International Trade

  • May 31, 2023

    Bankman-Fried Says Fenwick Docs Key To Fraud Defense

    FTX founder Sam Bankman-Fried wants access to documents related to Fenwick & West's past work for the bankrupt cryptocurrency exchange as he mounts a defense to a raft of fraud charges.

  • May 30, 2023

    DP World Seeks OK Of $148M Award Against Djibouti

    A port terminal operator has kicked off litigation in D.C. federal court to enforce a $148 million arbitral award against the Republic of Djibouti following a yearslong dispute over the operation of a modernized port facility that opened in 2008.

  • May 30, 2023

    Importer's Due Process Appeal May Help Domestic Biz

    The Federal Circuit's review of a pencil importer's due process claims is encouraging for importers denied access to evidence when accused of skirting duties under a 2015 law, but a decision in their favor could actually benefit domestic manufacturers as well, experts say.

  • May 30, 2023

    Calif. Microchip Co. Accuses Chinese Biz Of Infringing Patents

    A California company behind a new kind of energy-efficient microchip has kicked off a legal campaign to use patent law to stop a rival in China that hired two of its former engineers and purportedly has since gone on to become one of world's largest manufacturers of those kinds of chips.

  • May 30, 2023

    US Goes After Counterfeit Drug Labeling With New Sanctions

    The U.S. Department of the Treasury issued new sanctions on Tuesday against a slate of Chinese and Mexican businesses that it says offer equipment to disguise counterfeit pills, marking the federal government's latest effort to crack down on fentanyl proliferation.

  • May 30, 2023

    Gartner To Pay SEC $2.5M Over Alleged FCPA Violations

    The U.S. Securities and Exchange Commission settled with technology and consulting company Gartner Inc. for approximately $2.5 million to resolve charges that the company violated the Foreign Corrupt Practices Act through a scheme to retain business from a South African government entity.

  • May 30, 2023

    Bankman-Fried Charges Backed By Ample Evidence, Feds Say

    Prosecutors told a Manhattan federal judge Monday that there's no basis for tossing the indictment against FTX founder Sam Bankman-Fried, saying cooperating witnesses and other evidence at trial will trace how the crypto mogul's theft of customer funds drilled a "multi-billion-dollar hole in FTX's balance sheet."

  • May 30, 2023

    Navarro's Contempt Of Congress Trial Set For September

    A Washington, D.C., federal judge on Tuesday set an early September trial date for former Trump White House trade adviser Peter Navarro's contempt of Congress case, which accuses him of defying a subpoena related to the investigation of the Jan. 6, 2021, insurrection at the U.S. Capitol.

  • May 30, 2023

    Supreme Court Skips Whistleblowing Atty's SEC Award Fight

    The U.S. Supreme Court on Tuesday passed on reviewing whether an attorney who blew the whistle on a foreign bribery scheme should have been rewarded for the tip despite having pled guilty to bribery charges himself.

  • May 28, 2023

    Indo-Pacific Framework Yields First Deal On Supply Chains

    The 14 members of the Indo-Pacific Economic Framework wrapped negotiations for a deal to strengthen supply chains, top Biden administration officials announced Saturday, touting the agreement's initiatives as the answer to recent production shortfalls and factory furloughs.

  • May 26, 2023

    Biden's Stance On Investor-State Arbitration Still Murky

    More than 30 federal lawmakers sent a letter this month urging the Biden administration to support the Honduran government in its fight against a U.S.-based developer's staggering multibillion-dollar claim, but there's reason to be dubious the White House will follow through.

  • May 26, 2023

    Trade Court Says Mixed Frozen Fruit Is Still Frozen Fruit

    The U.S. Court of International Trade on Friday ordered a frozen fruit company's all-fruit mixtures to be reclassified but declined to impose the resulting higher related duty rate, saying the government never asked for it.

  • May 26, 2023

    Wyden Pushes ITA On Spyware Sales To Foreign Markets

    U.S. Senator Ron Wyden, D-Ore., pushed the International Trade Administration again Friday for answers regarding its supposed promotion of "dangerous" spyware technology in foreign markets, noting it has not been forthcoming about those details and that the White House has concerns spyware can be used for surveillance, oppression and repression.

  • May 26, 2023

    Evidence Should Shred Glycine Evasion Ruling, Importers Say

    Three companies that import the amino acid glycine slammed a federal agency's "scattershot approach" to investigating tariff evasion in a memorandum Friday, telling the U.S. Court of International Trade the decision contradicted the only evidence that mattered in the case.

  • May 26, 2023

    Fed. Circ. Backs ITC In Surgical Stapler IP Row

    The Federal Circuit has backed a U.S. International Trade Commission finding that Intuitive Surgical Inc.'s surgical stapler cartridge imports didn't infringe a patent owned by Johnson & Johnson unit Ethicon, while also agreeing that a claim in another Ethicon patent wasn't valid.

  • May 25, 2023

    Albright, Royalty Rates & AI Updates You Should Know

    U.S. District Judge Alan Albright has updated his filing requirements for attorneys, the Copyright Royalty Board is close to announcing its new take on certain royalty rates, and the White House is asking for feedback on artificial intelligence. Here's what you need to know about these recent administrative updates.

  • May 25, 2023

    Huawei To Lean On Ciminelli In Bid To Dodge Fraud Charges

    Counsel for Huawei Technologies Co. Ltd. on Thursday told a New York federal judge they are planning to seek dismissal of wire fraud charges against the Chinese telecom giant in light of the U.S. Supreme Court's recent Ciminelli decision, ahead of a sanctions and trade secret theft trial that may take place next year.

