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International Trade
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October 10, 2024
Trade Court OKs Expanded Duties On Chinese Canvas
The U.S. Court of International Trade approved a U.S. Department of Commerce ruling requiring a textiles company to pay antidumping duties on banner canvas, rejecting arguments that the duties only cover canvases that are primed for artistic use.
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October 09, 2024
Caterpillar Settles Wirtgen IP Row After Judge's $19.5M Ruling
Caterpillar and machinery manufacturer Wirtgen have reached a deal to resolve their legal fight after a Delaware court held that Caterpillar owes about $19.5 million in a patent case over road-milling machines.
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October 09, 2024
Trial Will Decide If Section 301 Duties Cover Car Parts
A U.S. Court of International Trade judge has ordered a trial to decide if an automotive company's vehicular sidebar imports are exempt from Section 301 tariffs on Chinese goods, saying she was uncertain of the products' primary use.
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October 09, 2024
Importer Denied Fee Award For Winning Duty Evasion Suit
The U.S. Court of International Trade refused to grant attorney fees to an importer that challenged a now-rescinded duty evasion ruling, ruling that the error did not belong to the agency the importer challenged.
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October 09, 2024
Mozambique Targets Heirs Over 'Tuna Bond' Bribery Award
Mozambique urged a London court on Wednesday to hold the heirs of shipbuilding magnate Iskandar Safa liable for the French-Lebanese billionaire's involvement in a bribery scheme as the country seeks to enforce a $1.9 billion damages award.
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October 09, 2024
Glencore Defendants Get 2027 Trial Date For Bribery Charges
Six former employees of Glencore PLC will stand trial in 2027 on corruption charges over allegations leveled by the Serious Fraud Office that they paid bribes to secure lucrative contracts for the oil giant in West Africa, a London judge said Wednesday.
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October 08, 2024
PetroSaudi Says US Not Entitled To All Of $380M Award
A PetroSaudi unit said it wants a California federal court to make clear that only 5% of funds should go to the Biden administration in a dispute over the proceeds of a nearly $380 million arbitral award allegedly tied to embezzled 1Malaysia Development Berhad funds.
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October 08, 2024
Apple Loses Bid For Jury Trial In Masimo Trade Secrets Fight
A California federal judge on Monday granted Masimo's request for a bench trial to address its trade secrets claims against Apple, noting that bench trials are almost always granted in situations where the plaintiff is seeking only equitable relief, and Apple hasn't convinced the court to deviate from that norm.
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October 08, 2024
ITC Erred With Oil Drilling Tech IP Ruling, Fed. Circ. Told
US Synthetic Corp. on Tuesday urged the Federal Circuit to reverse a U.S. International Trade Commission decision that allows rivals to import a diamond oil drilling tool material the Utah-based company says infringes its intellectual property, arguing the agency wrongly found its drilling technology invention is abstract and patent-ineligible.
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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
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October 08, 2024
Avian Orgs Say FWS Unlawfully Tossed Bid To Import Parrots
Two exotic bird nonprofits told the Eleventh Circuit Tuesday that they should have the chance to make their case for importing two parrot species to the U.S. Fish and Wildlife Service, which the nonprofits say unlawfully refused to even consider the petitions.
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October 08, 2024
Cleveland-Cliffs Gets DOJ Nod For $2.5B Stelco Deal
Steel manufacturer Cleveland-Cliffs Inc. revealed on Tuesday that it had cleared an important regulatory hurdle in regard to its $2.5 billion deal to purchase Canadian steelmaker Stelco Holdings Inc. with the expiration of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
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October 08, 2024
China Pushes Back On Turkish EV Tariffs, Targets EU Brandy
China said Tuesday that it is appealing to the World Trade Organization to halt Turkish tariffs on electric and hybrid vehicles made in the country, and it announced a temporary anti-dumping measure on European Union brandy that follows the bloc's own EV tariffs.
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October 08, 2024
Exporting Chips To China Doesn't Merit 7 Years, 9th Circ. Told
Counsel for a former UCLA electrical engineering professor urged the Ninth Circuit on Tuesday to reduce his seven-year prison sentence for illegally exporting high-powered semiconductor chips to China, saying the conduct did not amount to an evasion of national security controls.
