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International Trade
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January 10, 2025
Feds Ask 15 Years For Menendez In Case Of 'Historical Rarity'
Prosecutors have asked a Manhattan federal judge to sentence former U.S. Sen. Robert Menendez to at least 15 years in prison after he was convicted of taking bribes from three New Jersey business executives in exchange for political favors.
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January 10, 2025
Construction Exec Cops To Unlawfully Funding NYC Mayor
A Turkish-born construction executive with ties to Eric Adams told a Manhattan federal judge Friday that he funneled unlawful donations to the New York City mayor's campaign, as prosecutors secured a guilty plea in their high-profile political corruption investigation.
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January 10, 2025
Justices Seem Inclined To Uphold TikTok Sale-Or-Ban Law
The U.S. Supreme Court seemed likely Friday to uphold a law requiring TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, despite some justices expressing concern over the law's impact on the free speech rights of Americans who use the wildly popular social media platform.
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January 09, 2025
IP Forecast: OpenAI, Microsoft Look To Toss NYT Case
OpenAI and its backers at Microsoft will try persuading a New York judge to dismiss one of the major copyright suits against them, with arguments that using news stories to train the startup's artificial intelligence model is a "transformative" use. Here's a spotlight on where that case stands — plus all the other major intellectual property matters on deck in the coming week.
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January 09, 2025
Amazon Loses Bad Faith Claims Against Nokia At ITC
A U.S. International Trade Commission judge has shot down Amazon's arguments that Nokia failed to offer reasonable or nondiscriminatory patent license terms, ruling instead that Amazon was infringing a series of Nokia patents related to video technology.
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January 09, 2025
DOD Says Chinese Military Co. Listing For Lidar Firm Is Legit
The U.S. Department of Defense is urging a D.C. federal judge to back its decision to include Shanghai-based lidar manufacturer Hesai Technology Co. Ltd. on a list of "Chinese military companies," a decision the company has called "riddled with sloppy mistakes."
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January 09, 2025
5 Questions Attys Have About Supreme Court's TikTok Case
The U.S. Supreme Court will hear arguments Friday in TikTok's challenge to a law requiring the wildly popular social media platform to be divested from its Chinese parent company over national security concerns or face a nationwide ban, in an unusual First Amendment case attorneys say also raises broad procedural and legal questions.
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January 09, 2025
US Steel And Nippon's Lawsuit Seen As 'Hail Mary' Attempt
President Joe Biden may not have put forth an airtight national security argument for blocking Nippon Steel's planned acquisition of U.S. Steel, but the companies' subsequent lawsuit is still highly unlikely to earn them another chance at making the deal happen, according to legal experts.
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January 09, 2025
Menendez Sentencing Won't Taint Wife's Trial, Gov't Says
New York federal prosecutors are urging a Manhattan federal judge to reject Nadine Menendez's request for a three-month delay in her trial on bribery charges, saying that the sentencing of her husband, former U.S. Sen. Robert Menendez, on similar charges will not taint the jury pool for her trial.
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January 09, 2025
Kirkland Leads Project Liberty's Bid For TikTok As Ban Looms
Kirkland & Ellis-advised Project Liberty announced Thursday that it has offered to acquire TikTok's U.S. assets, just 10 days before the deadline for the social media platform to divest from its Chinese parent or face a nationwide ban.
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January 08, 2025
Canadian Man Gets 40 Months For Russian Export Conspiracy
A Canadian national was sentenced to 40 months in prison Wednesday in New York federal court for his involvement in a scheme to smuggle dual-use electronics components from U.S. manufacturers to sanctioned entities in Russia, some of which were later found in seized Russian weapons in Ukraine.
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January 08, 2025
Quantitative Trader Accused Of Stealing Firm's Source Code
New York federal prosecutors have accused a quantitative trader of stealing the secrets of a billion-dollar company's source code from his former employer to use at his own trading firm, according to an indictment unsealed Wednesday in New York federal court.
