International Trade

  • December 06, 2023

    Ex-USPTO Directors Rally Against WTO IP Waiver

    Former U.S. Patent and Trademark Office directors and several prominent patent lawyers are among those telling the Biden administration not to side with efforts at the World Trade Organization to broaden an incredibly limited waiver on intellectual property protections.

  • December 06, 2023

    Judge Newman Decries Unenforceable Fed. Circ. Promises

    Federal Circuit Judge Pauline Newman told a D.C. federal judge Wednesday that she's entitled to an injunction barring her colleagues from keeping her off new cases, even though the original suspension order she challenged has been lifted.

  • December 06, 2023

    Texan, Chinese Cos. Pay $2.5M To Settle Duty Fraud Claims

    Three companies from Texas and China and two individuals agreed to pay $2.5 million to resolve claims that they fraudulently underpaid customs duties owed on goods imported from China, federal prosecutors announced.

  • December 06, 2023

    Apple Allowed To Seal Smartwatch Competition Hearing

    A California federal judge has granted Apple's request to hold an upcoming hearing behind closed doors in a suit accusing the tech giant of illegally blocking a small startup from the smartwatch marketplace, saying closing the courtroom is necessary for the parties to discuss key issues in the case.

  • December 06, 2023

    Wood Pellet Co. Leaders Face Investor Suit Over ESG Claims

    Investors in energy company Enviva Inc. filed a derivative suit against the company's top brass in Maryland federal court, alleging they made false statements about the company's cash flow and environmental, social and governance policies, which led to a stock price decline once it was revealed that Enviva's wood pellets weren't a clean replacement for coal.

  • December 06, 2023

    Belgian Charged With Smuggling US Tech To China, Russia

    The U.S. Department of Justice announced Wednesday the arrest of a Belgian businessman accused of running a global smuggling network that has been blacklisted by the federal government for allegedly shipping American military tech to Russia and China.

  • December 06, 2023

    Plastic Coating Doesn't Spare Knit Gloves From 13.2% Duty

    The Federal Circuit refused to disturb a 13.2% tariff on industrial glove imports, ruling Wednesday that the knit gloves' partial plastic coating wasn't enough to qualify them for the duty-free treatment afforded to plastic gloves.

  • December 05, 2023

    Feds Say Bosnian Man Helped Russian Flee Sanctions Case

    Federal prosecutors in Brooklyn, New York, on Tuesday announced the arrest of a Bosnian man who they said assisted a Russian trader in escaping house arrest in Italy after he was accused of procuring weapons parts and oil in furtherance of Russia's war in Ukraine.

  • December 05, 2023

    Export-Import Bank Slammed As Major Fossil Fuel Financier

    Environmental group Friends of the Earth U.S. slapped the U.S. Export-Import Bank with an international complaint Tuesday alleging the agency has poured billions of dollars into fossil fuel projects, despite the Biden administration's commitment to end such international public financing.

  • December 05, 2023

    Mechanics Seek Class Status In Kuwait Forced-Labor Suit

    More than two dozen mechanics who worked for ManTech International Corp. are looking to certify their proposed class action accusing The Carlyle Group-owned military contractor of using them as forced labor to repair armored vehicles in Kuwait.

  • December 05, 2023

    Court Denies Duty-Free Treatment For Specialty Baby Formulas

    A specialty baby formula maker couldn't convince the U.S. Court of International Trade that its products could enter the country duty-free, after the court determined that the products were "food preparations" subject to a 6.4% tariff.

  • December 05, 2023

    Atty Says Fake News Sanctions Deserve Due Process Hearing

    An attorney who was hit with nearly $270,000 in sanctions after he was found to have manufactured fake news articles in a bid to influence an arbitration between Chevron and Saudi oil heirs told a federal judge this week he should have received a due process hearing before being slapped with the penalties.

  • December 05, 2023

    11th Circ. Upholds Summonses For Peruvians' US Bank Docs

    The Eleventh Circuit upheld IRS summonses for the U.S. bank records of Peruvian siblings who claimed that a history of corruption in their government should have stopped the IRS from cooperating with it, saying a district court correctly denied the siblings a chance to present evidence of wrongdoing.

