scheme targeting rich South Americans.
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February 28, 2024
Binance Founder Against More Travel Limits, Floats UAE Trip
Binance founder Changpeng Zhao has told a Washington federal judge he opposes prosecutors' motion for further travel restrictions and suggested, without explicitly asking, that he be allowed to see his family in the United Arab Emirates.
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February 28, 2024
US Mine Claims 'An Affront' To Nat'l Sovereignty, Mexico Says
The government of Mexico on Wednesday called on a multinational panel to toss the United States' claims that the collective bargaining rights of workers at a mine in Zacatecas continue to be violated six years after a workers' strike ended.
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February 28, 2024
Truck Co. Must Justify NC Venue In $70M Volvo Contract Row
A North Carolina federal court has punted on dismissing a Mexican trucking company's $70 million lawsuit against Volvo over allegedly defective semi-trucks, ruling that the business first needs to justify the litigation venue.
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February 28, 2024
Cravath Steers Viatris' $350M Collab With Swiss Co.
Healthcare company Viatris and Swiss pharmaceutical research company Idorsia are teaming up to develop two late-stage drugs, the companies announced Wednesday.
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February 28, 2024
Commerce Tees Up Countervailing Duties On Fujifilm Plates
The U.S. Department of Commerce teed up countervailing duties on a Chinese subsidiary of photography giant Fujifilm and other Chinese makers of aluminum lithographic printing plates, after preliminarily determining that they were receiving unfair government subsidies.
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February 28, 2024
Halkbank Immunity Gambit Doesn't Appear To Sway 2nd Circ.
The Second Circuit did not appear keen Wednesday to dismiss criminal charges accusing Halkbank of laundering over $1 billion of Iran oil proceeds, after the U.S. Supreme Court directed arguments on the Turkish state-owned lender's assertion that common-law sovereign immunity protects it.
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February 28, 2024
WilmerHale Adds Ex-Medtronic Legal Leader To Its DC Office
WilmerHale has hired for its Washington, D.C., office an attorney who helped build the global trade legal department at healthcare technology company Medtronic.
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February 28, 2024
6 Firms Guiding Disney And Reliance On $8.5B Indian Media JV
The Walt Disney Co. and Reliance Industries Ltd. said Wednesday they have agreed to merge their media operations in India, combining Disney's Star India with Reliance's Viacom18 to create a leading TV and digital streaming enterprise in the country, valued at roughly $8.5 billion.
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February 28, 2024
Sanctions Ruling Affords Gov't Leeway In Foreign Affairs
The failed attempt by two wealthy businessmen to overturn U.K. sanctions on appeal has underscored the court's limited role in questioning matters of foreign policy, even though the judiciary has carved out a larger role in weighing the proportionality of individual sanctions, lawyers say.
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February 28, 2024
Biden Moves To Halt Flow Of American Data To China, Others
The White House moved Wednesday to block data brokers and other companies from providing China, Russia and other foreign adversaries with troves of sensitive personal data about Americans that can be used to carry out nefarious activities such as surveillance and blackmail.
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February 27, 2024
Bankman-Fried Urges No More Than 6.5 Years For FTX Fraud
FTX founder Sam Bankman-Fried asked a Manhattan federal judge late Tuesday for a sentence that releases him "promptly" after his conviction for stealing billions from customers of the now-collapsed crypto exchange, arguing that federal sentencing guidelines recommend no more than six-and-a-half years in prison.
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February 27, 2024
Hogan Lovells Says It Was Barred From Labor Dispute Interviews
A Hogan Lovells attorney for Mexico's San Martín Mine told Law360 that his team has been shut out of proceedings in the first-ever labor-focused panel dispute under the United States-Mexico-Canada Agreement, centered on alleged collective bargaining violations.
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February 27, 2024
5th Circ. Holds To Its Undoing Of $200M Ship Explosion Award
A German shipping company has failed to persuade the Fifth Circuit to reconsider undoing a federal district court's decision to enforce a $200 million arbitral award the company secured in London after a 2012 explosion killed three crew members and caused extensive damage on one of its vessels.
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February 27, 2024
NJ Jeweler Charged With Wire Fraud In Duty-Dodging Scheme
A New Jersey-based jeweler has been accused of dodging customs duties by misrepresenting what countries his goods were coming from and using his multiple businesses in New York's Diamond District to conduct millions of dollars of unlicensed money transfers.
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February 27, 2024
Vape Supplier Asks 9th Circ. To Toss $892K Award
A vape company that supplies products for use with cannabis is asking the Ninth Circuit to overturn a district court decision affirming an $892,000 arbitration award against it in a distributor's contract dispute, saying the district court ignored evidence of fraud.
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February 27, 2024
New Fuel Terminals Ban Doesn't Discriminate, Judge Says
An Oregon federal judge has recommended the dismissal of a lawsuit in which Montana and a collection of fuel industry groups are challenging a ban on new oil and gas terminals in Portland, Oregon, saying there's no evidence the ban unconstitutionally discriminates against out-of-state companies.
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February 27, 2024
Feds Want Classified Info Shield In Menendez Bribery Case
Prosecutors asked a Manhattan federal judge to shield classified information they plan to introduce in the bribery case against Sen. Robert Menendez.
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February 27, 2024
Abramovich Ally Loses Test Appeal To Upend UK Sanctions
A billionaire with ties to Roman Abramovich lost his attempt on Tuesday to overturn sanctions imposed on him following Russia's invasion of Ukraine, in the first substantive appeal to challenge the U.K. government's sanctions regime since the war began.
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February 26, 2024
Nestle Fights Class Cert. In Child Labor Labeling Suit
Nestle USA Inc. urged a California federal judge on Friday to reject a shopper's bid to certify multiple classes of Golden State consumers challenging the company's "sustainably sourced" chocolate labels, arguing that the proposed classes can't "lump together" nearly 60 different labels on different products.
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February 26, 2024
Feds Blacklist Canadian Surveillance Co. Over Egypt Work
The Bureau of Industry and Security added Canadian network surveillance provider Sandvine Inc. to its export blacklist on Monday over the surveillance provider's support to the Egyptian government's program of censorship and political repression.
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February 26, 2024
Gas Groups Press DOE To Restart LNG Export Reviews
Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.
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February 26, 2024
Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy
A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.
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February 26, 2024
International Trade Group Of The Year: Buchanan Ingersoll
Buchanan Ingersoll & Rooney PC's international trade practice scored crucial wins last year, shepherding bet-the-company deals through national security reviews and challenging unlawful dumping practices, earning it a spot among Law360's 2023 International Trade Groups of the Year.
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.