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October 08, 2024
Fed. Circ. Reinstates Duties On Chinese Aluminum Door Parts
The Federal Circuit overturned a U.S. Court of International Trade ruling narrowing the scope of duties on Chinese aluminum extrusions, saying Tuesday that the U.S. Department of Commerce had justifiably included aluminum door thresholds in the tariffs.
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October 08, 2024
Ex-Aide To NYC Mayor Charged With Witness Tampering
Manhattan federal prosecutors on Tuesday charged a former aide to New York City Mayor Eric Adams with witness tampering and destroying evidence, alleging he told five witnesses to lie to FBI agents investigating his boss.
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October 07, 2024
ITC Judge Pushes For Import Ban In Liver Drug Secrets Row
The U.S. International Trade Commission's chief judge is recommending the agency block a Hong Kong-listed drug developer from potentially marketing unapproved treatments for a type of liver disease for the next seven years, a win for another company behind a different unapproved treatment for the same type of liver disease.
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October 07, 2024
Split DC Circ. Says FERC Can Require Power Plant Upgrade
Federal energy regulators were right to require NextEra Energy to upgrade its New Hampshire nuclear power plant's circuit breaker to accommodate a new transmission line being developed by Avangrid Inc., a split D.C. Circuit panel has ruled.
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October 07, 2024
Aircraft Co. Says Insurers Owe $222M For Lost Jets In Russia
An aircraft lessor said its insurers and underwriters are on the hook for more than $222 million in losses stemming from two aircraft that have been stranded in Russia since its invasion of Ukraine, telling a Connecticut state court the total loss of the aircraft warrants coverage.
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October 07, 2024
Sparring With Adams, Feds Shadowbox The Supreme Court
The corruption case against New York City Mayor Eric Adams may be the next front in an ongoing clash between federal prosecutors' desire to police official misconduct and a line of U.S. Supreme Court cases holding that alleged graft does not always amount to a federal crime.
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October 07, 2024
Man Who Faced Espionage Case Gets Probation Over Taxes
A Chinese engineer initially accused of illegally exporting documents on military aircraft to China was given probation and fined for failing to report about $1.4 million in business income by a Texas federal court after the government dropped its export charges.
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October 07, 2024
Judge Doubts Commerce's Use Of Pipe Duties For Auto Parts
The U.S. Court of International Trade ordered the U.S. Department of Commerce to revisit antidumping tariffs on Mexican pipes, seeking further explanation as to why the department believes the duties cover pipes that are processed into car parts.
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October 07, 2024
Willkie Tech Patent Litigation Chair Joins Covington In DC
The former chair of Willkie Farr & Gallagher LLP's tech patent litigation group, who has more than two decades of experience litigating computer hardware and software matters for major corporations, has moved his practice to Covington & Burling LLP's Washington, D.C., office, the firm announced Monday.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Trade Court Won't Revisit Penalty Duty On Indian Flanges
The U.S. Court of International Trade wouldn't reconsider a U.S. Department of Commerce penalty that spiked antidumping tariffs on Indian steel flanges to over 145%, finding the penalty justified in light of issues with an importer's data submission.
Expert Analysis
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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What Cos. Should Note In DOJ's New Whistleblower Pilot
After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.
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A Primer On EU's Updated Human Substance Regulations
The European Union's updated standards regarding quality and safety of substances of human origin meant for human application carry significant implications for companies that work with cells and tissues, and U.S. companies active in the EU market should pay particular attention to the import and export rules, say Geneviève Michaux and Georgios Symeonidis at King & Spalding.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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New Russia Sanctions Law: Bank Compliance Insights
Financial institutions must familiarize themselves with the new reporting obligations imposed by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act, a recent law that authorizes seizures of Russian sovereign assets under U.S. jurisdiction, say attorneys at Seward & Kissel.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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New FARA Letters Offer Insight Into DOJ's Approach
The U.S. Department of Justice's recently released batch of 15 advisory opinions from the Foreign Agents Registration Act Unit provides important guidance on FARA registration triggers and exemptions, underscoring the breadth of FARA's scope, says Tessa Capeloto at Wiley.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.