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International Trade
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April 05, 2024
Fed. Circ. Upholds Australian Steel Import Pricing
A Federal Circuit panel has backed the U.S. Department of Commerce and a trade court's assessment of the prices an Australian steel company charged its U.S. customer, holding that the companies provided enough of a paper trail to explain their relationship.
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April 05, 2024
Fla. Men Admit To Illegally Sending Aircraft Parts To Russia
Two Florida residents pled guilty this week in Arizona to conspiracy to violate the Export Control Reform Act by illegally exporting controlled aviation technology to Russia.
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April 05, 2024
5th Circ. Won't Touch Texas Oil Export Terminal License
The Fifth Circuit has rejected environmentalists' attempt to undo federal approval for a deepwater oil export terminal off Texas' Gulf Coast, finding the U.S. Coast Guard adequately considered the environmental consequences of the facility in its environmental assessment.
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April 05, 2024
Justices Urged To Mull Hezbollah-Tied Bank's Immunity 'Now'
U.S. victims of terrorist attacks in Iraq warned the U.S. Supreme Court that forgoing review on whether a defunct Lebanese bank can claim sovereign immunity from allegations the bank funded Hezbollah would have negative implications on disputes involving foreign trade.
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April 05, 2024
Ex-Acting Homeland Security GC Joins Nixon Peabody In DC
Nixon Peabody LLP has hired the former acting general counsel of the U.S. Department of Homeland Security, who joins the firm after working with the agency for more than two decades and through four presidential administrations.
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April 04, 2024
Google Files RICO Suit Alleging Crypto, Investing App Scams
Google hit a pair of China-based app developers with a racketeering lawsuit in New York federal court Thursday, claiming they defrauded more than 100,000 users with dozens of fake investment and cryptocurrency exchange apps placed on the Google Play store that bilked users out of their money.
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April 04, 2024
Caterpillar 'Talking Out Both Sides,' Judge Says
A Delaware federal judge chastised Caterpillar Inc. ahead of trial in a series of orders mostly siding with claims from a defunct construction equipment supplier accusing the company of pressuring an online auctioneer to break an important contract with the would-be competitor.
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April 04, 2024
Steel Talks Absent From Start Of US-EU Trade Ministerial
Conversations on the first day of the EU-U.S. Trade and Technology Council on Thursday focused on sustainability for both the planet and the transatlantic partnership, but noticeably skirted the pair's foundered effort to reshape the global steel market.
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April 04, 2024
Trade Court Pans Feds' Excuses, Orders Redo Of Steel Duty
The U.S. Court of International Trade was unconvinced Wednesday that the U.S. Department of Commerce had corrected an old mistake when it raised a Korean company's steel countervailing duties, calling the purported mistake an excuse to break from old practices.
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April 04, 2024
Ex-CBP Agent Avoids Prison For Selling King Of Pop Signature
A 75-year-old former border agent who pled guilty to selling a customs declaration form signed by late singer Michael Jackson ducked prison time Thursday when a federal judge in North Carolina instead sentenced him to a year of probation.
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April 04, 2024
Huawei Slated For 2026 Sanctions, IP Theft Trial
A Brooklyn federal judge on Thursday set the trial of China's Huawei Technologies and affiliates for 2026, over prosecutors' claims that Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.
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April 04, 2024
Mattress Co. Can Redo Conspiracy Suit After 10th Circ. Trip
A Utah federal judge has rejected arguments from leading mattress manufacturers that a competitor is too late to amend an antitrust lawsuit alleging the spread of false information, saying a Tenth Circuit appeal prevented the competitor from updating its claims sooner.
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April 04, 2024
Judge Axes Experts In Chiquita MDL, With More On The Way
A Florida federal judge presiding over a long-running multidistrict litigation against Chiquita Brands rejected expert witnesses offered by both Chiquita and plaintiffs who accuse the banana grower of financially supporting a defunct Colombian paramilitary group that allegedly killed their relatives.
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April 04, 2024
2nd Circ. Vacates Logistics Co.'s $1.8M Damaged Cargo Win
A New York federal court erred by rejecting a Chubb unit's reimbursement bid for an over $1.8 million damaged drug shipment, the Second Circuit ruled Thursday, finding a genuine factual dispute on whether the logistics company in charge was a "contracting carrier" under an international treaty governing air shipments.
