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International Trade
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September 15, 2023
Judge Scorns 'Nonsensical' Moroccan Fertilizer Duty Estimate
A U.S. Court of International Trade judge chided the U.S. Department of Commerce for "unreasonable" and "nonsensical" calculations related to subsidies on phosphate fertilizer from Morocco, tossing the duty order back to the agency.
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September 15, 2023
Goodyear, Michelin Seek $4.6M Over Damaged Rubber Cargo
Michelin North America Inc., The Goodyear Tire & Rubber Co. and other tire firms are asking a Louisiana federal court to make a group of international shipping companies pay them $4.6 million after thousands of bales of rubber they paid for allegedly arrived with significant water damage.
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September 15, 2023
Commerce To Lift Duties On Select Chinese Solar Panels
The U.S. Department of Commerce said Friday it has preliminarily decided to lift duties on certain portable solar panels at the request of a U.S. importer, saying no member of the domestic solar industry has expressed any objections to the revocation.
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September 15, 2023
Trade Commission Moves Multinational Mattress Probe Ahead
The U.S. International Trade Commission found evidence that imported mattresses from 13 countries have harmed the domestic industry and is advancing anti-dumping and countervailing duty investigations that U.S. companies including Sealy, Tempur-Pedic and Brooklyn Bedding requested.
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September 14, 2023
Marble Co. Says Insurer Owes $6.1M For Pest-Infested Stone
A stone company told a New York federal court Thursday its insurer owes it over $6.1 million in damages after pest-infested marble the company bought from Turkey was damaged at sea and denied entry in Florida by the U.S. Department of Agriculture due to vermin.
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September 14, 2023
Ship Size, Limited Routes Deepen Panama Drought Crisis
Two years after the MV Ever Given became lodged in the Suez Canal, global trade is once again snagged in a narrow waterway — this time the drought-plagued Panama Canal, where ships are currently waiting 30% longer than average to cross.
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September 14, 2023
Fed. Circ. Backs Reynolds Patent In Philip Morris' Import Ban
The Federal Circuit on Thursday rejected a bid by Philip Morris to undo a decision upholding an R.J. Reynolds unit's e-cigarette patent, which, according to the U.S. International Trade Commission, was infringed by Philip Morris' IQOS line of heated tobacco products, resulting in an import ban.
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September 14, 2023
Plywood Co. Says Duty Evasion Probe Lacked Transparency
A plywood exporter hauled the U.S. Department of Commerce to court on Thursday, saying the department gave it no opportunity to address findings its products were circumventing duties on Chinese plywood and deviated from normal practices in its circumvention inquiry.
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September 14, 2023
New US Sanctions Target Russian Equipment, Service Cos.
The White House on Thursday sanctioned dozens of individuals and businesses that provide equipment to Russia's energy, defense and manufacturing sectors, in an effort to choke the Russian industrial base's access to critical components as the Russia-Ukraine War continues.
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September 14, 2023
Va. Man Guilty Of Exporting Construction Machinery To Iran
A Georgia federal jury has convicted a Virginia man of shipping large construction equipment to Iran by routing the shipments through the United Arab Emirates in an attempt to skirt sanctions and regulations.
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September 14, 2023
EU Launches Probe Of Unfair Chinese EV Subsidies
A European Union investigation into China's subsidies for electric vehicles was met with a sharp response from Beijing, which urged the bloc to keep its markets open to foreign companies.
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September 14, 2023
Senate Panel OKs Taiwan Double-Tax Relief Unanimously
The U.S. Senate Finance Committee unanimously approved legislation Thursday that would provide double-taxation relief and other treaty-like benefits for Taiwanese businesses investing in the U.S.
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September 14, 2023
Chinese Coupler Co. Claims New Duty Probe Was Illegal
A Chinese maker of rail couplers has sued over the U.S. Department of Commerce's recent duties on imported couplers, alleging the agency failed to justify reversing its earlier conclusion that it couldn't confirm the imports specifically damaged the U.S. industry.
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September 14, 2023
7 District Nominees Advance To Full Senate
The Senate Judiciary Committee advanced seven district judge nominees for New York, Delaware, Louisiana, Maryland, Michigan and Pennsylvania to the full Senate on Thursday, including one the committee's top Republican called "one of the worst picks imaginable."
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September 14, 2023
Aerospace Group Says Int'l Cooperation Key To US Leadership
The Aerospace Industries Association, an industry group representing U.S. aerospace and defense industry members, said enhancing global cooperation is key to the nation's leadership in advanced technologies, recommending the U.S. incentivize exports and strengthen its supply chain through inclusive policies.
