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International Trade
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October 28, 2024
Pennsylvania Judge Yanks Delaware River Port Approvals
A Pennsylvania federal judge ruled Monday that the U.S. Army Corps of Engineers "arbitrarily and capriciously departed from its own procedures" in authorizing plans for a new port on the Delaware River in Delaware, downriver from Philadelphia, ordering the agency to conduct a closer review of the project.
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October 28, 2024
Pharma Co. Pushes For Tariffs On Foreign Pill Capsules
A South Carolina pharmaceutical company pressed U.S. trade officials to impose antidumping and countervailing duties on pill capsules from four countries, arguing that foreign rivals were using unfair trade practices to squeeze it out of its home market.
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October 28, 2024
Finance Committee Top Int'l Trade Atty Returns To Akin In DC
The chief international trade counsel for the Senate Finance Committee's chair, Oregon Democratic Sen. Ron Wyden, has closed the book on a decade of public service work and rejoined the firm where she started her legal career as a summer associate, Akin Gump Strauss Hauer & Feld LLP announced Monday.
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October 28, 2024
Trade Court Lets Feds Stand By Duties On Russian Pipes
The U.S. Court of International Trade upheld steep remedial duties on Russian pipes, saying the U.S. International Trade Commission sufficiently explained its conclusion that Russia exports a large enough amount of seamless pipes to injure the domestic industry.
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October 25, 2024
9th Circ. Backs 7-Year Sentence Over Chip Exports To China
The Ninth Circuit on Friday upheld the seven-year prison sentence imposed on a former University of California, Los Angeles, electrical engineering professor convicted of illegally exporting high-powered semiconductor chips to China, saying the district court did not err in holding that the conduct amounted to an evasion of national security controls.
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October 25, 2024
Trina Solar Seeks Import Ban On Solar Cells That Infringe IP
Trina Solar Co. Ltd. has advanced its campaign to ban competitors' solar products from the U.S., calling on the U.S. International Trade Commission to prohibit the import of Canadian Solar Inc. products that purportedly infringe its intellectual property.
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October 25, 2024
Biden Admin Puts Up $4B For Clean Energy, Grid Projects
The Biden administration on Friday said it's handing out approximately $4 billion in combined grants and loans for clean energy purchases and grid upgrades for a slew of states, tribes and electricity co-operatives.
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October 25, 2024
Masimo Infringed 2 Apple Watch Patents, Jury Finds
Healthcare tech company Masimo Corp. was found to have infringed two of Apple Inc.'s patents Friday at the close of a five-day U.S. District Court jury trial in Delaware that put more future tech prospects than current cash on the line.
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October 25, 2024
Adams Rips Feds, Calling Explanation For Leaks 'Far-Fetched'
Attorneys for New York City Mayor Eric Adams on Friday renewed their claims that the prosecutors handling his bribery and corruption case leaked secret grand jury information to the press, arguing that the alternative explanation that either Adams or his co-defendants made the leaks was a "far-fetched claim."
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October 24, 2024
Seneca Foods Must Pay Steel Duties On Tin Imports
The country's largest vegetable canner must pay Section 232 tariffs to import tin, after the U.S. Court of International Trade ruled that the U.S. Department of Commerce justified its belief that the company could source the steel domestically.
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October 24, 2024
Sen. Presses US Trade Rep To Take Up Fentanyl Probe
A Democratic senator from Wisconsin asked the U.S. trade representative on Wednesday to take up a petition urging it to investigate the People's Republic of China's alleged vast illicit fentanyl exports to the United States that have resulted in hundreds of thousands of deaths.
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October 24, 2024
DOJ Reaches $102M Deal In Baltimore Bridge Collapse Suit
The owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March has agreed to pay $102 million to settle the U.S. Department of Justice's civil lawsuit alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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October 24, 2024
DC Circ. Ruling Endangers Distressed Texas Area, Port Says
The owner of the Port of Brownsville in Texas is urging the D.C. Circuit to consider the devastating impacts a panel's decision to vacate Federal Energy Regulatory Commission reauthorization orders for two major liquefied natural gas projects threatens to impose on the region.
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October 24, 2024
Biden Issues Guidelines For National Security Uses Of AI
President Joe Biden issued a memo Thursday on the development and use of artificial intelligence for national security, directing actions such as shoring up the security of computer chip supply chains and ensuring AI is not used to commit human rights violations.
