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International Trade
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June 16, 2022
WTO Inks Deals On Fisheries, Vaccines After Lengthy Session
World Trade Organization members unveiled a new package of trade accords late Thursday following a marathon negotiating session, headlined by deals to create flexible intellectual property rules covering COVID-19 vaccines and curtail global fishing subsidies.
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June 16, 2022
Shifty Ransomware Crews Spark Sanctions Concerns
A recent trend of cybercriminals attempting to mislead targets about their identities has made matters more difficult for attack victims tasked with deciding quickly whether a ransomware payout might breach government sanctions, industry attorneys say.
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June 16, 2022
7th Circ. Says Tariff Whistleblower Wasn't Wrongly Fired
The Seventh Circuit on Thursday ruled that a former senior global trade and customs manager for a Wisconsin-based window cover manufacturer was not unlawfully fired for her stance that the company owed higher tariffs for certain fabrics originating from China.
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June 16, 2022
5th Circ. Told Law Barring Israel Boycotts Harms Free Speech
A Texas-based engineering firm told the Fifth Circuit a lower court properly blocked enforcement of a Texas law prohibiting the state government from contracting with companies opposed to doing business with Israel because the law violates its constitutional right to engage in political boycotts.
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June 16, 2022
Ark. Prof Gets 1 Year For Lying To FBI About China Patents
A former University of Arkansas chemical engineering professor targeted in a controversial Trump-era counterespionage initiative was sentenced to a year and a day in prison Thursday for lying to the FBI about patents he held in China.
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June 16, 2022
US Producers Lose Bid To Up Brazilian Molding Duties
The U.S. Court of International Trade denied a domestic producer group's bid to issue anti-dumping duties on wood moldings and millwork products from Brazil, affirming the U.S. Department of Commerce's earlier decision to spare the producers from levies on the goods.
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June 16, 2022
Salvage Co. Ends Cross-Claim Against Golden Ray Shipowner
A Texas salvage and wreck removal company on Wednesday dismissed without prejudice its cross-claim against the owner of a large vehicle carrier that capsized off the coast of Georgia in 2019, in a pollution-related case brought by a Georgia county.
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June 16, 2022
UAE Trader Blames Sanctions For Unpaid €47M Oil Debt
A UAE-based trader has insisted that sanctions imposed on Russia after its invasion of Ukraine prevented it from paying €47.4 million ($49.3 million) still owed under a deal for crude oil with Lukoil's Swiss trading arm, arguing payment of the debt would now be unlawful.
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June 15, 2022
Amazon, Cartier Accuse Chinese Group of Counterfeit Scam
Online retail giant Amazon.com Inc. and luxury jeweler Cartier International AG filed a pair of trademark infringement lawsuits in Washington federal court Wednesday that accuse a group of Chinese entities and a Handan, China-based social media influencer of running a sophisticated scheme to sell counterfeit Cartier jewelry online.
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June 15, 2022
11th Circ. Dismisses Appeal Over 107 Acres In Mortgage Deal
The Eleventh Circuit has agreed with a lower court that a businessman involved in a failed joint venture to sell wheat to Yemen is not entitled to a 107-acre parcel of land in Alabama he claims his business partner should have signed over to him as his fair share of the unrealized profits.
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June 15, 2022
Gov't Urged To Better Track Civilian Harm By Saudis, UAE
The U.S. Department of Defense and U.S. Department of State don't know the full extent to which billions of dollars in U.S. military support for Saudi-led operations in Yemen may have led to civilian harm, according to a watchdog report.
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June 15, 2022
Commerce Sets Early Duties On Czech, Russian Rubber
The U.S. Department of Commerce placed early-phase duties on rubber from Russia and the Czech Republic Wednesday, preliminarily finding that the foreign goods were sold in the U.S. at unfairly low prices.
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June 15, 2022
Fed. Circ. Axes Bid To Expand Chinese Plywood Duties
The Federal Circuit denied an appeal from a coalition of U.S. plywood producers alleging that a Chinese plywood maker dodged duties Wednesday, ruling that the wood in question was legally sold before the levies were sought.