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September 14, 2023
Russian Steel Tycoon Loses EU Sanction Challenge
A Russian steel mogul has lost his bid to lift European Union sanctions after judges rejected his argument that his business had been wrongly characterized as being in a sector that generated significant tax revenue for the Russian government.
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September 13, 2023
$10B Claim Against Colombia Over Sunken Treasure Surfaces
An unusual, decades-old dispute over a massive cache of gold, silver and emeralds from an early 18th-century shipwreck off the coast of Colombia has prompted a $10 billion claim filed against the country at the Permanent Court of Arbitration, according to documents made public this week.
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September 13, 2023
Biscayne Capital Exec Pleads Out In $155M Fraud Case
The co-founder of investment advisory firm Biscayne Capital on Wednesday admitted to his role in what prosecutors say was a $155 million Ponzi scheme that defrauded banks and investors in a purported luxury real estate fund.
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September 13, 2023
FCC Says It's Keeping Close Eye On Chinese IoT Modules
The head of the Federal Communications Commission wants concerned members of Congress to know that the agency isn't taking unease about Chinese-made cellular modules lightly and has already taken a host of actions to ensure national security remains intact.
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September 13, 2023
Treasury Official Defends Scrutiny Of Overseas Investments
The Biden administration official tasked with implementing federal reviews of U.S. investments overseas endeavored to justify his agency's role in the program at a congressional hearing Wednesday, pointing to its growing skill in addressing emerging national security threats.
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September 13, 2023
USPTO Seeks Comments On Standard-Essential Patents
The U.S. Patent and Trademark Office and other federal agencies are looking for input on how to help improve standard-setting in the U.S., saying they are looking for information on issues like the effects of foreign intellectual property rules on standard-setting domestically.
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September 13, 2023
Navarro Prods Court Officer Over Jury Break In Contempt Trial
Attorneys for former Trump White House adviser Peter Navarro questioned a Washington, D.C., federal court security officer Wednesday about a 15-minute break jurors took outside the courthouse before convicting Navarro of contempt of Congress charges last week, which they claim is grounds for a mistrial because there were protesters present.
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September 13, 2023
EU Court OKs Export Curbs On Venezuela Over Political Crisis
Venezuela on Wednesday failed to invalidate European Union measures barring exports of equipment with military and monitoring applications to the South American country after the EU's General Court found an assessment of the country's political crisis to be accurate.
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September 13, 2023
Firm Says Ex-Army Col. Stiffed It On $140K Tab In FCPA Case
Boston boutique defense firm Fick & Marx LLP sued a former U.S. Army colonel after helping him win a new trial and the eventual dismissal of a Foreign Corrupt Practices Act case, claiming the onetime client has not paid his $142,000 legal tab.
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September 12, 2023
Korean Subcontractor To Pay $8.6M In DOJ Price-Fixing Probe
A Texas federal judge sentenced a South Korean firm on Tuesday to pay $8.6 million in penalties and restitution for its role in a bid-rigging scheme that conned the U.S. Department of Defense into overpaying $3.6 million for operation and maintenance subcontract work at overseas military hospitals.
Expert Analysis
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5 Compliance Mistakes To Avoid When Entering A New Market
As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.
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Where Biden's Outbound Investment Effort May Be Headed
The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Strike Force Actions Underscore Foreign Risks For Tech Cos.
As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Trends Emerge In High Court's Criminal Law Decisions
In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.
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How Rights Owners Can Be Proactive With CBP Enforcement
Recent seizures show that intellectual property rights remain a U.S. Customs and Border Protection priority, and the Intellectual Property Rights Branch recordation program and the Exclusion Order Enforcement Branch's procedures offer holders powerful ways to assist in keeping unauthorized goods out of the U.S. market, say attorneys at Foley & Lardner.
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Terror Funding Suit Could Affect Inherited Jurisdiction In NY
Depending on how New York’s highest court answers two questions certified from the Second Circuit in a case litigating companies’ liability for terrorist attacks, foreign companies with no relevant New York contacts may be subject to suit in state courts by virtue of an asset purchase, say attorneys at Norton Rose.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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What Patent Bills Would Mean For Infringement Litigation
Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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A Look At US Injunctive Relief Trends Amid UPC Chatter
While much remains to be seen regarding how the new EU Unified Patent Court will treat injunctive relief in practice, recent data shows that the U.S. framework may be turning in favor of injunction, despite a perception that it can be nearly impossible to obtain in the U.S., say Nirav Desai, Patrick Murray and Roberta Lam at Sterne Kessler.
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Potential Outcomes After E Visa Processing Update
A recent update to the Foreign Affairs Manual’s E visa provisions may help ease consular backlogs, but a policy change that will require some applicants and their family members to process renewals overseas at different times creates new administrative burdens for practitioners, say Anna Morzy and Elizabeth Przybysz at Greenberg Traurig.