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International Trade
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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.
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February 26, 2024
Justices Decline Standard Chartered Sanction Evasion Suit
The U.S. Supreme Court on Monday refused to consider whether a whistleblower should've been granted a hearing in a lower court to support allegations that Standard Chartered Bank cleared roughly $56 billion in violation of U.S. sanctions against Iran.
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February 23, 2024
Amazon Pays $1.9M To Abused Workers In Saudi Arabia
Amazon has paid $1.9 million to over 700 migrant workers who suffered human rights abuses at two of its warehouses in Saudi Arabia, the company said.
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February 23, 2024
Russia Assets Seen As Key To Tipping The Scales For Ukraine
The 500-plus sanctions the U.S. added against Russia and its enablers Friday will continue to make the Kremlin's war more costly, but experts say the key to a real sea change in Ukraine is giving it Russia's seized assets abroad.
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February 23, 2024
SEC Upholds Bar On Ex-RBC Rep Who Cashed Out $1M Error
The U.S. Securities and Exchange Commission on Friday upheld a disciplinary action against a former RBC Capital Markets LLC representative who was accused of violating his industry's code of conduct when he converted $1 million that his firm accidentally deposited in his personal brokerage account.
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February 23, 2024
Dish, IFit Settle Patent Suit Over Streaming Tech
Fitness equipment maker NordicTrack's parent company has settled a dispute with Dish Network that accused it of infringing Dish patents related to streaming technology, drawing to a close a fight that spread all the way to the U.S. International Trade Commission.
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February 23, 2024
Commerce Dept. Partly Waives 'Buy America' For BEAD
The U.S. Department of Commerce on Friday announced limited waivers from "Buy America" requirements under the agency's $42.5 billion broadband deployment program to make sure that enough advanced components can flow to projects around the country.
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February 23, 2024
Nonprofit Fights To Keep Child Forced Labor Cocoa Suit Alive
A nonprofit on Friday challenged U.S. Customs and Border Protection's bid to dismiss allegations the agency ignored a four-year petition to ban major chocolate companies from importing cocoa allegedly harvested by children, saying the delay harmed it by impairing its mission.
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February 23, 2024
Ex-Dechert Atty Can Keep Depo Confidential In Hacking Case
A former Dechert LLP partner can keep her deposition under wraps in an airline mogul's suit seeking to prove an international hacking conspiracy, a special master in North Carolina has ruled in a blow to the tycoon, who accused the attorney of trying to shield misconduct.
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February 23, 2024
Ex-Vitol Oil Trader Convicted On FCPA Rap
Former Vitol Oil Group trader Javier Aguilar was convicted Friday of Foreign Corrupt Practices Act and money laundering violations, after nearly two months of trial over claims that he bribed officials in Ecuador and Mexico in order to win $500 million in business deals for the global energy and commodities company.
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February 23, 2024
International Trade Group Of The Year: Grunfeld Desiderio
Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP continued to rack up critical wins for foreign exporters in the past year, including a major Chinese tire manufacturer for which it secured a rare 0% dumping rate, and successfully defended against fraud allegations by U.S. Customs and Border Protection, earning the firm a spot among Law360's 2023 International Trade Groups of the Year.
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February 23, 2024
Lawyers Question UK's Sanction Muscle 2 Years After Invasion
A lack of enforcement over suspected sanctions breaches two years on from Russia's invasion of Ukraine has left lingering doubts about the effectiveness of the U.K.'s response — even though prosecutors recently opened the first such criminal case, legal experts say.
Expert Analysis
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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.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Trends Emerge In High Court's Criminal Law Decisions
In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.
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How Rights Owners Can Be Proactive With CBP Enforcement
Recent seizures show that intellectual property rights remain a U.S. Customs and Border Protection priority, and the Intellectual Property Rights Branch recordation program and the Exclusion Order Enforcement Branch's procedures offer holders powerful ways to assist in keeping unauthorized goods out of the U.S. market, say attorneys at Foley & Lardner.
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Terror Funding Suit Could Affect Inherited Jurisdiction In NY
Depending on how New York’s highest court answers two questions certified from the Second Circuit in a case litigating companies’ liability for terrorist attacks, foreign companies with no relevant New York contacts may be subject to suit in state courts by virtue of an asset purchase, say attorneys at Norton Rose.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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What Patent Bills Would Mean For Infringement Litigation
Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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A Look At US Injunctive Relief Trends Amid UPC Chatter
While much remains to be seen regarding how the new EU Unified Patent Court will treat injunctive relief in practice, recent data shows that the U.S. framework may be turning in favor of injunction, despite a perception that it can be nearly impossible to obtain in the U.S., say Nirav Desai, Patrick Murray and Roberta Lam at Sterne Kessler.
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Potential Outcomes After E Visa Processing Update
A recent update to the Foreign Affairs Manual’s E visa provisions may help ease consular backlogs, but a policy change that will require some applicants and their family members to process renewals overseas at different times creates new administrative burdens for practitioners, say Anna Morzy and Elizabeth Przybysz at Greenberg Traurig.
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China TM Risk Shifting For Original Equipment Manufacturers
Amy Hsiao at Eligon IP explores China's trademark system's concerning rise in bad faith squatters, focusing on the risks faced by the original equipment manufacturing industry and the potential disruptions to the global supply chain.
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What's Causing EU-US Impasse On Steel And Aluminum
The EU and the U.S. have made limited progress in negotiating for a Global Arrangement on Sustainable Steel and Aluminum, and they face high obstacles to meeting the fast-approaching October deadline, say attorneys at Akin.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.