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January 08, 2025
NY Fed Beats Puerto Rico Bank's Suit Over Master Account
A New York federal judge on Wednesday tossed without prejudice a Puerto Rico bank's suit that sought to block the closure of its Federal Reserve master account, finding the New York Fed's interpretation of the Federal Reserve Act was correct and that the bank does not have a statutory right to a master account.
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January 08, 2025
Biden Issues New Guidance On Missile Tech Exports
President Joe Biden has issued new missile technology export guidance to allow more flexibility in reviewing transfers of certain military missiles, drones and space launch vehicles typically subject to strict export controls, the White House has announced.
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January 08, 2025
USTR Warns Of Risks Posed By Counterfeit Pharmacies
The Office of the U.S. Trade Representative on Wednesday released its latest list of overseas "notorious markets" selling illicit and counterfeit goods, pointing in particular to a boom in counterfeit online pharmacies selling knock-off medications that pose a risk both to public health and businesses' intellectual property interests.
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January 08, 2025
US Declares Genocide In Sudan, Sanctions Military Leader
The U.S. government has declared genocide in Sudan and sanctioned paramilitary leader Gen. Mohammad Hamdan Dagalo for engaging in war crimes and human rights abuses, according to a statement.
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January 08, 2025
Fed. Circ. Wrestles With China Tariff Authority Limits
Attorneys for both importers and the government faced pointed questions from a Federal Circuit panel Wednesday, as the judges tried to understand the limits of U.S. tariff authority and whether a huge chunk of Trump-era levies on Chinese goods went too far.
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January 08, 2025
Feds Again Deny Leaks In NYC Mayor's Corruption Case
Federal prosecutors again rejected the claim that they had leaked classified information about New York City Mayor Eric Adams' corruption case to the press, telling a judge that they were not the source that allowed the New York Times to identify a grand jury witness and that Adams hadn't shown how he was prejudiced by the disclosure.
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January 07, 2025
Feds Say Adams' Bid For Indictment Info Would Hinder Probe
New York City Mayor Eric Adams is not entitled to more details about the charges in his corruption and bribery case, including the identities of alleged co-conspirators, federal prosecutors told a Manhattan federal court Monday, arguing that such information would prejudice the ongoing investigation and potentially lead to witness tampering.
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January 07, 2025
PTAB Slims Down 2 Samsung Patents In Galaxy Screen Fight
The patent board has decided to ax a swath of claims in two Samsung patents covering ways of arranging pixels that the Korean tech giant is asserting against a major Chinese rival in the business of selling replacement screens for Galaxy-brand cellphones.
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January 07, 2025
Coffee Co. Says Exporter Owes $18M For Missing Shipments
A "green" coffee retailer told a Florida federal judge on Tuesday that it can prove it is owed more than $18 million for prepaid coffee shipments that were never received from a Nicaraguan green coffee bean exporter.
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January 07, 2025
Lawmakers Push To Limit China's Access To US AI Tech
Two congressmen, in anticipation of a new framework being published by the Bureau of Industry and Security, have urged the secretary of commerce to place strict guidelines on high-end artificial intelligence technology the United States exports over fears of China's access to it.
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January 07, 2025
Treasury Dept. Provides Sanctions Relief To Syria
The U.S. has expanded certain authorizations and issued additional sanctions relief for the Syrian people following the collapse of Bashar al-Assad's government in December, with the goal of ensuring that the current U.S. sanctions on Syria don't impede activities to meet basic human needs.
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January 07, 2025
Trump Threatens Denmark With Tariffs In Greenland Feud
President-elect Donald Trump issued a new tariff threat on Tuesday, this time vowing to take action against Denmark if it does not relinquish control of Greenland to the U.S., a proposal he floated at several points during his first term.
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January 07, 2025
Menendez's Wife Fears His Sentencing Would Taint Her Trial
The wife of former Sen. Robert Menendez asked a New York federal judge on Tuesday to delay her trial on bribery charges, scheduled for Feb. 5, to avoid having it commence within one week of the sentencing of her husband and co-defendant.
Expert Analysis
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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What Insurers Need To Know About OFAC's Expanded FAQs
The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.