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June 15, 2022
Ex-Weil IP Counsel Moves To Winston & Strawn
A former Weil Gotshal & Manges LLP counsel who spent over 15 years with the firm has moved to Winston & Strawn LLP, the attorney recently announced.
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June 15, 2022
WTO Summit Extended Amid A Scramble For Consensus
World Trade Organization leaders on Wednesday announced that the ministerial summit in Geneva would be extended by one day as top trade officials strive for deals covering vaccine distribution, fisheries subsidies, food security and more.
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June 15, 2022
EU Launches Legal Action Against UK Over Brexit Treaty
The European Commission launched fresh legal action against the U.K. government on Wednesday, after London published legislation that would unilaterally dismantle a key element of the treaty securing Britain's withdrawal from the EU.
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June 14, 2022
Electric Car Co. Investor Sues In Del. Over Disclosure Failures
The shareholder of a special-purpose acquisition company that took electric vehicle start-up Faraday Future public in 2021 filed a proposed class action complaint in Delaware's Court of Chancery on Tuesday, alleging company leaders misled shareholders about the true value of the luxury electric car company before the merger.
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June 14, 2022
Fed. Circ. Clarifies Its COVID Testing Requirements
The Federal Circuit has expanded the kinds of COVID-19 testing it will accept from lawyers who plan to argue in front of the Washington, D.C., appellate court.
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June 14, 2022
New Ocean Shipping Regs On Deck, But Inland Woes Persist
Ocean container carriers will face tougher regulatory scrutiny under new federal legislation aimed at reducing costs for shippers and consumers and easing the supply-chain crunch, but experts say it won't completely tame freight congestion or record high inflation and fuel prices.
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June 14, 2022
CIT Won't Hike Duties On Hydraulic Pump Components
The U.S. Court of International Trade denied a Pennsylvania steel company's bid to raise duties on Italian components used in well service pumps Tuesday, ruling that the company improperly sued the government over its lack of on-site investigations during the COVID-19 pandemic.
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June 14, 2022
CIT Endorses Feds' Revamped Take On Korean Power Costs
The U.S. Court of International Trade endorsed Monday the U.S. Department of Commerce's finding that South Korea hadn't subsidized steelmakers' electricity costs, ruling the agency's second defense of that disputed conclusion now passed muster.
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June 14, 2022
DC Circ. Says FERC Properly Claimed LNG Facility Authority
The D.C. Circuit on Tuesday backed the Federal Energy Regulatory Commission's conclusion that it has jurisdiction to regulate a liquefied natural gas import facility in Puerto Rico, calling it a reasonable interpretation of the agency's Natural Gas Act authority.
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June 14, 2022
US Producer Lauds Commerce Duties On Omani Nails
A U.S. steel nails producer showed its support for the U.S. Department of Commerce's decision to lower countervailing duties on nails from Oman, commending Commerce for using the right documents to calculate the levies after a series of court rebukes.
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June 14, 2022
Lawyers' Body Warns UK Brexit Bill Risks EU Trade War
The British government's proposed legislation to unilaterally dismantle a key part of the Brexit withdrawal treaty undermines international law and risks triggering a trade war with the European Union, the Law Society warned Tuesday.
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June 13, 2022
Judge Says Ex-Trump Aide Navarro Can't Delay Arraignment
A D.C. federal judge overseeing former Trump White House trade adviser Peter Navarro's contempt of Congress prosecution on Monday declined to postpone his June 17 arraignment hearing for 45 days and issued a protective order barring Navarro from publicly disclosing certain discovery materials in the case, a decision the defendant swiftly criticized as "premature."
Expert Analysis
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5 Questions That Can Help Law Firms Win RFPs
As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.
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How Law Firms Can Employ More Veterans
Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.
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Associates, Look Beyond Money In Assessing Lateral Offers
In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.
