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International Trade
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April 12, 2024
'American-Made' May Include Foreign Parts, 10th Circ. Says
A panel of the Tenth Circuit unanimously ruled Friday there's nothing legally problematic with foreign-made components being used in products advertised as "American-made," upholding a construction equipment maker's summary judgment win over its competitors' claims of false advertising, false designation of origin and copyright infringement.
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April 12, 2024
Sports Co.'s Logistics Shutdown Suit Survives Dismissal Bid
A Washington federal judge has partially rejected a logistics company's dismissal bid in a manufacturer's lawsuit over a cyberattack that allegedly stunted operations, criticizing the "obtuse" argument that their deal didn't explicitly require the contractor to shield the client from such breaches.
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April 12, 2024
Feds Must Rethink Erasing Aluminum Duty After Refund Issue
The U.S. Department of Commerce must reconsider expanding a duty refund to wipe out a Turkish aluminum importer's anti-dumping tariff, after the U.S. Court of International Trade found that officials applied the refund to ineligible imports.
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April 12, 2024
Fed. Circ.'s Fight With Newman: A Year In Review
One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
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April 12, 2024
Fed. Circ.'s Competency Feud With Newman Turned Personal
A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.
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April 12, 2024
ITC To Look Into Motorola's 5G IP Claims Against Ericsson
Motorola is taking its 5G intellectual property battle with Ericsson to the U.S. International Trade Commission, with the agency agreeing to launch an investigation into Motorola's accusations of patent infringement against the Swedish company.
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April 12, 2024
DOJ Must Cut Through Political Noise In US Steel Probe
The U.S. Department of Justice has its work cut out for it as it conducts a probe of Nippon Steel's planned $14.9 billion takeover of U.S. Steel, a potentially drawn out process that experts say will test the antitrust division's ability to remain objective in the face of immense pressure from President Biden, an influential union, and a concurrent CFIUS review.
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April 12, 2024
Judge Pauline Newman's Year In Her Own Words
April 14 marks the one-year anniversary of when the Federal Circuit confirmed an unprecedented investigation into whether U.S. Circuit Judge Pauline Newman was mentally and physically competent to remain on its bench, and the judge has not been allowed to hear cases during that time. Here is what she had to say about the investigation in an interview with Law360.
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April 11, 2024
Investors Again Seek Asset Freeze To Enforce $60M Awards
Two Chinese investment firms have again urged a California federal court to impose a worldwide freeze against a renewable energy company's assets as they seek to enforce about $60 million in arbitral awards, saying the company is in increasing financial distress.
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April 11, 2024
China Sanctions 2 US Defense Firms For Taiwan Arms Sales
China on Thursday hit General Atomics Aeronautical Systems and General Dynamics Land Systems with sanctions for selling arms to Taiwan, a move that bans the defense companies' senior management and freezes the companies' assets in the country.
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April 11, 2024
Commerce Rebuked For Not Explaining Penalty In Duty Order
The U.S. Court of International Trade ordered the U.S. Department of Commerce to re-explain a 10.54% penalty included in a Chinese ribbon company's countervailing duties, saying Commerce's latest defense relied on information unavailable to the court.
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April 11, 2024
Sen. Menendez's Wife Gets Own Bribery Trial
A New York federal judge agreed on Thursday to give the wife of U.S. Sen. Robert Menendez her own trial in a sprawling case accusing the couple of accepting bribes for using the New Jersey Democrat's influence to further the interests of three businessmen.
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April 11, 2024
Treasury Proposes Steeper Foreign Investment Law Penalties
The U.S. Department of the Treasury issued a notice Thursday proposing to sharpen its procedures and enforcement practices for reviewing foreign investment deals for national security issues, according to an announcement.
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April 11, 2024
Sanctions Targets Eye EU-UK Split As Appeals Stack Up
A court ruling on Wednesday, which upended the first round of European Union sanctions imposed on two Russian tycoons, contrasts with the approach taken by the English courts, where legal challenges to the restrictive measures have been repeatedly rebuffed.
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April 10, 2024
US, Mexico Resolve Labor Complaints At Two Mexico Plants
Workers at two Mexico automotive part facilities can now organize under a union of their choice after concerns of labor violations were resolved through the U.S.-Mexico-Canada Agreement's labor rights tool, the Office of the U.S. Trade Representative announced.
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April 10, 2024
Spain Can't Nix €28 Million Renewables Award
Spain lost its bid to annul a €28 million ($30 million) arbitral award issued to German energy giant RWE after an international committee rejected Madrid's argument that the tribunal exceeded its powers by opting not to apply European Union law, according to a now-public decision.
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April 10, 2024
WTO Forecasts Global Trade Rebound But Warns Of Risks
The World Trade Organization on Wednesday said it is forecasting an uptick in global trade this year and into 2025 following a decline in 2023 due to high energy prices and inflation, but warned that geopolitical tensions could hinder the rebound.
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April 10, 2024
Merchant & Gould Adds IP Team From Oblon McClelland In DC
Merchant & Gould has expanded its intellectual property services in Washington, D.C., with the recent addition of a five-person team of attorneys who moved their practices from Oblon McClelland Maier & Neustadt LLP.
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April 10, 2024
Feds Back Trial Delay For Sen. Menendez's Wife's Surgery
Prosecutors on Wednesday told the New York federal judge overseeing Sen. Robert Menendez's bribery case that they are in favor of postponing the May trial for a few months in light of a serious medical condition affecting Nadine Menendez, the senator's wife and co-defendant.
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April 10, 2024
Trade Court Rules CBP Should've Labeled Planners As Diaries
The U.S. Court of International Trade on Wednesday ruled that U.S. Customs and Border Protection improperly classified imports of a California calendar company's weekly-plus-monthly planners as notebooks, saying the products are diaries because they have spaces meant for jotting down reminders.
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April 09, 2024
US, UK And Australia Eye Japan For 'Advanced Capabilities'
Japan may join Australia, the U.K. and the U.S. in the trio's efforts to develop advanced military capabilities and technology sharing in areas including artificial intelligence and quantum technologies, the three AUKUS security partners announced.
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April 09, 2024
Contractor Says Corruption Claims In $47M Army Fight Are False
An Afghanistan-based fuel supplier seeking $47.2 million after the U.S. Army terminated two contracts has urged the Court of Federal Claims to reject government allegations that the company was involved in a corruption scheme, saying those arguments were inaccurate and irrelevant.
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April 09, 2024
Poland Adopts Digital Platform Reporting Rules
Poland's Council of Ministers approved a measure Tuesday implementing the European Union's tax information reporting procedures for digital platform operators, known as DAC7, the country's tax authority said.
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April 09, 2024
Jury Must Hear Terrorism Payments Were Extortion, Chiquita Says
Banana company Chiquita argued Tuesday it should not be blocked from presenting evidence about threats made to its employees by a Colombian paramilitary group and about other businesses making payments to the group at a coming bellwether trial in a long-running multidistrict litigation accusing Chiquita of funding the paramilitary group that allegedly killed the plaintiffs' relatives.
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April 09, 2024
Treasury Renews Call For Tools To Combat Crypto Crime
Deputy Treasury Secretary Wally Adeyemo on Tuesday renewed his call to Congress for additional tools to combat cryptocurrency's use by bad actors as lawmakers floated their own priorities for a cryptocurrency regulatory regime.
Expert Analysis
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A Comparison Of Patent Dispute Resolution In US And China
As the U.S. and China are the two most significant arenas for patent disputes, multinational corporations must be able to navigate their patent dispute systems, which differ in speed, cost and potential damage awards, say attorneys at Covington.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.