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International Trade
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December 09, 2024
Nadine Menendez Trial Date Set After Jan. 6 Delay Bid Nixed
The trial of Nadine Menendez on corruption charges is set to start in January, a Manhattan federal judge said Monday, after hearing that a potential defense scheduling conflict over a U.S. Capitol insurrection-related case will likely "evaporate" when Donald Trump takes office.
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December 09, 2024
Anti-China Bias Tainted ADI Trade Secrets Case, 1st Circ. Told
A former Analog Devices Inc. microchip engineer convicted of pilfering valuable design schematics to launch a competing business has told the First Circuit the government singled him out for prosecution due to his Chinese ethnicity and investigators' hopes he would turn out to be a foreign spy.
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December 09, 2024
Menendez Verdict Wasn't Tainted By Evidence Error, Feds Say
Prosecutors told a Manhattan federal judge that evidence that was mistakenly loaded onto a laptop given to the jury that convicted former Sen. Bob Menendez, D-N.J., of bribery charges most likely wasn't seen by the jurors and didn't impact their verdict in a way that would merit a new trial.
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December 06, 2024
DC Circ. Ruling Far From Last Word On Looming TikTok Ban
The D.C. Circuit's decision Friday paving the way for a U.S. ban on TikTok to take effect next month sparked immediate concerns about the loss of a social platform that millions rely on to freely express themselves, but a likely appeal and upcoming administration change could end up flipping the script.
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December 06, 2024
Chinese Magnet Co. CEO Latest Charged In DOD Supply Scam
Federal prosecutors on Friday unsealed the latest indictment in an allegedly sprawling conspiracy involving Quadrant Magnetics LLC and its employees, charging Quadrant's CEO with conspiring to export sensitive U.S. defense data to China while illegally selling U.S. defense companies Chinese-made Quadrant magnets.
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December 06, 2024
Canada's Chinese Import Surtaxes Expected To Raise $334M
Canada's new surtaxes on Chinese electric vehicles and steel and aluminum products are estimated to generate CA$473 million ($334 million) over the next five years, though the EV surtax on its own is likely to cause a dip in revenue, a government analysis said.
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December 06, 2024
EU Finalizes Deal With South American Trade Bloc
After 25 years of negotiations, and five years after a deal was initially struck, the European Union finalized a sweeping trade accord with the South American trading bloc Mercosur Friday, but is likely to face stiff headwinds from European farmers.
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December 06, 2024
DC Circ. Won't Revisit Retroactive FARA Registration
The D.C. Circuit rejected a bid asking the en banc court to reconsider a panel ruling that bars the federal government from suing to compel former foreign agents to retroactively register their onetime foreign influence.
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December 06, 2024
DC Circ. Upholds TikTok Sale-Or-Ban Law
A D.C. Circuit panel on Friday upheld a federal law giving TikTok until January to cut ties with its Chinese parent company or face a ban in the U.S., ruling that the statute survives constitutional scrutiny.
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December 05, 2024
Judge Newman Brings Fight To End Her Suspension To DC Circ.
U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge violates the U.S. Constitution.
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December 05, 2024
Chinese Bank Faces New Suit Alleging Reinsurance Fraud
Another group of insurers has accused one of China's largest banks of participating in a "multi-billion-dollar fraud" in the reinsurance market, telling a New York federal court Thursday that the bank, including its New York branch, has refused to honor over $890 million worth of letters of credit.
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December 05, 2024
Judge Won't Toss German Tesla Supplier From Mich. Suit
A German Tesla supplier must stay in a breach of contract lawsuit brought by an electronics manufacturer, a Michigan federal judge has ruled, finding the foreign entity was sufficiently intertwined with its North American affiliates to give the court jurisdiction.
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December 05, 2024
US Trade Gap Fell By $10B In Oct. As Imports And Exports Dipped
The United States' trade deficit for goods and services trade dropped $10 billion from September to October, with imports decreasing more than exports, according to a Bureau of Economic Analysis report released Thursday.
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December 05, 2024
Fed. Circ. Unlikely To Help Realtek Pursue ITC Sanctions
A Federal Circuit panel seemed baffled Thursday as a K&L Gates attorney argued that the U.S. International Trade Commission wrongly stopped his client from pursuing sanctions, with the panel repeatedly noting that the semiconductor company wasn't even a party in the import dispute.
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December 05, 2024
McKinsey Unit To Pay $123M Over South Africa Bribe Scheme
The African unit of consulting giant McKinsey & Co. will pay about $123 million to resolve a U.S. Department of Justice investigation into an alleged scheme to bribe South African government officials for contracts with state-owned companies.
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December 05, 2024
Holland & Knight Gets In On Trade Laterals With Export Expert
Holland & Knight LLP announced Wednesday it was bringing aboard a new international trade partner at its Tysons Corner, Virginina, office, part of a recent flurry of hiring in the practice area as firms seek out expertise on export controls and other trade issues in the weeks following the 2024 presidential election.
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December 04, 2024
Fla. Ex-Rep Sues Associate Connected To Foreign Agent Case
A former Florida congressman has sued an associate in Miami-Dade County over a breach of contract, alleging that he disclosed a confidential legal memorandum to law enforcement officials and others in connection to a federal indictment charging the ex-lawmaker with unlawfully lobbying on behalf of Venezuela.
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December 04, 2024
$486M Djibouti Award Fight Settled In DC
A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.
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December 04, 2024
Starbucks Brass Face Derivative Suit Over 'Reinvention' Flop
Officers and directors of coffee chain Starbucks are facing shareholder derivative claims over the company's so-called Triple Shot Reinvention strategy after the company disappointed the markets in April with updates about the plan.
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December 04, 2024
US Sanctions Vessels That Aid Iran's Nuclear Program
The U.S. federal government has imposed sanctions on vessels that have played a critical role in transporting tens of millions of barrels of Iranian oil to foreign markets following the country's attack against Israel and its escalating nuclear program, according to a statement.
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December 04, 2024
Siemens Unit Beats Whistleblowing Claim Over Military Data
A Siemens-owned company is off the hook for firing a design engineer after an employment tribunal ruled that his contract wasn't renewed because of performance issues rather than his concerns over the transfer of military data.
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December 04, 2024
Steptoe Vet Will Lead Troutman Pepper's Sanctions, Trade Group
Troutman Pepper Hamilton Sanders LLP has hired a longtime Steptoe LLP lawyer to lead its sanctions and trade controls team in Washington, D.C., as the local lateral market continues responding to the coming change in political control in the nation's capital.
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December 04, 2024
Trump Brings Navarro Back Into White House Trade Fold
President-elect Donald Trump tapped longtime adviser Peter Navarro for a new White House trade post Wednesday, bringing back one of the most influential voices of his tariff-heavy first term months after he was released from prison following a contempt of Congress charge.
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December 04, 2024
UK Busts Multibillion-Dollar Russian Money Laundering Ring
The National Crime Agency said Wednesday that it has dismantled two Russian money laundering networks tied to drugs, ransomware and espionage in an international operation with the United States, France and Ireland.
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December 03, 2024
Equipment Co. Inks $14.5M OFAC Deal Over Iran Sanctions
The U.S. Department of the Treasury's Office of Foreign Assets Control on Tuesday said a German industrial equipment company has inked a $14.5 million settlement to end claims that it violated Iran sanctions by supplying the country with a polypropylene plant, though a majority of the penalties will be suspended if the company meets certain compliance commitments set out by the deal.
Expert Analysis
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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.
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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.