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International Trade
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February 23, 2024
US Hits Russia With Largest Sanctions Since Ukraine Invasion
The U.S. announced over 500 new sanctions on Russia Friday following the death of opposition leader Alexei Navalny, marking the largest number of sanctions since Moscow invaded Ukraine two years ago.
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February 22, 2024
10th Circ. Won't Enforce $2.3M Award In Shipping Feud
The Tenth Circuit has shut down a shipowner's bid to enforce a $2.3 million arbitral award against a charterer's founder following a dispute over a stymied Venezuelan oil shipping deal, rejecting arguments that the shipowner could hold the founder liable as his company's alter ego.
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February 22, 2024
Russian Bank President Charged With Sanctions Violations
The head of a Russian-state-owned bank has been charged in New York federal court with evading economic sanctions by conspiring with others to maintain his two super-yachts and a luxury home in Aspen, Colorado, prosecutors said Thursday.
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February 22, 2024
Ex-Vitol Trader Denies Knowing Of Bribes, As Trial Nears End
Counsel for a former Vitol Group executive told a New York federal jury in closing arguments Thursday that his client wasn't aware of bribes being paid to officials in Ecuador and Mexico in order to obtain $500 million in state contracts, while a prosecutor insisted that the former oil trader was the linchpin to the corruption scheme.
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February 22, 2024
Commerce's Intransigence Spurs 2nd Xanthan Gum Remand
The U.S. Department of Commerce's continued refusal to provide a Chinese xanthan gum producer a chance to correct its customs data before issuing penalties called for a second remand in the case, a U.S. Court of International Trade judge ruled Thursday.
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February 22, 2024
Feds Back Fed. Circ. Deference To Trump Solar Duty Change
The Biden administration urged the full Federal Circuit not to rehear energy companies' challenge to modified safeguard duties on solar goods, disagreeing with the importers' contention that a panel gave former President Donald Trump too much deference when allowing the safeguards.
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February 22, 2024
Biz Group Urges OECD Candidates To Back Digital Duties Ban
The U.S. Council for International Business laid out its priorities for countries vying to be members of the Organization for Economic Cooperation and Development, looking to garner support for a global moratorium on digital tariffs that is set to expire in a week.
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February 22, 2024
Rail Coupler Maker Says Duty Suits Too Dissimilar To Merge
A trio of cases challenging new duties on rail couplers from China and Mexico aren't similar enough to consolidate, according to a U.S. producer whose attorney used to represent a rival manufacturer that filed one of the suits.
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February 22, 2024
International Trade Group Of The Year: Crowell & Moring
Crowell & Moring LLP saw success on both sides of the Atlantic this year, with its attorneys successfully representing Indian steel importers in a trade matter involving dozens of European enforcement agencies and winning the quick remand of American steel anti-dumping duties, landing it a spot among Law360's 2023 International Trade Practice Groups of the Year.
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February 21, 2024
DOJ Says Yakuza Boss Tied To Trafficking Nuclear Materials
A Japanese national — who authorities allege is a leader of the Japanese Yakuza crime syndicate — conspired to traffic nuclear materials from Myanmar to other countries, including to a person he thought was an Iranian general, authorities alleged in New York federal court Wednesday.
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February 21, 2024
Cannabis CEOs Wasted Wealthy Russian's Money, Suit Claims
Two California businessmen who were given $145 million by a now dead Russian billionaire to begin cannabis growing operations in the state are accused of gross mismanagement and squandering his investment, according to a lawsuit filed in Los Angeles County court.
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February 21, 2024
Chinese Silicon Co. Says CBP Can't Back Forced Labor Finding
A Chinese silicon producer is challenging U.S. Customs and Border Protection blocking its imports, arguing that the agency has provided no evidence to back up its finding that the company relied on forced labor.
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February 21, 2024
FCC Commissioner To Meet With Indian Gov't On TikTok Ban
FCC Commissioner Brendan Carr is finally getting the chance to chat with Indian officials about the country's decision to ban TikTok over concerns about the Chinese government's influence over the app, a decision he has pushed for here in the United States, during a visit to India.
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February 21, 2024
Scammer Freed By Trump Indicted On New Charges
A previously convicted scammer whose sentence was commuted by former President Donald Trump has been indicted by a grand jury on new charges that he began running multiple rackets, including a fraudulent aid-for-Ukraine scheme, shortly after leaving prison, New Jersey's top federal prosecutor said.
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February 21, 2024
Commerce Can't Cite Wikipedia To Expand Duties, Court Says
The U.S. Department of Commerce couldn't convince the U.S. Court of International Trade that Wikipedia articles supported its expansion of vertical engine tariffs, with a judge noting that U.S. courts have repeatedly rejected Wikipedia as a source.