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October 24, 2024
ITC Bans Foreign Counterfeit Tourniquets
The U.S. International Trade Commission banned foreign counterfeits of a tourniquet used by the U.S. military, finding that a broad exclusion order was necessary to protect the domestic manufacturers' intellectual property.
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October 24, 2024
Feds Want Leniency For Key Witness At Bankman-Fried Trial
Prosecutors asked a Manhattan federal judge for leniency when sentencing a former FTX executive who they said provided "substantial" assistance and testimony in the successful prosecution of the bankrupt cryptocurrency exchange's founder Sam Bankman-Fried.
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October 24, 2024
Huawei Trade Secrets Trial Pushed Back To 2026
A Washington federal judge on Thursday approved a request from Huawei and the government to delay a trial until October 2026 in a case alleging the company stole T-Mobile's trade secrets.
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October 24, 2024
Mining Eligible In Final Regs For Energy Manufacturing Credit
The U.S. Treasury Department's final rules released Thursday on a valuable tax credit for manufacturing key components and materials used in clean energy technologies allow producers to take into account the costs to mine and extract critical minerals.
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October 23, 2024
Feds, Huawei Ask To Delay 'Complex' Trade Secret Theft Trial
Washington federal prosecutors and Huawei have both asked to delay until 2026 a trial in a case accusing the company of stealing T-Mobile's trade secrets, noting the complexity of the case and difficulties the attorneys for the Chinese chipmaker have had communicating with witnesses.
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October 23, 2024
Fed. Circ. Backs Customs Duties On Importer's Steel Tubing
An importer couldn't convince the Federal Circuit that steel tubing that includes insulating materials could be imported as duty-free insulating conduits, with the panel saying Wednesday the materials aren't enough for the product to be insulating.
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October 23, 2024
Venezuelan TV Mogul Charged In $1.2B PDVSA Bribe Scheme
A Florida federal grand jury returned an indictment Wednesday charging a Venezuelan television news network owner with participating in a $1.2 billion scheme to launder funds from Venezuela's state-owned energy company Petróleos de Venezuela SA in exchange for bribes to Venezuelan officials.
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October 23, 2024
Feds Say Conn. Oil Trader's Ailing Brother Deserves Prison Time
A Connecticut businessman who worked with his brother and others to run an oil industry bribery scheme in Brazil should go to prison despite his bladder cancer diagnosis, the government said, arguing incarceration is necessary "to reflect the seriousness of the offense, and to afford adequate deterrence."
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October 23, 2024
Navarro Seeks Justices' Review Of Presidential Records Ruling
Former Trump administration adviser Peter Navarro has asked the U.S. Supreme Court to review a circuit court's ruling that the federal government can use the Presidential Records Act to force Navarro to hand over emails from his tenure at the White House.
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October 23, 2024
Court Doubts Tax Program Is A Subsidy, Remands Steel Duty
The U.S. Court of International Trade remanded a countervailing tariff on Turkish steel rebar for the U.S. Department of Commerce to explain why it treated a broadly available tax exemption as a subsidy conferring an unfair trade advantage.
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October 22, 2024
Zekelman Suit Says Mexico Steel Harming US Industry
Steel pipe and tube maker Zekelman Industries Inc. told a D.C. federal judge that Mexico has dumped subsidized steel products into the U.S. and "devastated" a critical domestic industry in violation of a trade agreement that allowed the country to avoid tariffs former President Donald Trump imposed.
Expert Analysis
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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DC Circ. Int'l Arb. Ruling Leaves Award Holders In Legal Limbo
In NextEra v. Spain, the D.C. Circuit recently ruled that district courts could enforce arbitral awards in energy investors' decadelong dispute with Spain, suggesting award holders could succeed in U.S. courts, but also that foreign sovereigns could render any such victories economically meaningless, says Jeff Newton at Omni Bridgeway.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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How DOJ May Change FARA Exemption In Forthcoming Rule
Any day now, the U.S. Department of Justice is expected to issue proposed revisions to the Foreign Agents Registration Act regulations, and signs suggest that it will likely narrow one of FARA's broadest exemptions, which may compound public confusion about the law's requirements, says Murad Hussain at Arnold & Porter.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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UK Judgment Could Change Anti-Money Laundering Regimes
After the Court of Appeal of England and Wales' determination that criminal property remains criminal property in the hands of its purchaser even if purchased at market value, many businesses could face a new or heightened risk of prosecution for criminality in their supply chains and related money laundering offenses, say lawyers at Macfarlanes.