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International Trade
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May 09, 2025
Feds Put Heat On Foreign Data Transfers With Sweeping Rules
The U.S. Department of Justice's unexpected guidance and brief enforcement reprieve on a national data security program intended to curb foreign access to Americans' sensitive data has handed companies some welcome breathing room, but the strong interest that federal enforcers have shown in the topic means that businesses can't afford to delay compliance efforts.
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May 09, 2025
Food Importer Can't Secure Lower Duty Rate On Frozen Fruit
The Federal Circuit on Friday denied a company's efforts to have its mixed frozen fruit imports from Canada reclassified as "other food preparations" instead of frozen fruit in order to secure duty-free treatment for the products.
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May 09, 2025
IP Partner Rejoins Venable After Morgan Lewis Stint
Venable LLP has welcomed an intellectual property litigator back to its Washington, D.C., office after a stint at Morgan Lewis & Bockius LLP, touting her experience advising media, consumer product and software companies on a variety of IP matters, especially those involving artificial intelligence and copyright issues.
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May 09, 2025
Tariffs And Tax Breaks Offer Risky Lifeline To US Film Industry
President Donald Trump's call for a 100% tariff on films made outside the U.S. has potential to improve a struggling domestic industry if it is considered in conjunction with new federal tax incentives to restore production, but the idea hasn't yet gathered support in Congress, according to lawyers who spoke to Law360.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Milbank Adds Former CFTC Official As Special Counsel In DC
Milbank LLP has hired the one-time director of the U.S. Commodity Futures Trading Commission's Market Participants Division, who joins the team as a special counsel in Washington, D.C.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Akin Adds More Trade Help, This Time From Commerce Dept.
Akin Gump Strauss Hauer & Feld LLP has hired two leaders from the U.S. Department of Commerce's Bureau of Industry and Security, bringing the total announced new hires with trade backgrounds at the firm's D.C. office this week to three, as Washington firms continue responding to changing federal economic policies.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Taxation With Representation: Paul Weiss, Weil, V&E, Torys
In this week's Taxation With Representation, 3G Capital takes Skechers private, Sunoco LP buys Parkland Corp., and BCE Inc. and the Public Sector Pension Investment Board launch a wholesale network provider called Network FiberCo.
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May 09, 2025
Ex-Goldman Banker Leissner Urges Lenient 1MDB Sentence
A former Goldman Sachs partner who pled guilty to his role in the 1MDB scandal and testified at his onetime colleague's trial has asked a Brooklyn federal judge to spare him prison time, saying the reputational harm is punishment enough and that he may be extradited to Malaysia to face charges there.
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May 09, 2025
UK-US Trade Deal Needs Work On Pharma And IP, Pros Say
The U.K.-U.S. trade deal is a starting point for closer economic ties, but the agreement needs more work on pharmaceuticals and intellectual property before it's finalized, according to professionals.
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May 09, 2025
Caterpillar Fails To Bulldoze Challenge To UK Dumping Probe
A subsidiary of Caterpillar has failed to challenge U.K. government decisions over an anti-dumping investigation, after a London judge ruled Friday that the Texan construction equipment giant's legal challenge had become "plainly academic."
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
Atturo Tire Again Presses High Court To Take Up $10M IP Fight
Atturo Tire Corp. has urged the U.S. Supreme Court to ignore Japanese tire giant Toyo Tire Corp.'s argument that the justices should not review the Federal Circuit's upending of a $10 million award against Toyo for interfering with Atturo's business through patent settlements with other companies.
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May 08, 2025
Counterfeit Goods Hit $467B Globally In 2021, Report Says
Counterfeit and pirated goods accounted for $467 billion in global trade in 2021, reflecting a slight increase from pre-pandemic levels, according to a report from the Organization for Economic Cooperation and Development and the European Union Intellectual Property Office.
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May 08, 2025
11th Circ. Revives Citigroup Cash Advance Fraud Suit Again
The Eleventh Circuit has, for the second time, revived a nearly decadelong suit against Citigroup that alleges the bank ran a massive cash advance fraud scheme, with the appeals court saying they "see things differently" from the district court, and that the plaintiffs have sufficiently pled each count of their complaint.
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May 08, 2025
Judge Says No French Connection In L'Oreal Hair Relaxer MDL
An Illinois federal judge has dismissed L'Oréal USA Inc.'s French parent company from multidistrict litigation alleging it and other companies' hair relaxer products can cause health problems, finding the company doesn't have sufficient connections to the U.S. for the court to have jurisdiction.
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May 08, 2025
Fed. Circ. Questions Roku Bid To Undo ITC Patent Loss
Roku's effort to revive its U.S. International Trade Commission remote control patent case against Universal Electronics and others drew skepticism from the Federal Circuit on Thursday, with the judges questioning Roku's claim the patent was wrongly found invalid and that the company has a domestic industry.
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May 08, 2025
Miami Atty Joins Arbitration Place After US Expansion
A Miami attorney has joined the roster of decision-makers at Arbitration Place tasked with helping settle international legal disputes out of court following the company's recent expansion to the U.S.
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May 08, 2025
Halkbank Wants Justices To Take 2nd Look At Immunity Claim
Turkish state-owned bank Halkbank has urged the U.S. Supreme Court to take a second look at an appellate decision holding it doesn't have common-law foreign sovereign immunity from money laundering allegations, arguing the decision "authorizes the first criminal trial of a foreign sovereign instrumentality in world history."
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May 08, 2025
Feds Oppose Sentencing Delay For Nadine Menendez
Manhattan federal prosecutors on Thursday asked a judge to deny a request from former U.S. Sen. Robert Menendez's wife, Nadine Menendez, to delay her sentencing on bribery charges for three months, saying she had not provided any "real information" about the request.
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May 08, 2025
Judge Reopens Helms-Burton Suit Against Trivago
A Florida federal judge agreed Thursday to reopen a paused proposed class suit against Trivago GmbH claiming the Expedia Inc. subsidiary has unlawfully profited from their property that was confiscated by Fidel Castro's government.
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May 08, 2025
EU Weighs Tariffs, Restrictions On $112B Of US Trade
All options remain on the table for the European Commission as it aims to finalize plans by mid-July to tariff or restrict nearly €100 billion ($112 billion) worth of trade with the U.S., a commission spokesperson told Law360 on Thursday as the bloc launched a consultation.
Expert Analysis
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Tariffs And FCA Create Perfect Storm For Importers
The Trump administration's aggressive tariff policies pose a high risk to certain importation practices that are particularly likely to trigger False Claims Act enforcement, say attorneys at Jeffer Mangels.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Pending FCPA Trials Suggest About DOJ Priorities
Following President Donald Trump's executive order in February instructing the U.S. Department of Justice to temporarily pause enforcement of the Foreign Corrupt Practices Act, developments surrounding five FCPA cases already set for trial provide a glimpse into how the DOJ is attempting to navigate the situation at hand, say attorneys at Covington.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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UK's Arbitration Act Is More A Revision Than An Overhaul
The recently enacted U.K. Arbitration Act 2025 represents the most significant update to English arbitration law since 1996, and while it reinforces many strengths that made London the leading arbitral seat, its failure to address certain key areas means the legislation missed the opportunity to truly be a benchmark, say lawyers at RPC.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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How The CRE Industry Is Adapting To Tariff Uncertainty
Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.