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International Trade
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April 21, 2023
Spain Escapes Sanctions In €42M Award Fight
The Kingdom of Spain has escaped a sanctions bid from a green energy investor that claimed the nation requested an anti-suit injunction from a court in Luxembourg and violated a District of Columbia federal judge's orders in a suit over enforcement of an arbitral award.
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April 21, 2023
EU Can Sue Syria Over €130M Debt In England
A judge ruled on Friday that the European Union can pursue Syria in the English courts over €130 million ($143 million) of unpaid debts, finding that the country cannot dodge the lawsuit because it was served by email.
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April 21, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen renowned range cooker brand AGA produce an intellectual property claim against rival oven company UK Innovations, petrol giant Shell get sued by UK oil company Premier Oil, and drinks maker Bundaberg lift the lid on a cargo claim against Arbour Shipping. Here, Law360 looks at these and other new claims in the U.K.
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April 20, 2023
Congress Takes 1st Steps Toward Defying Biden On Trade
The House Ways and Means Committee voted against President Joe Biden's moratorium on new solar product tariffs Thursday, and experts are watching the legislation's progress as a potential indicator of more congressional trade policing to come.
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April 20, 2023
Deutsche Bank Eyes Win In $155M Ponzi Scheme Suit
Deutsche Bank asked a Miami federal court this week to dismiss all claims that it enabled a real estate Ponzi scheme that cost investors $155 million, arguing the agreement it signed with the affected companies clearly limited the bank's responsibility.
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April 20, 2023
Rolling Paper Co. Can't Get Disgorgement In False Ad Case
An Illinois federal judge won't make a hemp-based rolling paper maker disgorge its profits to a rival following a finding that it falsely advertised its papers as being made in Alcoy, Spain, saying the facts of the case don't support disgorgement, only limited attorney fees.
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April 20, 2023
FERC Commish Questions Redo Of LNG Project Approvals
The Federal Energy Regulatory Commission on Thursday reapproved two proposed liquefied natural gas export terminals on the Texas Gulf Coast after the D.C. Circuit ordered revised environmental reviews, but a Democratic commissioner said the agency failed to fix the legal deficiencies flagged by the court.
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April 20, 2023
Engineer Wins Split Tax, Export Trials In DOD Poaching Case
A Texas federal judge granted a request from a Chinese-born engineer for separate trials on charges of export violations and tax fraud, saying the tax allegations aren't sufficiently connected to claims that he improperly took a work laptop with sensitive military information to China.
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April 20, 2023
No Decoupling With China, But Also No Compromise: Yellen
Treasury Secretary Janet Yellen sought to tamp down concerns around the current "tense moment" in U.S.-China relations Thursday, asserting the United States' ability to compete economically with any contender, provided that competition was fair.
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April 20, 2023
Fed. Circ. Upholds Exclusion Order In Corning Patent Fight
The Federal Circuit on Thursday backed a U.S. International Trade Commission decision that fiber optic equipment imported by FS.com Inc. infringed patents owned by Corning Optical Communications LLC.
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April 20, 2023
Agency Missed Evidence In Oil Tube Duties Review, CIT Says
The U.S. Department of Commerce must consider academic material relevant to its calculation of anti-dumping duties on Korean oil tubes that the agency ignored after inadvertently but officially accepting the citations, the U.S. Court of International Trade ruled on Thursday.
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April 19, 2023
Review Of Judge Newman's Fitness Raises Thorny Issues
The Federal Circuit's investigation into whether Judge Pauline Newman's health has left her unfit to serve on the bench faces an uncertain path, experts say, since the process is rarely invoked and presents legal questions that haven't been tested in court.
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April 19, 2023
EU Extends Steel Duties To Turkish Exports
The European Union has extended duties on stainless steel hot-rolled coils from Indonesia to include imports from Turkey after a probe uncovered a Turkish operation put in place to evade a 17.3% levy on certain Indonesian steel products.
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April 19, 2023
Trade Judge Tosses Steel Duty Refund Suit
A U.S. trade court judge has tossed a steel importer's suit against the U.S. government over alleged errors in issuing tariff exemptions, saying the importer had missed the window to protest the errors.
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April 19, 2023
Resolution To Block Solar Duty Reprieve Advances
The House Ways and Means Committee voted Wednesday to advance a resolution that would block the U.S. Department of Commerce from implementing the two-year moratorium on new solar tariffs President Joe Biden ordered last year.
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April 19, 2023
Commerce Pushes Self-Reporting Of Export Control Violations
The U.S. Department of Commerce's Bureau of Industry and Security urged those who contravene export controls to report their own violations, saying a deliberate decision not to self-report Export Administration Regulations violations could land them in hotter water.
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April 19, 2023
Feds Float Security Limits On Export Of Protein Synthesizers
The U.S. Department of Commerce proposed placing export controls on automated peptide synthesizers that it said could be used to quickly produce dangerous toxins, according to a Wednesday filing in the Federal Register.
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April 19, 2023
Global Fragrance Giants Hit With Price-Fixing Suit
Global fragrance manufacturers Givaudan SA, International Flavors & Fragrances Inc., Symrise AG and Firmenich SA have been hit with a putative class action accusing them of conspiring to increase prices and reduce competition of fragrance products sold to U.S. retailers.