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Opinion
ITC Must Enforce Standard-Essential Patents At The Border
The war in Ukraine and supply chain issues have amplified the importance of U.S. leadership in global standard-setting organizations, and U.S. International Trade Commission enforcement under the Tariff Act of standard-essential patents would create clear incentives for U.S. industry to lead standard setting, say Michael Renaud and Jonathan Engler at Mintz.
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Preventing Impermissible Client Solicitation After ABA Opinion
Following the American Bar Association's recent opinion on the limitations on client solicitation, attorneys at Harris Wiltshire examine the principal rules that govern a lawyer's ethical duties with respect to solicitation, explain how those rules vary by jurisdiction, and provide some practical tips for ensuring compliance.
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Lessons On Avoiding E-Discovery Violations And Sanctions
Michael Fox and David Cohen at Reed Smith discuss how counsel can assist their clients in meeting preservation obligations for electronically stored information in light of recent federal rulings on spoliation sanctions motions for possible violations of this duty.
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Collaborative Tech Will Dictate Future Law Firm Success
Law firms need to shift their focus from solving the needs of their lawyers with siloed solutions to implementing collaboration technology, thereby enabling more seamless workflows and team experiences amid widespread embrace of hybrid and remote work models, says Kate Jasaitis at HBR Consulting.
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When Is A Sale Considered 'Within The US' Under Patent Act?
The seemingly basic question of when a sale is considered "within the United States" under the U.S. Patent Act has led to much confusion and little predictability, and for foreign supply companies selling directly to U.S. buyers, or selling into U.S. companies' international supply chains, the issue's importance is pronounced, says Georg Reitboeck at Haug Partners.
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How To Effectively Prepare A Witness For Remote Testimony
Many of the lessons taught in an introductory theater performance class can provide foundational guidelines for virtual witness preparation, including the importance of props, proper lighting and wardrobe decisions, and of acknowledging that the star of your show is not a Zoom expert, say Hailey Drescher at Trask Consulting and Michael Thomas at Foley & Lardner.
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Writing Contracts That Address Subsequent Russia Sanctions
Past litigation illustrates how escalating sanctions against Russia amid the war in Ukraine make it prudent for affected contracting parties to negotiate force majeure provisions that directly address participants' respective rights and obligations in the event of subsequent actions, say John McIntyre and Cara Brack at Porter Wright.
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As Cyber Risks Surge, Remember Attorneys' Ethical Duties
The prevalence of remote work and a greater threat of Russian cyberattacks should serve as a stark reminder of a lawyer's professional obligations to guard against unauthorized disclosure of client information and to protect client interests in the event of a cyberattack, says Alvin Mathews at Ulmer & Berne.
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Rethinking E-Discovery Readiness Amid Rise Of Collab Tools
Online collaboration platforms and instant messaging tools are quickly becoming the primary mode of internal business communications, leading to disputes around discoverability of data on these platforms and underscoring the need for new preservation processes to ensure compliance with discovery obligations, say Jay Carle and Ryan Tilot at Seyfarth.
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Peppa Pig Ruling A Cautionary Tale On Sanctions And IP
A Russian court's recent ruling that the "Peppa Pig" and "Daddy Pig" trademarks belonging to a U.K. unit of Hasbro can be used without payment or permission has broad implications for intellectual property protections in sanctioned countries, say Nora Titus and Philip Albert at Haynes and Boone.
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Series
Embracing ESG: Uber Counsel Talks Safety Standards
Katie Waitzman at Uber discusses how in-house counsel can use environmental, social and corporate governance principles to bridge risk and innovation, as exemplified by the company’s recent women’s safety initiatives.
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Opinion
Prospectively Appointing Jackson To High Court Is Unlawful
President Joe Biden should rescind his prospective appointment of Judge Ketanji Brown Jackson to the U.S. Supreme Court as the decision contradicts the court's reasoning in Marbury v. Madison, raises gravely troubling issues regarding presidential discretion and brings a serious question about her legitimacy as a justice, says attorney John Reeves.