  • December 04, 2023

    Fed. Circ. Backs Duty Rate Without Distortion For Thai Pipes

    The Federal Circuit upheld a trade court win for Thai steel pipe-makers on Monday, confirming that the judge below correctly applied the appeals court's removal of market adjustments the U.S. Department of Commerce used to boost anti-dumping duties.

  • December 04, 2023

    DOD Urged To Explain Reports Russian Oil Seeping Into US

    Sens. Maggie Hassan, D-N.H., and Marco Rubio, R-Fla., have urged the Pentagon to explain its efforts to ensure the U.S. isn't using sanctioned Russian oil amid reports the U.S. unknowingly purchased oil from a Greek refinery holding the sanctioned fuel.

  • December 04, 2023

    Leave The Courtroom Doors Open, Says Apple Foe

    Apple and lawyers for a small startup that accuses the tech giant of illegally blocking it from the smartwatch marketplace are fighting over how accessible a key hearing in the case will be.

  • December 04, 2023

    Swiss Bank To Pay $123M For Hiding Offshore Account Funds

    A Swiss bank will pay $123 million to the U.S. Department of the Treasury as part of an agreement to settle criminal charges that it helped U.S. taxpayers hide $5.6 billion in more than 1,600 secret bank accounts, the U.S. Department of Justice announced Monday.

  • December 04, 2023

    Caterpillar Pushes Again For Sanctions In Antitrust Suit

    Caterpillar is moving for sanctions in its long-running antitrust dispute with International Construction Products, telling a Delaware federal judge that the now-defunct equipment supplier, which is accusing Caterpillar of tortious interference and boycott claims, failed to preserve important documents as employees left and the company shuttered.

  • December 04, 2023

    Ex-Real Estate Atty Avoids Prison In Russia Sanctions Case

    A Manhattan federal judge on Monday allowed a longtime real estate attorney who facilitated tax and insurance payments for a sanctioned Russian oligarch to avoid prison, citing his advanced age and limited involvement in the lawbreaking.

  • December 04, 2023

    ITC Advances Investigation Into Likely Dumping Of Thai Tires

    The U.S. International Trade Commission voted to continue an investigation into truck and bus tires imported from Thailand, concluding that the imports were probably being dumped in the U.S. at unfairly low prices that harm the domestic tire industry.

  • December 01, 2023

    WTO Climate Tools Carry Warning For EU Approach On Steel

    A new World Trade Organization report detailing 10 trade policy tools countries can apply to support climate initiatives contains a word of caution related to Europe's position in faltering negotiations with the United States over greening steel production.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Nokia Gets ITC To Review HP, Amazon Imports Over Patents

    The U.S. International Trade Commission has agreed to review Nokia's allegations that HP and Amazon were wrongly importing products that infringed a variety of Nokia patents related to video technology.

  • December 01, 2023

    US Sanctions 3 More Tankers For Dodging G7 Oil Price Cap

    The U.S. sanctioned three more oil tankers Friday for shipping Russian oil priced above the G7's price cap, the latest such actions following the blacklisting of five other vessels in recent weeks.

Expert Analysis

  • What US-Canada Critical Minerals Collab Means For Cos.

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    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.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    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.

  • Breaking Down High Court's New Code Of Conduct

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    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.

  • What New DHS Cybersecurity Policy Means For Bid Protests

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    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.

  • Mitigating Antitrust Risk Amid Increased Dealmaking Scrutiny

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    While deals continue to get done despite 60% of significant merger investigations in the U.S. last year concluding with a complaint or abandoned transaction, private equity firms should identify and assess potential antitrust risks and develop strategies to mitigate them early in the deal process, say attorneys at Dechert.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • 1 Year In, Money Laundering Law Tweak May Have Big Impact

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    Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.

  • How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing

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    The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • A Comparison Of Patent Dispute Resolution In US And China

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    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.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    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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