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International Trade
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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.
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March 05, 2024
Feds Say Sen. Menendez Knew 'Loans' Were Bribes
U.S. Sen. Robert Menendez and his wife were charged with obstruction of justice in a superseding indictment unsealed Tuesday in New York federal court, raising the stakes in the corruption trial facing the New Jersey Democrat.
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March 05, 2024
ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case
A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.
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March 05, 2024
FERC LNG Approvals Flout Court's Orders, DC Circ. Told
Environmental and local community groups have told the D.C. Circuit that the Federal Energy Regulatory Commission's reapproval of two Texas liquefied natural gas terminals must be thrown out because it failed to undertake additional analysis of the projects' greenhouse gas emissions and environmental justice impacts.
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March 05, 2024
Ex-Russian Minister Renews Bid To Jail Deripaska In UK
Former Russian minister Vladimir Chernukhin urged an appeals court Tuesday to revive his bid to jail his ex-business associate Oleg Deripaska for contempt of court, arguing an earlier judge was wrong to find than an agreement to preserve assets had not been breached.
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March 04, 2024
Judge 'Uncomfortable' In Tossing Man's No-Fly-List Suit
A Michigan federal judge dismissed Monday a Lebanese-American businessman's lawsuit accusing several federal agencies of violating his fundamental rights by putting him on a secretive no-fly list, but the judge said the decision wasn't easy since the man couldn't face certain evidence.
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March 04, 2024
WTO Conference Ends Without COVID IP Waiver Expansion
The World Trade Organization did not reach an agreement at a conference last week on a proposal to expand a waiver on intellectual property for COVID vaccines to cover tests and treatments, a move welcomed by opponents of the plan.
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March 04, 2024
EU Eyes Strategy For Exiting 'Outdated' Energy Treaty
The European Commission has asked its 27 member states not to stand in the way of proposed reforms to a contested cross-border agreement that protects fossil fuel investments, saying the European Union's approval of the reforms would hasten the EU's departure from the pact.
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March 04, 2024
DOJ Worried Binance Founder's Travel May 'Become An Issue'
Binance founder Changpeng Zhao should have to notify the government of any travel as he awaits sentencing, prosecutors have said, telling a federal court in Washington they remain concerned he could be a flight risk.
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March 04, 2024
US Ends Old Curbs On Zimbabwe, But Sanctions Its President
The Biden administration on Monday ended more than two decades of U.S. economic sanctions on Zimbabwe in an apparent pivot toward a program covering "clear and specific targets," including the country's current president, Emmerson Mnangagwa.
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March 04, 2024
International Labor Rights Expert Joins Kelley Drye
A former assistant U.S. Trade representative known for his work promoting international labor rights is joining Kelley Drye & Warren LLP.
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March 04, 2024
Feds Escape $603K In Atty Fees Despite Customs' Loss
The U.S. Court of International Trade has found that Customs officials reasonably, albeit wrongly, determined that an importer skirted tariffs on Chinese saw blades, holding that the importer can't foist the $603,000 legal bill it incurred in an ultimately successful fight onto the government.
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March 04, 2024
Menendez Loses Bid To Suppress Gold Bars In Bribery Case
A New York federal judge on Monday refused to suppress explosive evidence — including gold bars, cash and an engagement ring — the federal government unearthed in its second bribery case against U.S. Sen. Robert Menendez and his associates, reasoning that the omissions the embattled New Jersey Democrat targeted in prosecutors' affidavits weren't material.
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March 01, 2024
Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed
A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.
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March 01, 2024
Columbia Arbitration Panel Talks Reform, Treaty Challenges
A lack of expertise that can lead to giving away too much to larger, more powerful nations is just one of the challenges that emerging economies face when negotiating treaties, several government officials said during a wide-ranging panel on investor-state dispute settlement on Friday during the 2024 Columbia Arbitration Day in New York.
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March 01, 2024
Honduras Tells World Bank It's Denouncing ICSID Convention
The World Bank said it has received a notice of denunciation from the Republic of Honduras regarding the financial institution's International Centre for Settlement of Investment Disputes and its treaty ratified by 158 contracting states to uphold and enforce arbitral awards.
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March 01, 2024
WTO To Wind Down Block On Digital Trade Tariffs
World Trade Organization members agreed Friday to maintain a long-running block on tariffs for electronic transmissions for two more years before allowing it to permanently expire, a compromise outcome that is unlikely to satisfy American businesses.
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March 01, 2024
Menendez Associate Pleads Guilty In Bribe Case
A New Jersey insurance broker pled guilty Friday to bribing Sen. Bob Menendez and his wife, Nadine, by buying her a Mercedes-Benz convertible, under an agreement to cooperate with federal prosecutors.
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March 01, 2024
Russian Admits To Smuggling US Tech With Military Uses
A Russian national pled guilty in a New York federal court to money laundering and smuggling, after being accused by U.S. prosecutors of operating a network that brought sensitive U.S. microelectronics with military applications to Russia.
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March 01, 2024
Oil Trader Gunvor To Pay $665M For Ecuadorian Bribe Scheme
Gunvor Group on Friday admitted to conspiring to bribe officials of the Ecuadorian government in order to win business for the energy commodities giant and agreed to pay $665 million as part of criminal resolutions with the U.S. Department of Justice and Swiss authorities.
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March 01, 2024
Taxation With Representation: Pillsbury, Cleary Gottlieb
In this week's Taxation with Representation, First Advantage Corp. acquires Sterling Check Corp., International Game Technology spins off two subsidiaries, Disney merges its media operations in India with Reliance Industries, and Atlas Energy Solutions purchases Hi-Crush.
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February 29, 2024
GSA's Chinese Cameras Better Off In Russia, House Rep. Quips
Members of the U.S. House of Representatives criticized the federal government's 2022 purchase of 150 Chinese cameras over national security concerns during a Thursday hearing, with one lawmaker calling to get rid of them and send them to Russia instead.
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February 29, 2024
US Eyes Rules To Secure Chinese-Made Connected Cars
The U.S. Department of Commerce said Thursday that it's considering crafting regulations to address potential data privacy and security risks posed by connected vehicles that are imported from China and other foreign adversaries.
Expert Analysis
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Why US Should Help European Efforts To Fix SEP Licensing
The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Opinion
Forging A Fair Path For Standard-Essential Patents In India
The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.
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Considerations And Calculations For DOJ Clawback Program
The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.
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What Case Trends Reveal About Life Sciences Results At ITC
A look at recent U.S. International Trade Commission case data shows that pharmaceuticals, medical devices and other life sciences products constitute a growing share of the technologies involved in Section 337 investigations, with overwhelmingly positive results for companies seeking to protect their IP rights from foreign competitors, say Brian Busey and Daniel Muino at MoFo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.
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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.