  • May 25, 2023

    Amentum Says Exercise Company Atty Intimidated Witness

    A federal contractor accused of undercutting domestic businesses by reselling imported exercise machines that had been seized at the border has asked a Florida federal judge to sanction opposing counsel for allegedly improper communications with a witness that the contractor says amounts to intimidation.

  • May 25, 2023

    Judge Says 'Unclean Hands' Ease 'Made In America' Loss

    A New Jersey federal court narrowed the amount of damages a caulk company could win after proving a rival falsely marketed its products as American, saying the business had also engaged in that same misconduct.

  • May 25, 2023

    Furniture Co. Challenges Duties On Chinese Wooden Bed Sets

    A California-based luxury furniture company hauled the federal government into the U.S. Court of International Trade on Thursday seeking a ruling that its upholstered furniture fell outside the scope of an antidumping duty, or ADD, order on wooden bedroom furniture from China.

  • May 25, 2023

    Cost Puzzle Poses Hurdle To Claiming Bonus Energy Credits

    Developers of clean energy projects may face challenges claiming the bonus tax credits available for sourcing key materials in the U.S. because recent guidance calls for using certain manufacturing costs — which are often confidential or not readily available — in determining their eligibility.

  • May 25, 2023

    Deals Rumor Mill: MMC, Virgin Australia, Manchester United

    Malaysian businessman Syed Mokhtar Al-Bukhary is exploring selling a stake of MMC Port Holdings to an outside investor, Bain Capital is considering listing Virgin Australia through an initial public offering, and Manchester United's owners may delay plans to sell the soccer club. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • May 25, 2023

    Argentina Again Seeks Talks Over US Oil And Gas Pipe Duties

    Argentina requested consultations with the United States on Thursday over its anti-dumping tariffs on oil and gas pipes, marking the third time that Argentina has challenged U.S. trade policies toward its oil country tubular goods.

  • May 24, 2023

    Chipmakers Say Guardrail Proposals Reduce Competitiveness

    Heavy hitters from the global computer chip industry, including Samsung, TSMC and others offered their stances on a proposed rule governing federal funding to increase semiconductor manufacturing, urging the agency to walk back language they said could threaten their competitiveness.

  • May 24, 2023

    Mich. Judge Says Dubai Date Co.'s Franchise Row Belongs In UAE

    A Michigan federal judge tossed a franchisee's suit against an Emirati gourmet confectioner Tuesday, finding the UAE courts are better suited to interpret the franchise contract, which is governed by that country's laws.

Expert Analysis

  • Opinion

    Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • Investment Arbitration May Aid Stakeholders In Russian Cos.

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    Though Russian countermeasures against international sanctions have caused many foreign investors' assets to become trapped in Russia, arbitration mechanisms provide investors with opportunities to recover significant monetary damages for their losses, say Eric Leikin and Photeine Lambridis at Freshfields.

  • The Nuts And Bolts Of IRS Domestic Content Tax Credit

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    Recent IRS guidance provides specifics on how renewable energy projects can qualify for bonus tax credits by meeting U.S. domestic content rules, but also creates a qualification framework that will be complicated for project developers to navigate, say Scott Cockerham and Wolfram Pohl at Orrick.

  • Parties Will Face Barriers Challenging Trade Secret Sanctions

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    An upcoming presidential report will identify foreign individuals and entities that may be subject to sanctions for trade secret theft under the Protecting American Intellectual Property Act, and considering PAIPA provides little opportunity for parties to challenge these sanctions, there are significant due process concerns, says Jordan Rice at MoloLamken.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • The Multimillion-Dollar Patent Consequences Of 'A' Vs. 'The'

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    Two Federal Circuit cases last month provide exemplary applications of both the general rule and its exception when interpreting the exact meaning of the indefinite articles "a" and "an" in patent claims, say attorneys at Shearman.

  • Minimizing Discrimination Risks In Export Control Compliance

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    A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.

  • M&A Considerations For European Cos. Acquiring US Entities

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    As investment banks forecast a resurgence of mergers and acquisitions later this year, European companies seeking to acquire U.S. businesses should be aware of key procedural differences and federal regulatory requirements that will affect the process, timing and terms of the transaction, say attorneys at Mintz.

  • What Associates Need To Know Before Switching Law Firms

    Excerpt from Practical Guidance
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    The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

  • A Case For Sharing Mediation Statements With Counterparties

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    In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

  • How EU ESG Regs Affect US Financial Market Participants

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    The European Commission recently confirmed that the Sustainable Finance Disclosure Regulation applies to all funds marketed in the EU, so affected U.S. financial market participants will need to consider the new guidance on principal adverse impacts, sustainable investments and promotion of carbon emissions reductions, say attorneys at Debevoise.

  • Preparing For Legal Scrutiny Of Data Retention Policies

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    Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.

  • Opinion

    Attorneys Should Have An Ethical Duty To Advance DEI

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    National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.

  • Climate Change Clarifications To Expect From World Court

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    The upcoming International Court of Justice advisory opinion on climate change could help frame states' obligations and shape businesses' climate strategies, and the proceedings provide stakeholders with the opportunity to present their views on environmental responsibilities, say attorneys at Covington.

  • Data-Driven Insights Are Key To Attracting Today's Clients

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    As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.

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