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International Trade
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September 04, 2024
Customs Suspects Biz Of Skipping Duties On Chinese Imports
U.S. Customs and Border Protection has instructed a chemical company to pay duties on Chinese-origin glycine imported from Malaysia, saying it had reason to believe the company was importing the amino acid through Malaysia to avoid paying tariffs on Chinese-origin glycine.
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September 04, 2024
2 Media Workers Indicted In Russian Influence Probe
Two employees of Russian state-controlled media channel RT were indicted by federal prosecutors on charges of engaging in a $10 million scheme to distribute Kremlin propaganda to U.S. audiences, part of a series of actions announced by the Biden administration Wednesday to crack down on Russian misinformation ahead of the November election.
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September 04, 2024
Brazilian Oil Bribery Case Jury Warned Of 'Liar' Witness
Attorneys for a Connecticut trader accused of bribing Brazilian oil officials urged a jury on Wednesday not to trust an alleged co-conspirator scheduled to testify for the government, calling that man a "skilled and adept liar" who would "substantially assist" prosecutors in possible return for a favorable family immigration decision.
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September 04, 2024
US Steel, Nippon Defend Deal After VP Harris Voices Concern
U.S. Steel and Nippon Steel on Wednesday reiterated the value they see in their planned $14.9 billion merger, despite opposition voiced by Vice President Kamala Harris, President Joe Biden and former President Donald Trump.
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September 03, 2024
DOJ Charges Senior Hamas Leaders Over Oct. 7 Attacks
The U.S. Department of Justice on Tuesday announced criminal charges against six senior Hamas leaders the agency said had "central roles" in planning, supporting and perpetrating the Oct. 7 Hamas attack in Israel.
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September 03, 2024
Army Corps Gets 150K Comments Against Enbridge Pipeline
Environmental, health and faith groups have joined the Bad River Band of the Lake Superior Tribe of Chippewa Indians in submitting about 150,000 comments to the U.S. Army Corps of Engineers opposing Enbridge Inc.'s plans to reroute its controversial Line 5 pipeline.
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September 03, 2024
Feds Abandon $12M Somali Fraud Case Against Atty
The U.S. government has dropped its Maryland federal court case against a lawyer who was set for trial this year on charges of misappropriating over $12 million in Somali state assets, citing "pre-trial evidentiary rulings."
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September 03, 2024
Nigeria To Take Sovereign Immunity Ruling To US Justices
Nigeria intends to ask the U.S. Supreme Court to review a D.C. Circuit decision nixing its sovereign immunity defense in litigation to enforce a $65 million arbitral award against it, arguing that the appellate opinion extends a circuit split on treaty interpretation.
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September 03, 2024
ITC Clears Amazon In Video Processing Patent Case
The U.S. International Trade Commission has voted to reject infringement claims against Amazon over patents in the field of video processing, affirming a judge's initial finding with some modest adjustments.
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September 03, 2024
Fed. Circ. Has Questions About Data On Solar Duty Review
The Federal Circuit struggled Tuesday morning to piece together the facts in an appeal from the U.S. Court of International Trade over anti-dumping duties on Chinese solar cells, with a judge at one point declaring that "neither side, it seems to me, has provided a coherent explanation."
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September 03, 2024
2nd Circ. Backs Toss Of Ericsson Investors' ISIS Bribes Suit
The Second Circuit on Tuesday upheld a New York federal judge's decision to toss an investor class action against telecom giant Ericsson and several members of its top brass over claims that they hid knowledge of possible bribes to the Islamic State from U.S. investors and committed other violations of federal securities laws.
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September 03, 2024
Maduro's Private Jet Seized In Fla. Over Sanctions Violation
Federal officials have seized a private jet used by Venezuelan President Nicolás Maduro and his affiliates, alleging that it was purchased illegally using a shell company and smuggled out of Florida in violation of sanctions and export control laws, according to the U.S. Department of Justice.
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September 03, 2024
5th Circ. Hesitant To Call Tornado Cash 'Entity'
A Fifth Circuit panel prodded the U.S. Department of the Treasury's argument that Tornado Cash counts as a corporation-like organization, telling the agency that its reasoning for calling the sanctioned crypto mixer an entity was "slippery" during oral arguments Tuesday.
