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International Trade
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October 21, 2024
Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo
Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."
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October 21, 2024
Apple Tells Del. Jury It Wants Smartwatch Infringing To Stop
An Apple attorney told a federal jury in Delaware on Monday that the company is willing to accept only a token damage award from Masimo Corp. for the health tech company's infringement of Apple's smartwatch, but wants the alleged copying barred.
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October 21, 2024
OFAC Sanctions Adviser Joins Faegre Drinker's Trade Team
A former sanctions regulations adviser to the U.S. Department of the Treasury's Office of Foreign Assets Control has joined Faegre Drinker Biddle & Reath LLP's customs and international trade team in its Washington, D.C., office as a government and regulatory counsel, the firm has announced.
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October 21, 2024
DC Circ. Unsure Right Law Used To Challenge Alaska LNG Project
Two conservation groups faced a skeptical D.C. Circuit panel on Monday in their challenge to the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska.
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October 21, 2024
Gov't Seeks To End Most Presumptive 'Buy American' Waivers
The White House said Monday the Federal Acquisition Regulatory Council will remove most items from its list of presumptive exemptions to the "Buy American" requirements for federal acquisitions, including crude oil, furthering the Biden administration's efforts to boost domestic manufacturing.
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October 21, 2024
Mike Pence Supports US Steel-Nippon, Calls Critiques 'Bogus'
Former Vice President Mike Pence has come out in support of Nippon Steel's planned $14.9 billion acquisition of U.S. Steel, stating that Nippon will inject essential funding into the ailing Pennsylvania-based steelmaker while helping to fend off China and Russia's growing levels of global steel production.
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October 21, 2024
DJI Challenges DOD's Chinese Military Co. Designation
Drone manufacturer DJI has challenged its listing as a Chinese military company in D.C. federal court, saying the U.S. Department of Defense's designation was supported by "scattershot" reasoning and has harmed the company's finances and reputation.
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October 21, 2024
Ga. Atty Admits To Role In $1.3B Tax Shelter Scheme
A Georgia attorney has pled guilty in federal court related to helping orchestrate a $1.3 billion tax scheme involving fraudulent conservation easements, making him the 12th person convicted over the plot, including another attorney who was handed a 23-year prison sentence.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
US Fights PetroSaudi Bid To Limit $380M Seizure
The U.S. on Friday slammed a PetroSaudi company's request for a California federal court to clarify that officials can only seize 5% of a $380 million award, calling the request an improper attempt at revisiting a 3-year-old court ruling.
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October 18, 2024
Chinese National Admits To Smuggling Semiconductor Tech
A Chinese national has pled guilty in California federal court to illegally exporting U.S. semiconductor technology to a blacklisted Chinese company, according to an announcement from the U.S. Department of Justice.
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October 18, 2024
Crypto Coder Asks 2nd Circ. To Delay Expert Witness Reveal
The founder of cryptocurrency service provider Tornado Cash urged the Second Circuit on Friday to pause a district court judge's order for him to disclose who he might call as an expert witness at an upcoming money laundering and sanctions trial.
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October 18, 2024
Feds Defend Bribery Charge Against NYC Mayor Adams
Federal prosecutors pushed back Friday on New York City Mayor Eric Adams' attempt to erase a bribery charge from his indictment, arguing that while Adams claims his acts were "routine" and allowed under a recent U.S. Supreme Court precedent, a jury could still find his alleged favor trading illegal.
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October 18, 2024
Commerce Dept. Eases Spacecraft Export Controls For Allies
The U.S. Department of Commerce has issued a trio of rules intended to loosen controls on exports of spacecraft technology to U.S. allies, a move the department said was intended to help boost the U.S. commercial space industrial base.
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October 18, 2024
DC Firms Look To Exit Suit Over $120M Iraq Award
Pierson Ferdinand LLP and another boutique firm have urged the D.C. Circuit to let them withdraw as counsel for Iraq as the country looks to overturn an order allowing a construction firm permission to go after Iraqi assets to satisfy a $120 million judgment, saying the country owes some $25,000 in legal fees and has stopped responding to the firms' inquiries on the litigation.
