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International Trade
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August 28, 2024
Russia Seeks Pause On $5B Naftogaz Award Suit
Russia thinks that the D.C. federal court overseeing a bid by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award over the seizure of its Crimean assets ought to pause the matter while proceedings in the Netherlands play out.
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August 28, 2024
No Money For Air Gun Co. Investors, NC Biz Court Told
The court-appointed overseer of an air gun business has asked the North Carolina Business Court to overrule an attempt by two minority owners of a parent company of the business to get paid as the air gun company is dismantled, with the overseer arguing that the owners' payout isn't a priority as a dearth of funds is drained.
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August 28, 2024
Disney's $8.5B India Media Merger Gets Regulatory Nod
India's competition watchdog said in a statement Wednesday it has conditionally approved the proposed $8.5 billion merger between Disney India's media business and Reliance Industries, after the merging entities reportedly overcame regulatory concerns about their grip on broadcast rights to cricket.
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August 28, 2024
Attys Duel Over Fees After $12.8M Deal In Chiquita MDL
Attorneys for different sets of plaintiffs in long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitary groups are facing off over attorney fees after a settlement in the case.
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August 28, 2024
Judge Adds $2.4M To $2M IP Verdict Against Mining Co.
A Texas federal judge ordered a Norwegian mining company to pay $2.4 million, on top of a $2 million jury verdict, covering oil drilling device sales made after they were found to infringe a rival's intellectual property.
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August 27, 2024
Miss. Seafood Co. Pleads Guilty To 'Fish Substitution' Scheme
The largest seafood wholesaler in the Mississippi Gulf Coast and two of its managers pled guilty Tuesday to scheming with others to market and sell cheap frozen fish imports as premium and locally sourced, federal prosecutors in Mississippi announced.
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August 27, 2024
Philip Morris' Vape Brand Loses ITC Decision In Juul Fight
The operator of the Philip Morris brand said Tuesday that it disagrees with a ruling from a U.S. International Trade Commission judge who found that the company's vape brand infringes patents owned by rival Juul.
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August 27, 2024
ITC To Look Into Infineon's Patent Claims Against Innoscience
The U.S. International Trade Commission launched an investigation Tuesday into certain semiconductor devices and products that use gallium nitride technology after semiconductor manufacturer Infineon Technologies accused China-based chipmaker Innoscience of infringing several patents.
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August 27, 2024
Fed. Circ. Won't Speed Up Apple Watch Ban Appeal
The Federal Circuit on Tuesday denied Apple Inc.'s request to expedite oral arguments in its appeal challenging the U.S. International Trade Commission's decision banning the tech giant from selling Apple Watches with a "blood oxygen" feature in the Masimo patent case.
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August 27, 2024
No Coverage For Tire Co.'s Unpaid Invoices, Judge Rules
A tire manufacturer cannot get insurance coverage for millions in unpaid invoices it is owed, a Florida federal court has ruled, finding that the manufacturer made a material misrepresentation in its insurance application concerning the creditworthiness of one of its largest customers.
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August 27, 2024
NY Fines Nordea Bank $35M In Panama Papers-Linked Action
New York's Department of Financial Services announced Tuesday that Nordea Bank Abp will pay $35 million to settle allegations of "significant" anti-money laundering compliance failures, including helping customers set up offshore accounts for tax-sheltered companies tied to the Panama Papers.
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August 27, 2024
Return Of Venezuela Sanctions Reignites Criminal Probes
Criminal investigations into Venezuela-related sanctions violations appear to be ramping back up since the U.S. government reimposed crushing trade penalties on the South American country's oil and gas sectors in response to an allegedly sham presidential election, according to experts.
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August 27, 2024
US Arrests Hungarian Suspected Of Sending Radios To Russia
The U.S. Department of Justice announced criminal charges against a Hungarian national suspected to have run a multinational procurement network designed to help Russia obtain U.S. military-grade communications technology.
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August 26, 2024
Banks' $20M Platinum Traders Antitrust Deal Gets Initial OK
A New York federal judge preliminarily approved Saturday a $20 million deal to resolve a nearly decade-old putative class action alleging Goldman Sachs, German industrial company BASF and two other banks fixed platinum and palladium prices.
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August 26, 2024
Masimo, Apple Fight Over Jury Hearing Trade Secrets Claims
After a California jury deadlocked last year in Masimo's high-stakes intellectual property case against Apple over the way the latter company's watches are programmed to monitor blood oxygen, the medical technology contractor says it wants a bench trial to address its trade secrets claims next time around, but Apple is opposing that move.
