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International Trade
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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May 24, 2023
GOP Lawmakers Blast China's Ban On Micron Products
A pair of Republican lawmakers have criticized China's decision earlier this week to block certain Chinese companies from using microchips manufactured by Idaho-based Micron Technology, with one lawmaker saying China's actions are "blatantly coercive and have nothing to do with [its] national security."
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May 24, 2023
Blumenauer To Reintroduce Customs Loophole Bill
Rep. Earl Blumenauer, D-Ore., is renewing a bid to control China's access to the U.S. market through low-value e-commerce sales by closing the so-called de minimis loophole with a bill that would reimpose tariffs for countries of concern.
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May 24, 2023
Ericsson Escapes Investor's ISIS Bribes Suit
A New York federal judge on Wednesday dismissed a lawsuit accusing Swedish telecommunications giant Ericsson of hiding its knowledge of possible bribes to the Islamic State from U.S. investors, saying that generic statements about the company's growth in the Middle East did not require further disclosure.
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May 24, 2023
Reps. Reintroduce Bipartisan UK Trade Negotiations Bill
Two U.S. House of Representatives members introduced legislation Wednesday matching a Senate measure introduced earlier this year to authorize executive branch negotiations on a new free trade agreement with the United Kingdom.
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May 24, 2023
DOJ Says New Self-Reporting Policies Already Bearing Fruit
A senior U.S. Department of Justice official on Wednesday said the recent revisions to the department's corporate criminal enforcement policies have already begun to show results, and to expect a robust second half of 2023 with respect to resolutions of corporate cases.
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May 24, 2023
DOE Yanks $200M EV Battery Grant From Texas Tech Co.
Texas-based Microvast said on Wednesday it was surprised by the Biden administration's decision to cancel negotiations for the company's $200 million award toward an electric vehicle battery plant after Republican lawmakers accused the tech firm of links to the Chinese Communist Party.
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May 24, 2023
Mexican Pipe Co. Says Feds Put Out-Of-Scope Items In Duty
A Mexican pipe and tube manufacturer has taken the U.S. Department of Commerce to the U.S. Court of International Trade over its handling of an antidumping tariff review, saying the department's calculations included customized auto products that aren't covered by the duty.
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May 23, 2023
Court OKs Feds' New Reasoning For Hefty Chinese Tire Duty
The U.S. Court of International Trade has signed off on a steep 105% anti-dumping duty that it previously remanded for reworking, accepting the U.S. Department of Commerce's revised explanations that a Chinese tire producer was subject to government control.
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May 23, 2023
In Russia, US Reframes Secondary Sanctions To Suit Allies
The focus on business intermediaries in the latest round of U.S. sanctions against Russia bears striking similarities to secondary sanctions that force foreigners into doing business with one country or the other, but key tweaks have made the new approach more palatable to allies.
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May 23, 2023
Treasury Sanctions Orgs Tied To North Korean Hacks, Scams
The U.S. Department of the Treasury on Tuesday sanctioned four entities and one North Korean national for their alleged involvement in hacking and IT schemes that have helped the North Korean government make off with hundreds of millions of dollars in recent years.
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May 23, 2023
Commerce Tees Up Duties For Dumped Chinese Rail Couplers
The U.S. Department of Commerce on Tuesday readied final anti-dumping duties topping 139% for freight rail couplers from China after concluding that Chinese exporters were flooding the U.S. market with the couplers at unfairly low prices.
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May 23, 2023
Feds Score Second Conviction Ever Under Torture Statute
A Pennsylvania man became the second person to be convicted under a nearly 30-year-old federal torture statute, after a jury found that he abducted, detained and tortured an employee who threatened to expose an illegal weapons manufacturing scheme in Iraq.
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May 22, 2023
Meta's €1.2B EU Fine Raises Stakes For US Data Transfer Deal
European data protection authorities' record-setting privacy fine against Meta Platforms has left companies with limited options for transferring personal data from the European Union to the U.S., hastening the need for a new political agreement to permit these vital exchanges.
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May 22, 2023
Fla. Hit With Suit Over 'Unconstitutional' Chinese Property Ban
A group of Chinese citizens who live, work and are raising families in Florida are challenging a law that severely limits the ownership of Florida property by Chinese nationals, comparing the law to such past discriminatory measures as the Chinese Exclusion Act, according to the federal complaint filed Monday.
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May 22, 2023
US Urges Goodyear Probe In Mexico After Suspect Union Vote
The U.S. has triggered the North American trade pact to request that Mexico investigate a Goodyear Tire and Rubber Co. facility in San Luis Potosí for labor violations, saying Monday it suspects that workers are being denied their collective bargaining rights.
Expert Analysis
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Climate Change Clarifications To Expect From World Court
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.
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Data-Driven Insights Are Key To Attracting Today's Clients
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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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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What Could Be On The Horizon For FARA Reform
The U.S. Department of Justice is set to issue new Foreign Agents Registration Act rules in the coming months, and based on public comments, recent advisory opinions and congressional reform proposals, clarification of the statute’s scope, definitions and exemptions may be coming, says Tessa Capeloto at Wiley.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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UK Ruling Offers Useful Guidance To Insolvency Practitioners
The recent U.K. High Court ruling in a matter involving Sova Capital represents the first unsecured credit bid to be approved by an English court, demonstrating a pragmatic approach to complex sanctions-related administrations and identifying a novel solution for insolvency practitioners to maximize value for the benefit of creditors, say attorneys at Katten.
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Ambiguity In 'Buy America' Implementation May Slow Projects
The White House Office of Management and Budget's most recent guidance, which builds on a complex patchwork of Buy America restrictions that vary by federal agency, would perpetuate government contractors' uncertainty regarding product and material classification and could delay infrastructure projects, say attorneys at Miles & Stockbridge.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Halkbank Ruling May Mean More Foreign-State Prosecutions
The U.S. Supreme Court's recent ruling in Halkbank v. U.S. that the Foreign Sovereign Immunities Act does not apply to criminal cases involving foreign states and state-owned entities increases the risk of such prosecutions and significantly affects how these entities comport themselves in the U.S., say attorneys at Foley Hoag.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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US Cos. Should Prep For EU Green Claims Compliance
U.S. manufacturers should get ready now for the European Commission's recently proposed Green Claims Directive, which would require companies — and, potentially, foreign suppliers of parts and materials used in consumer goods— to substantiate any claims about the environmental merits of products sold in the European Union, say Maram Salaheldin and Kevin Kent at Clark Hill.
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Recent BIS Moves Signal Export Control's New Era
Back-to-back developments at the Bureau of Industry and Security — including guidance on enhanced penalties for failure to voluntarily disclose export control violations, and a $300 million enforcement action against Seagate — suggest the consequences of noncompliance have never been higher, say attorneys at Ropes & Gray.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.