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October 18, 2024
Conn. Brother Wants No Jail Time In Brazilian Oil Scheme
A Connecticut man who pled guilty to laundering money in a Brazilian oil bribery scheme that also ensnared his brother says he should not be sentenced to jail time because he needs cancer treatments and has been "devastated financially."
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October 17, 2024
Mexico Phosphate Case Shines Light On 3rd-Party Funding
A U.S. deep ocean exploration company's announcement last month that most, if not all, of a $37 million award it won against Mexico would go toward satisfying its obligations to its third-party funder has helped to fuel questions about whether such funding arrangements belong in investor-state arbitration.
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October 17, 2024
US Sanctions Chinese Cos. For Work On Russian Drones
The U.S. Department of the Treasury on Thursday imposed fresh sanctions on three entities, including two from China, for helping develop long-range Garpiya attack drones used by Russia in its deadly war against Ukraine.
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October 17, 2024
Treasury Unit Says Booze Maker Violated N. Korea Sanctions
The U.S. Department of the Treasury's Office of Foreign Assets Control said Thursday that it has reached an $860,000 settlement with a Vietnam-based alcoholic beverage company over its alleged role in allowing U.S. financial institutions to process $1.1 million in payments to North Korea, violating sanctions regulations.
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October 17, 2024
NTIA Drops 1st List Of Self-Identified 'Build America' Makers
The National Telecommunications and Information Administration has released the first list of self-identifying manufacturers complying with the Broadband Equity Access and Deployment program's Build America, Buy America waiver.
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October 17, 2024
Justices Urged To Fix 'Novel Misreading' Of IP Safe Harbor
Edwards Lifesciences is asking the U.S. Supreme Court to rein in what's covered under a drug-development safe harbor to avoid patent infringement, saying the Federal Circuit wrongfully expanded it in a "novel misreading" of the law.
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October 17, 2024
Court Cuts CBP's Recap Of 'Comfy' Duty Review From Trial
The U.S. Court of International Trade barred a customs official from explaining how the agency determined that a "Shark Tank"-featured product is a pullover, saying the agency can't disclose that information during a trial, after withholding it during discovery.
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October 17, 2024
FTX Insider Cites 'Limited' Fraud Role In Bid To Avoid Prison
The former head of engineering at FTX asked a Manhattan federal judge to spare him prison time in light of his cooperation with prosecutors and what he said was a relatively "limited" role in the crypto exchange's billion-dollar fraud.
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October 17, 2024
UK Issues Largest Sanction Ever Against Putin 'Shadow Fleet'
The British government announced Thursday that it has sanctioned 18 oil tankers belonging to Russian President Vladimir Putin's "shadow fleet" and four liquefied natural gas tankers, the largest package of restrictions against Russia since the war in Ukraine began.
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October 16, 2024
TD Bank's $3B AML Deal Sparks Scrutiny Of Its Oversight
The long-standing, widespread compliance failures at the root of TD Bank's blockbuster $3 billion U.S. anti-money laundering settlement last week have stunned experts and brought tough punishment for the Canadian bank — but they're also raising questions about why regulators didn't act sooner.
Expert Analysis
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions from the U.S. Government Accountability Office, offering distinct reminders for contractors challenging solicitations while an agency takes corrective action, pursuing post-award bid protests and filing timely cost reimbursement requests.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Increased Scrutiny Raises Int'l Real Estate Transaction Risks
Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.
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Trending At The PTAB: Obviousness In Director Reviews
Three July decisions from the U.S. Patent and Trademark Office favoring petitioners indicate a willingness by the director to review substantive issues, such as obviousness, particularly in cases where the director believes the Patent Trial and Appeal Board provided incorrect or inadequate rationale to support its decisions, say attorneys at Finnegan.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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Navigating The Uncertain Landscape Of Solar Tariffs
Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Fed. Circ. Resolves Post-AIA Question On Prefiling Activity
For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.
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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.