International Trade

  • March 15, 2024

    Unproven ID Theft Claim Can't Thwart $5.7M Duties, Feds Say

    Customs officials urged the U.S. Court of International Trade to ignore a wheel importer's identity theft claim as it tries to escape $5.7 million in duties, saying Friday that the importer had failed to prove the wheels were falsely shipped in its name.

  • March 14, 2024

    DC Circ. Won't Delay Prison For Ex-Trump Aide Peter Navarro

    The D.C. Circuit on Thursday refused to permit former White House adviser Peter Navarro to avoid reporting to prison by Tuesday while he appeals his sentence, ruling that Navarro hasn't shown that his appeal is likely to result in a new sentence that doesn't involve imprisonment.

  • March 14, 2024

    3D-Gun Info Group Loses Suit Over Publishing Blueprints

    The U.S. Court of Federal Claims tossed an open-source gun group's lawsuit alleging the federal government failed to follow a 2018 settlement allowing the group to publish firearm blueprints, rejecting the group's contention that dismissing a final claim would be unfair.

  • March 14, 2024

    Koch Can't Bring $30M Claim Against Canada Under NAFTA

    Canada prevailed in a $30 million arbitration brought by Koch Industries over the province of Ontario's decision to cancel a cap-and-trade program in 2018, securing dismissal of the claim on jurisdictional grounds.

  • March 14, 2024

    Sen. Menendez Loses Bid To Nix Corruption Charges

    A New York federal judge on Thursday rejected U.S. Sen. Robert Menendez's bid to dismiss his bribery case, ruling none of the government's allegations target actions that could be considered protected activity under the U.S. Constitution.

  • March 14, 2024

    Mnuchin Says He's Forming Investor Group To Buy TikTok

    Former U.S. Treasury Secretary Steven Mnuchin said Thursday he is forming an investor group to buy TikTok, one day after a measure to separate the social media platform from its Chinese owners passed the House.

  • March 14, 2024

    McDermott Eyes White Collar Growth With Orrick FCPA Pros

    McDermott Will & Emery LLP announced Thursday the addition of a seven-partner team from Orrick Herrington & Sutcliffe LLP that will focus on the Foreign Corrupt Practices Act and the False Claims Act, saying it hired the team with an eye toward its white collar and government investigation capabilities.

  • March 14, 2024

    DOD's Weapons Monitoring In Iraq Fell Short, Watchdog Says

    The U.S. Department of Defense failed to properly inspect and account for military equipment sent to Iraq to fight ISIS, raising the possibility of weapons going missing and falling into adversaries' hands, the department's internal watchdog said.

  • March 14, 2024

    Biden Comes Out Against $14.9B US Steel-Nippon Merger

    President Joe Biden came out in opposition of U.S. Steel's planned $14.9 billion merger with Japan's Nippon Steel Corp. on Thursday, echoing lawmakers who have expressed concerns about the sale of an American institution to a foreign power. 

  • March 13, 2024

    Treasury Says Crypto Mixer Is 'Corporation In All But Name'

    The U.S. Department of the Treasury told the Fifth Circuit on Wednesday that it was justified in sanctioning crypto mixer Tornado Cash because the crypto project "is a corporation in all but name" rather than ownerless computer code, as its users contend.

  • March 13, 2024

    Importers Threading Chinese Rod In US To Duck Tariffs, Feds Say

    Importers appear to be shipping blank steel rod from China to the U.S. to dodge tariffs on alloy and certain carbon steel threaded rod, the U.S. Department of Commerce announced in a Federal Register notice posted Wednesday.

  • March 13, 2024

    Italy Defeats Investor Suit Against Solar Subsidy Reduction

    Italy has beaten back a German investment fund's claims that the country's lowered solar energy subsidies breached treaty obligations to ensure a stable investment environment, after an international tribunal ruled that the scale-down was reasonable, foreseeable and in the best interests of the public.

  • March 13, 2024

    DC Circ. Affirms Trafficker Label For Venezuelan Businessman

    The D.C. Circuit has refused to disturb a fugitive Venezuelan businessman's designation as a narcotics trafficker, rejecting claims that the Office of Foreign Assets Control failed to give fair notice before levying the sanctions.

  • March 13, 2024

    House OKs TikTok Divestment Bill Despite Free Speech Worry

    The House voted 352-65 on Wednesday to pass legislation that would require ByteDance Ltd. to divest TikTok or face a ban in the United States, in a vote that transcended party lines.

  • March 12, 2024

    1st Amendment Only The Start Of Woes Facing TikTok Ban

    Federal lawmakers are making an aggressive push to exclude TikTok from the U.S. market unless it severs ties with its Chinese parent company, but First Amendment concerns and questions over the proposal's breadth and its interplay with a recent executive order restricting certain foreign data sales threaten to hinder these efforts. 