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April 19, 2023
Accused Gem Smuggler Charged With Evading Terrorism Sanctions
Federal prosecutors charged a dual Belgian-Lebanese citizen suspected by the U.S. to be a diamond smuggler and Hezbollah financier with conspiring to launder money and evade terrorism-related sanctions through multimillion-dollar diamond deals and contemporary art acquisitions.
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April 19, 2023
Emory University's Ex-Legal Chief Joins Ropes & Gray In DC
Ropes & Gray LLP has boosted its Washington, D.C., shop with Emory University's former senior vice president and general counsel, strengthening the firm's health care and educational institutions practices.
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April 19, 2023
Navarro Again Tries For Executive Privilege In Contempt Case
Former Trump administration trade adviser Peter Navarro has again insisted that a former president can assert executive privilege to block subpoenas as a defense against claims that Navarro was in contempt of Congress when he failed to hand over documents or testify to the U.S. House select committee that investigated the Jan. 6, 2021, insurrection at the U.S. Capitol.
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April 19, 2023
Halkbank Not Immune From Prosecution, Justices Say
The U.S. Supreme Court ruled Wednesday that Turkey's state-owned lender, Halkbank, cannot duck criminal charges alleging that it helped Iran evade American sanctions, rejecting the bank's appeal for immunity but directing the Second Circuit to revisit a portion of the case.
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April 18, 2023
Fla. Man Indicted For Evading Sanctions, Money Laundering
A Florida man has been indicted and arrested for allegedly participating in a three-year scheme flouting U.S. sanctions against a Ukrainian oligarch and two of his companies and providing them with more than $150 million, according to federal prosecutors.
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April 18, 2023
Experts Call To Use Time-Tested Tools In Trade With China
Experts called for resolute action from lawmakers and the White House to counter what they consider malign influence from China on the global economy during a congressional hearing Tuesday, highlighting a passel of existing enforcement tools and historical approaches.
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April 18, 2023
Paul Mitchell Says Animal Testing Allegation Is Speculation
Hair product maker John Paul Mitchell Systems asked a California federal court to drop a proposed class action alleging the company secretly tests its products on animals to access the Chinese market, saying the suit boils down to "rank speculation."
Expert Analysis
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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion
Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.
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Consequences For US Cos. If Russia Gets Official Terror Label
As reports of war crimes mount nearly one year into Russia’s invasion of Ukraine, the U.S. Department of State could give Russia or its mercenary Wagner Group official terrorist designations, exposing any company that indirectly or unintentionally contributes to the war effort to new liability, says Kevin Carroll at Hughes Hubbard.
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What Investment Tensions With China Mean For US Issuers
As geopolitical, trade and investment tensions between the U.S. and China continue, U.S. issuers should review their current exposure to the China market and adjust their risk factor disclosures in upcoming annual reports, say attorneys at Morgan Lewis.
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7 Tips To Increase Your Law Firm's DEI Efforts In 2023
Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.
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Series
Keys To A 9-0 High Court Win: Get Back To Home Base
When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.
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WTO Interim Appeals Award Demonstrates Process's Benefits
The first award from the World Trade Organization interim arbitration arrangement, recently issued in a dispute over Colombian tariffs, shows that members have a viable independent review process that can offer prompt and effective dispute resolution, although some may criticize the award as an example of interpretive activism, says Alan Yanovich at Akin Gump.
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EU Medicine Reboxing Ruling Gives Guidance To Pharma Cos.
The recent landmark decision of the Court of Justice of the EU in Novartis Pharma on repackaging medicines has provided pharma companies with a much-needed framework, with better protections for trademarks and clearer protocols for handling imported products, say Ulf Grundmann and Elisabeth Kohoutek at King & Spalding.
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How Copyright Is Leveraged To Protect NFTs In US And China
Paolo Beconcini and Elisa Li at Squire Patton examine the importance of copyright protection for non-fungible tokens not only in the U.S. but also in China, with a comparative approach that elucidates the challenges and potential solutions.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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5 Gen X Characteristics That Can Boost Legal Leadership
As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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FCPA Enforcement Outlook: Sweeter Carrots, Sharper Sticks
Corporate enforcement of the Foreign Corrupt Practices Act in 2023 will likely remain apace with last year’s rebound from historic lows, continuing to demonstrate broad industry and geographic reach, as well as the U.S. Department of Justice’s evolving approach to incentives and consequences, say attorneys at Debevoise.
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What Energy Claims Against Spain Mean For Investor Rights
A Japanese investor's successful Energy Charter Treaty claim against Spain, which may have influenced the country's departure from the treaty, may be a harbinger for more pro-investor developments to come in investor-state arbitration, says Sohan Dasgupta at Taft Stettinius.
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5 Tips For Adding Value To Legal Clients' Experience In 2023
Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.
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Fed. Circ. Patent Decisions In 2022: An Empirical Review
The Federal Circuit decided far fewer patent cases in 2022 than in previous years, with patentees and patent applicants faring about the same overall as in 2021, though much better in district court appeals and worse in appeals from the Patent Trial and Appeal Board, says Dan Bagatell at Perkins Coie.