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International Trade
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March 11, 2024
Menendez Must Face May 6 Trial Despite Likely Appeal
A Manhattan federal judge on Monday refused to push back U.S. Sen. Robert Menendez's May 6 corruption trial after the New Jersey Democrat and his wife pled not guilty to newly added obstruction of justice charges.
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March 08, 2024
Justices Urged To Take Up 'Who Decides' Arbitration Question
An international arbitration scholar has urged the U.S. Supreme Court to resolve whether a court or an arbitrator should decide a dispute's proper venue in cases involving nonsignatories to an arbitration agreement, an issue that's arisen in antitrust litigation over National Association of Realtor rules.
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March 08, 2024
DOJ Eyes FCPA For New Whistleblower Rewards Program
U.S. Department of Justice officials on Friday signaled a renewed emphasis on fighting foreign corruption, saying its planned whistleblower rewards program should prove useful in Foreign Corrupt Practices Act cases against private companies, and warned companies against running afoul of new rules barring the sale of personal data to foreign adversaries of the U.S.
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March 08, 2024
Patent Case Over Air Conditioners For Boat Use Sinks At ITC
The U.S. International Trade Commission has decided that a Swedish manufacturer of air conditioners for use on boats doesn't have a patent case against a handful of rivals based in Florida and China after all.
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March 08, 2024
ITC Clears LKQ, Others In Car Lamp Patent Cases
The U.S. International Trade Commission has undone administrative findings that Chicago parts maker LKQ Corp. and other companies flouted federal patent law by allegedly importing certain headlights and taillights.
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March 08, 2024
Fed. Circ. Argues Judge Newman's Ethics Law Challenge Fails
A D.C. federal judge must reject suspended U.S. Circuit Judge Pauline Newman's challenge to the Judicial Conduct and Disability Act, as her constitutional arguments are too limited, the Federal Circuit Judicial Council said Friday.
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March 08, 2024
CFIUS Rules May Need Review Amid 'Exponential' Growth
Foreign direct investment-related enforcement and penalty processes in the U.S. could use a review amid "exponential" growth in FDI regimes across the globe, greater awareness of national security risks, and increased U.S. outreach to foreign partners, a U.S. Treasury Department official said Friday.
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March 08, 2024
Fed. Circ. Ruling Affirms That Hay Nets Aren't Machine Parts
A South Carolina packaging solutions manufacturer took another blow in its quest to get its imported bale wraps duty-free treatment after the Federal Circuit affirmed a ruling that the wraps were stand-alone products and not parts of baling machines.
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March 07, 2024
House Panel Advances Bills To Ban TikTok, Block Data Sales
The House Commerce Committee on Thursday unanimously approved a pair of bills targeting national security concerns related to foreign adversaries' access to personal information about Americans, including a measure that would effectively ban TikTok from the U.S. unless it's cut from its Chinese parent company.
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March 07, 2024
Fed. Circ. Hears Law Was Misapplied To Levy Olive Duties
Three Spanish olive exporters pressed the Federal Circuit to undo countervailing tariffs the U.S. Department of Commerce calculated in 2021, saying Thursday that the department misapplied a trade law to presume they benefited from local government subsidies.
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March 07, 2024
Deputy AG Unveils DOJ Whistleblower Rewards Pilot Program
Deputy Attorney General Lisa Monaco on Thursday said the U.S. Department of Justice will soon begin a pilot program to financially reward whistleblowers who alert prosecutors to significant corporate misconduct.
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March 07, 2024
White House Moves To End Highway 'Buy America' Waivers
The Biden administration on Thursday proposed eliminating waivers to domestic production requirements for items used in federal highway building.
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March 07, 2024
US Soldier Charged With Selling Military Secrets To China
A U.S. Army intelligence analyst with the rank of sergeant sold an array of sensitive and classified military secrets to China in exchange for $42,000, according to a Tennessee grand jury indictment unsealed on Thursday.
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March 07, 2024
Indian Gov't Eyes Linking Carbon Tax On Coal To Quality
The Indian government should consider linking its carbon tax on coal to quality and price rather than weight because the current system gives an advantage to imported coal over domestic coal, the country's Ministry of Coal said Thursday.
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March 07, 2024
Voltage Gets Win From ITC Judge In Solar Patent Fight
The U.S. International Trade Commission has found that Shoals Technologies Group failed to meet an important element necessary to continue with its fight against Voltage over a patent relating to solar technology.
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March 06, 2024
Treasury Sanctions Ship Owners It Says Enable Houthi Attacks
The Department of Treasury says it's taking new action against Iranian commodity shipments, targeting ship owners in Hong Kong and the Marshall Islands with sanctions for moving Iranian goods that officials say help to fund Houthi attacks on container ships in the Red Sea and Gulf of Aden.