  • March 12, 2024

    Treasury Sanctions More Iran-Backed Terrorist Operatives

    The U.S. Department of the Treasury on Tuesday unveiled new sanctions against a handful of individuals with ties to the designated terrorist group Al-Ashtar Brigades, singling out "key Iran-based operatives" as well as a financier for the group.

  • March 12, 2024

    Patent Deal Brings End To Philip Morris Import Ban

    The U.S. International Trade Commission has decided to pull its import ban on a line of Philip Morris heated tobacco products following a settlement of its patent fight with British American Tobacco, over the objections of the agency's own in-house lawyers.

  • March 12, 2024

    Unions Say China's Shipbuilding Boom Is Based On Unfair Trade

    The United Steelworkers and other labor unions called on the Biden administration to investigate unfair trade practices in China's shipbuilding sector in a 4,000-page petition Tuesday, calling empty U.S. shipyards a threat to national security and critical supply chains.

  • March 12, 2024

    Court Bars Ex-Exec From Sharing Info On Co.'s Body Armor

    A North Carolina federal court granted a defense contractor's request to stop a former sales executive from sharing confidential information and export-controlled data with a foreign rival, while the court reviews the contractor's allegations.

  • March 12, 2024

    House Dems Seek Probe Of Claims X Verified Sanctioned Entities

    Democrats on the House of Representatives' oversight committee say social media site X, formerly known as Twitter, must be investigated over recent allegations that it allowed terrorist groups and other U.S.-sanctioned entities to buy premium subscriptions and make money off advertising revenue.

  • March 12, 2024

    GOP's Crapo Wants Quick Resolution Of Tax Relief Package

    The Senate Finance Committee's top Republican tax writer said Tuesday that he wants to quickly resolve sticking points in pending bipartisan tax legislation that contains key incentives for families and businesses in order to advance a bill that would boost U.S. manufacturing.

  • March 12, 2024

    CIT Accepts Revised Ruling Freeing Importer From Pipe Duties

    The U.S. Court of International Trade accepted a U.S. Department of Commerce ruling freeing a piping products manufacturer from paying duties on Chinese pipe fittings to import its flange fittings, saying the reworked decision was supported by the evidence.

  • March 11, 2024

    Ford To Pay $365M After US Says Sham Seats Ducked Tariffs

    Ford Motor Co. has agreed to shell out $365 million to put to rest allegations it installed "sham" rear seats in hundreds of thousands of cargo vans to avoid paying higher duties, according to an announcement made by the U.S. Department of Justice on Monday.

  • March 11, 2024

    Forex Firm Wants CFTC Sanctioned For 'Bad Faith' Behavior

    A foreign exchange firm accused by the U.S. Commodity Futures Trading Commission of defrauding customers is calling on a New Jersey federal judge to sanction the agency for a "pattern of misconduct" that includes knowingly submitting false statements to the court and attempting to intrude on attorney-client privilege.

  • March 11, 2024

    Senate Could Be Hurdle To House Plan For TikTok Limits

    A bill to clamp down on TikTok that was unanimously approved by a House committee is expected to come to the House floor this week, but its fate in the U.S. Senate looks dicier.

Expert Analysis

  • What Can Be Learned From 3M's Iran Sanctions Settlement

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    3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.

  • ITC Ban On Apple Watch Could Still Be Reversed

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    The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Inside The Current State Of International Crypto Compliance

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    A recent Financial Action Task Force report regarding adoption of international virtual asset compliance standards reflects a fairly grim state of affairs, but a broader look at providers' risk mitigation efforts and developments is encouraging, say Leah Moushey and Franco Jofré at Miller & Chevalier, and Meredith Fitzpatrick at Forensic Risk Alliance.

  • Putin Ruling May Have Unintended Sanctions Consequences

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    By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.

  • Best Practices For Cos. Navigating US-China Investigations

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    Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Compliance Primer: Foreign Investment In US Real Property

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    The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.

  • Bank's Penalties Highlight Key AML Compliance Expectations

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    Recently, Shinhan Bank America faced coordinated enforcement actions from federal and state financial agencies for ongoing, unremedied anti-money laundering compliance failures, revealing current areas of regulatory oversight and focus, including expectations that AML compliance data systems provide a 360-degree view of customers, say attorneys at Jenner & Block.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A

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    Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.

  • Key Terms Of European Hydrogen Bank's 2023 Pilot Auction

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    The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • How Int'l Regulatory Collabs Can Expedite Pharma Approvals

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    Recent announcements highlight the growing importance of international regulatory collaboration for drug approval, which can greatly streamline the process for companies seeking to market their drugs in other countries, say Geneviève Michaux and Christina Markus at King & Spalding.

  • 5 Ways Maritime Cos. Can Enhance Sanctions Compliance

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    With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.

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