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September 03, 2024
Fed. Circ. Panel Questions CIT Ruling On Cookware Duty
A Federal Circuit panel expressed skepticism of a U.S. Court of International Trade decision last year to deny first-sale treatment for a California cookware distributor's Chinese imports, saying the key step in determining the level of duties seemed to be largely based on the absence of certain evidence the government didn't even subpoena to obtain.
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September 03, 2024
Manhattan DA's Art Seizure Unit Hit With New Calif. Challenge
A private art collector has filed a California federal lawsuit fighting the Manhattan district attorney's investigation into his ancient Roman statue, joining a small but growing number of legal challenges to the New York prosecution unit that seizes and returns allegedly stolen antiquities.
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September 03, 2024
FCC Bans Kaspersky Software In Authorized Equipment
The Federal Communications Commission is banning the use of certain Russian-made cybersecurity and antivirus software from Kaspersky Labs in agency-authorized telecommunications equipment, months after the U.S. Department of Commerce said the software could pose national security risks.
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September 03, 2024
Trustee, Trader Culled From Jury In $1M Brazilian Bribery Trial
A bankruptcy trustee and a commodities trader were among the potential jurors weeded out Tuesday ahead of Wednesday's opening statements in the criminal trial of a Connecticut oil trader accused of bribing officials with Brazil's state-owned oil giant Petróleo Brasileiro SA and its U.S. subsidiaries.
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September 03, 2024
Former Aide To NY Gov. Indicted On Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and ex-Gov. Andrew Cuomo was arrested Tuesday on allegations of secretly acting as an agent of China's government in a yearslong political conspiracy to promote the interests of the Chinese Communist Party and reap millions of dollars.
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September 03, 2024
Feds Float 650% Antidumping Duty On Chinese Paper Plates
The U.S. Department of Commerce previewed antidumping tariffs exceeding 650% on paper plates from nearly two dozen Chinese companies that refused to cooperate with U.S. officials investigating claims that the products are being dumped in the U.S.
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August 30, 2024
Don't Halt Smelter Pollution Suit For Appeal, 8th Circ. Told
Hundreds of Peruvian citizens urged the Eighth Circuit on Thursday not to pause a 17-year-old pollution case for a high court appeal requested by the billionaire owner of a smelter, arguing that the justices were unlikely to overturn rulings allowing the case to proceed.
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August 30, 2024
Keystone Tribunal Says US Didn't Agree To Extend NAFTA Terms
The tribunal that nixed TC Energy's $15 billion claim against the United States over the Keystone pipeline's cancellation found there was no proof the United States had wanted to extend North American Free Trade Agreement protections beyond its replacement date, according to the now-public award.
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August 30, 2024
US Seeks Trade Talks In Dispute Over Canada's Digital Tax
The Office of the U.S. Trade Representative announced Friday that it has requested dispute settlement discussions with Canada regarding the country's recently enacted digital services tax, which the USTR claims discriminates against U.S. companies.
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August 30, 2024
Gov't Contracts Of The Month: Base Networks, Nuclear Power
In August, the U.S. Air Force named the 23 companies that will carry out its $12.5 billion network modernization effort, while a domestic nuclear company agreed to help build the first small modular reactor nuclear power plant in Africa. These are Law360's most noteworthy government contracts for August 2024.
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August 30, 2024
RTX Reaches $200M Deal Over Export Control Violations
RTX Corp. has reached a $200 million settlement with the U.S. Department of State to resolve violations of export control rules, including sending controlled defense items and data to China, the agency announced Friday.
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August 29, 2024
Starbucks Overpromised On 'Reinvention' Plan, Investor Says
Coffee chain Starbucks faces a proposed investor class action alleging it misled the markets about prospects for its so-called Triple Shot Reinvention strategy, hurting investors after trading prices for its shares slid when it announced disappointing quarterly results in April 2024.
Expert Analysis
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Contractual Drafting Takeaways From Force Majeure Ruling
Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.