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March 06, 2024
Court Backs Decision Freeing Flanges From Pipe-Fitting Duty
The trade court on Wednesday upheld the U.S. Department of Commerce's decision to free a Texas-based pipe company's cast-iron flange imports from an antidumping duty order, ruling Commerce's fifth assessment of the duty's scope finally squared with the evidence.
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March 06, 2024
Don't Get Too Comfy Before Trade Deal Review, Tai Says
U.S. Trade Representative Katherine Tai on Wednesday cautioned the U.S., Mexico, and Canada not to get "too comfortable" ahead of approaching the first review of the nations' trade accord, saying some discomfort was needed to motivate them towards tackling global trade issues.
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March 06, 2024
Shipper Insists US Sanctions Offered Escape From Contract
A shipping company told Britain's highest court on Wednesday that it should not be forced to vary the terms of a freight contract, after refusing to accept payments in euros to mitigate a force majeure event amid concerns about U.S. sanctions.
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March 06, 2024
Sidley Adds 11-Year Wiley Rein Leaders To DC Group
Sidley Austin LLP has hired two members of Wiley Rein LLP's leadership, one of whom joins to help co-lead its global arbitration, trade and advocacy practice, the firm announced Wednesday.
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March 06, 2024
Texts Constituted Contract In $7.7M Fertilizer Fight, Judge Says
A Florida federal court ordered a global fertilizer seller to pay a Brazilian client $7.7 million, finding that the company breached an agreement that was partially negotiated over WhatsApp to sell 45,000 metric tons of ammonium sulfate.
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March 05, 2024
DC Circ. Nixes Big Tech Child Labor Suit
The D.C. Circuit on Tuesday ruled that tech companies facing suit for using cobalt mined with child labor didn't share in a "venture" with the companies responsible for extracting the metal, upholding a district court decision to dismiss the suit.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Biz Owner Gets 10 Months For Evading Tax On Foreign Income
The owner of a manufacturing company was sentenced in California federal court to 10 months in prison for avoiding taxes on almost $4.5 million in income by failing to report his foreign sales to the Internal Revenue Service, the U.S. Department of Justice said.
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March 05, 2024
WTO Backs European Biofuel Curbs Over Malaysian Suit
The World Trade Organization rejected Malaysia's challenge to the European Union's phasing out of palm oil-based biofuels, ruling Tuesday that the bloc had reasonably limited when member states can count biofuel toward its renewable energy goals.
Expert Analysis
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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What The Export Controls Code Means For Emerging Tech
The U.S. recently hosted the inaugural plenary meeting on the Export Controls and Human Rights Initiative Code of Conduct, which foreshadowed that the code may have a considerable impact on future exports of new and emerging technologies, say Melissa Burgess and Burt Braverman at Davis Wright.
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Tech M&A Due Diligence Checklist: Sector-Specific Concerns
In an increasingly dynamic technology merger and acquisition landscape, there are seven high-impact diligence concerns that must be addressed early and with precision, say attorneys at Gibson Dunn.
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5 DOJ Enforcement Priorities To Note From Recent Remarks
Principal Associate Deputy Attorney General Marshall Miller’s recent speech provided a glimpse into the U.S. Department of Justice’s corporate criminal enforcement priorities — from national security concerns to mergers and acquisitions — with takeaways for companies’ compliance programs, say Joseph Jay and Jennifer Le at Sheppard Mullin.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Tornado Cash Saga Presents Thorny Issues For Fintechs
A recent Texas federal court ruling and a U.S. Department of Justice indictment concerning the cryptocurrency mixer service Tornado Cash raise novel and important issues regarding smart contracts that could complicate the development and nature of decentralized crypto projects, as well as the future of fintech business models, say attorneys at Venable.
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Bracing For Regulatory Delays As Shutdown Looms
As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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Tossed FIFA Bribery Convictions May Spur New DOJ Offense
After a New York federal court vacated the bribery convictions of two defendants in the U.S. Department of Justice’s sprawling FIFA probe, prosecutors may continue to pursue foreign commercial corruption through other means, albeit with some limitations, say attorneys at Cleary.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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UN Climate Summit: What To Watch For In Dubai
The upcoming 28th Conference of the Parties of the United Nations Framework Convention on Climate Change, or COP28, may be remembered as a turning point in the emerging low-carbon economy — but only if conference commitments are successfully translated into new laws, business practices and financial support, say attorneys at DLA Piper.
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Tech Company Trade Compliance Programs Need A Check-Up
As sanctions and export controls continue to evolve, companies in the tech sector are often affected in ways that can be difficult to spot, say Carrie Schroll and Matthew Luzadder at Kelley Drye.