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August 26, 2024
Canada Planning 100% Surtax On Chinese EVs, 25% On Steel
Canada plans to implement a 100% surtax on imported Chinese electric vehicles and a 25% surtax on Chinese steel and aluminum as part of a package intended to protect Canadian industry from unfair competition, the country's Department of Finance said Monday.
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August 26, 2024
Feds Advance Probe Into Chinese Shotgun Metal Imports
The U.S. International Trade Commission advanced an investigation into Chinese imports of a metal used to produce shotgun shells, finding reason to believe the imports were preventing domestic businesses from establishing a foothold in the U.S. market.
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August 26, 2024
Energy Cases To Watch In The 2nd Half Of 2024
Even after an action-packed first half of 2024, plenty of high-stakes energy litigation remains, including a new twist in the prolonged battle over climate change lawsuits against fossil fuel companies, as well as cases that could influence federal climate change policy. Here are several cases energy attorneys will be watching in the second half of the year.
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August 23, 2024
Maxell Urges Trade Commission To Bar TCL Smart TV Imports
Maxell Ltd. urged the U.S. International Trade Commission to permanently bar TCL from importing certain smart televisions that Maxell claims infringe several of its patents, saying TCL continues to import allegedly infringing televisions despite being long aware of Maxell's patent portfolio.
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August 23, 2024
Biden White House Unleashes More Sanctions On Russia
The Biden administration issued a wave of sanctions against Russia on Friday — the eve of Ukrainian Independence Day — targeting 400 entities and individuals who are allegedly helping Russia avoid the sanctions imposed in response to its invasion of Ukraine.
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August 23, 2024
Judge Won't Restrict Access To RTX Trade Secrets Trial
Defense contractor RTX Corp. won't be able to bar non-U.S. citizens from a trade secrets trial slated to get underway Tuesday, but exhibits, such as diagrams, will not be made visible to observers in the courtroom, a Massachusetts federal judge ordered.
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August 23, 2024
Western Union Seeks To Toss Most Claims In $8M Breach Suit
Western Union looks to shake off the bulk of a point-of-sales device manufacturer's $8.1 million breach of contract case, telling a Colorado federal court that much of the suit arose from purchase orders to which the financial services company hadn't been party.
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August 22, 2024
Prince Lobel Adds Boston IP Partner From Mintz
The newest member of Prince Lobel Tye LLP's intellectual property team is a former professional soccer player who now channels his competitive energy into patent and trade secrets litigation, joining the firm after 11 years at Mintz Levin Cohn Ferris Glovsky and Popeo PC with a mandate to build up Prince Lobel's trade secrets practice.
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August 22, 2024
Tech Firm Says DOD Was Ad-Hoc With Chinese Military Label
Lidar technology firm Hesai argued Wednesday that the U.S. Department of Defense has not proved Hesai has connections to the Chinese military as the firm strives to get taken off a list denoting them as such.
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August 22, 2024
Consumer Rebuffs Reynolds' Bid To Nix 'Made In The USA' Case
A woman challenging Reynolds Consumers Products LLC's aluminum foil's "Made in the U.S.A." labeling urged a New York federal court against freeing the company from her lawsuit, arguing that she had sufficiently shown how the label could harm consumers.
Expert Analysis
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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5 Takeaways From SAP's Foreign Bribery Resolutions
German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Takeaways From The 2023 DOJ Fraud Section Report
Attorneys at Wiley discuss notable trends from the U.S. Department of Justice's recently reported Fraud Section activity last year and highlight areas of enforcement to watch for in the future, including healthcare fraud and Foreign Corrupt Practices Act violations.
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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New Russia Sanctions Reveal Int'l Enforcement Capabilities
Significant new U.K., U.S. and EU sanctions imposed on Russia notably target Europe-based individuals and entities accused of sanctions evasion, and with an apparent political will to enhance capabilities, the rhetoric is translating into international enforcement activity, say lawyers at Cadwalader.
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Why Oncology Deal Making Continues To Fuel Biotech M&A
The biotech sector's potential for advancements in cancer care continues to attract deal-maker interest, and the keys to successful mergers and acquisitions include the ability to integrate innovative therapies, leverage technological advancements and respond to the dynamic needs of patients, say Bryan Luchs and Mike Weir at White & Case.