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February 21, 2024
Judge Threatens Ex-Trump Aide With Contempt Over Records
A D.C. federal judge threatened to hold a Trump-era White House aide in contempt for his continuing failure to turn over all the records covered by the Presidential Records Act to the U.S. government.
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February 21, 2024
King & Spalding Trade Expert Jumps To Jenner & Block In DC
Jenner & Block announced on Wednesday it had hired an international trade partner and six-year King & Spalding LLP veteran to join the firm's national security and crisis practice in Washington, D.C.
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February 21, 2024
White House Acts To Shore Up Cybersecurity At US Ports
The Biden administration on Wednesday moved to boost cybersecurity at U.S. ports, announcing a series of actions that include new proposed rules to establish minimum data security safeguards and an executive order requiring transportation vessels and facilities to report cyber incidents.
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February 20, 2024
Liberal Justices Hint Chevron Deference Hanging By A Thread
In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.
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February 20, 2024
US Small Businesses Have Most To Lose From Digital Duties
The possible demise of an international moratorium on tariffs for digital products, including software and media downloads, could cut into small businesses' profits and create compliance burdens for the companies that survive.
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February 20, 2024
Wells Fargo Says SEC Has Closed Hiring Practices Probe
Wells Fargo said Tuesday that the U.S. Securities and Exchange Commission has closed an investigation into the bank's hiring practices, following allegations that some bank managers conducted sham interviews to meet a diversity quota, while Barclays PLC has said it no longer faces an investigation into its anti-money laundering compliance.
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February 20, 2024
5th Circ. Seeks Texas Justices' Input On LNG Permit Fight
The Fifth Circuit has yanked its prior ruling that scrapped an emissions permit issued by Texas environmental regulators for a proposed liquefied natural gas terminal, saying it wants the state's Supreme Court to weigh in on how to define the best available pollution control technology under Texas law.
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February 20, 2024
WTO Says Revised Duties On Spanish Olives Still Out Of Line
The World Trade Organization called on the U.S. to fix revised countervailing duties on Spanish olives, ruling Tuesday that the duties are still not in compliance with its 2021 decision rejecting the investigation that resulted in the tariffs.
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February 20, 2024
Ericsson, Lenovo IP Row Halted Amid Federal Probe
A lawsuit alleging that Lenovo is infringing Ericsson's video technology was halted by a North Carolina federal court, which reasoned that a federal probe that will look into the same issues as the suit should be completed before the litigation can proceed.
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February 20, 2024
Akin Hires Top BIS Commerce Department Counsel In DC
Akin Gump Strauss Hauer & Feld LLP has hired the former U.S. Department of Commerce's chief counsel for the Bureau of Industry and Security, who has joined the firm as a partner in Washington, D.C., the firm announced Tuesday.
Expert Analysis
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CFIUS Clampdown Will Deter Allied-Country Investment
The Committee on Foreign Investment in the United States’ recent redefinition of transaction "completion date" is the latest in a series of steps taken in the name of U.S. security that are likely to deter investments from friendly countries and increase capital costs for U.S. startups, says Stephen Heifetz at Wilson Sonsini.
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Navigating Europe's New Game-Changing Unified Patent Court
Europe's recently opened Unified Patent Court has ushered in a new era in patent law focused on the power of provisional relief, and adapting to both broad protections and compressed timelines is essential for plaintiffs and defendants alike, say attorneys at Ropes & Gray.
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Opinion
When Corporate Self-Disclosure Threatens Individuals' Rights
The prosecution of former Cognizant executives in New Jersey federal court demonstrates how the U.S. Department of Justice’s corporate enforcement policy can contravene the constitutional rights of individual defendants who are employed by cooperating companies, says Gideon Mark at the University of Maryland.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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How Multiagency Sanctions Enforcement Alters Compliance
Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.
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The Supreme Court Is At War With Itself On Extraterritoriality
The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Cannabis Seed Importation Carries CBP Enforcement Risks
Though cannabis seed importation may be arguably legal, potential importers — such the recent MMJ-Global Cannabis partnership to bring cannabis THC products into the U.S. — risk action from U.S. Customs and Border Protection until the agency issues an official ruling on cannabis seed admissibility, say Adams Lee and Vince Sliwoski at Harris Bricken.
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FARA Advisory Opinions Raise Questions For Digital Media
The U.S. Department of Justice's latest advisory opinions on the Foreign Agents Registration Act indicate that the broad geographic reach of the internet and digital media could bring a wide variety of activities within the scope of FARA, but lawyers are left to try to discern nuggets of guidance from these heavily redacted letters, say attorneys at Covington.