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April 03, 2024
2nd Circ. Told FIFA Bribery Convictions Rightly Nixed
A former 21st Century Fox television executive and an Argentine sports marketing company told the Second Circuit that a lower court was right to toss their convictions related to the FIFA corruption scandal, contending that U.S. law does not reach foreign commercial bribery.
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April 03, 2024
China, Australia Make Deal To End Wine Duty Spat
Australia has dropped its World Trade Organization case against China after Beijing agreed to end hefty tariffs on wine imports from Down Under, a notice circulated to the WTO's Dispute Settlement Body confirmed Wednesday.
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April 03, 2024
EU Probing Solar Project Under Foreign Subsidy Rules
European enforcers launched a pair of investigations Wednesday to assess whether companies bidding on a solar project in Romania received an unfair advantage through foreign subsidies.
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April 03, 2024
Nail Cos. Hammer Commerce's 'Death Penalty' Duties
Importers and Taiwanese nail producers railed against U.S. Department of Commerce penalties in back-to-back Federal Circuit hearings Wednesday, arguing that the agency repeatedly slammed companies with duties amounting to a death sentence despite minimal or no wrongdoing.
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April 03, 2024
Epoxy Cos. Say Unfair Trade Threatens Crucial Domestic Industry
Epoxy resin producers have called on U.S. officials to investigate rivals in Asia for unfair trade practices, arguing Wednesday that an influx of allegedly undervalued imports is threatening the domestic supply of an item with automotive, electronic and defense applications.
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April 03, 2024
Chiquita Says $6.9M Win Being Held Up By Banana Exporter
Chiquita Brands told a Florida federal court that an Ecuadorian banana exporter deserves to be fined for skirting court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.
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April 03, 2024
Akin Adds Ex-Treasury Atty, Sanctions Expert In DC
Akin Gump Strauss Hauer & Feld LLP has hired a former top attorney for the U.S. Department of the Treasury's Office of Foreign Assets Control, who has joined the firm's international trade practice in Washington, D.C., the firm announced Wednesday.
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April 02, 2024
DC Circ. Says FCC Must Rethink Terms For Chinese Video Ban
The D.C. Circuit ordered the Federal Communications Commission to revise its definition of "critical infrastructure," but still upheld the agency's decision to ban the marketing and sale of video surveillance equipment from two Chinese manufacturers in a new ruling Tuesday.
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April 02, 2024
CBP To Crack Down On 'Vague' Cargo Descriptions
Importers will have a harder time bringing in shipments that aren't descriptive enough for border officials to identify following an announcement from U.S. Customs and Border Protection that the agency will issue messages advising of noncompliance.
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April 02, 2024
Seattle Seaport Co. Defying Clean Water Act, Green Group Says
SSA Marine Inc. is allegedly violating the Clean Water Act by allowing excess contaminated stormwater from its port cargo facility to pollute Seattle's Duwamish River and Elliott Bay, according to a citizen lawsuit filed by an environmental group.
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April 02, 2024
Feds Back The Retooled Bribery Case Against Sen. Menendez
Federal prosecutors on Monday hit back at a "meritless" bid by Sen. Robert Menendez and his wife and business associates to ditch a superseding indictment for an elaborate bribery scheme, citing a plenitude of case law in an effort to knock down the defendants' assertions the retooled charges are "duplicitous" and lodged in the wrong court.
Expert Analysis
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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What China's New Rare Disease Catalog Means For Drug Cos.
A new list of rare diseases released by the Chinese government may present opportunities for multinational developers of designated orphan drugs to take advantage of preferential policies including exemption from clinical trials, priority review and tax incentives, say attorneys at Zhong Lun Law Firm.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Cos. Must Monitor Sanctions Regime As Law Remains Unclear
While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.
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4 Key Ways CFIUS Affected Private Equity In 2023
Sponsors and investment professionals should note how escalated enforcement by the Committee on Foreign Investment in the United States in 2023 affected private equity deal making and evaluate their CFIUS-related procedures in preparation for the regulator's reach to expand further next year, say attorneys at Kirkland.
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DOJ Officials' Remarks Signal New Trends In FARA Activity
Three U.S. Justice Department officials' remarks at a recent forum reinforce the department's renewed focus on aggressively enforcing the Foreign Agents Registration Act, which has been transformed into a significant national security and criminal enforcement tool, and its efforts to tightly regulate the activities of foreign agents in the U.S., say attorneys at Covington.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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What US-Canada Critical Minerals Collab Means For Cos.
Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.
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Expect CFPB Flex Over Large Nonbank Payment Cos.
A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.