International Trade

  • January 13, 2025

    FHWA Ends 'Buy America' Waiver For Manufactured Products

    The Federal Highway Administration on Monday finalized a rule ending a decades-long exception to "Buy America" domestic sourcing requirements for manufactured products used in federally funded highway projects, a change the agency said was intended to boost domestic manufacturing.

  • January 13, 2025

    They Don't Do IP Like That In Europe, Justices Told

    The U.S. manufacturing lobby has told the U.S. Supreme Court that a recent Federal Circuit decision that wiped out patents covering an artificial sweetener used in Coke Zero is inconsistent with patent laws in Europe, China and other Asian countries. 

  • January 13, 2025

    TDK, NHK Face Certified Classes In Price-Fixing MDL

    A California federal judge has certified classes of resellers and end users who allege that electronics manufacturers TDK Corp. and NHK International Corp. fixed prices of certain hard-drive components, rejecting the companies' challenges to the plaintiffs' overcharge damages theories and finding that the claims can be resolved on a classwide basis.

  • January 13, 2025

    Sen. Warren To Grill Treasury Pick On Trump's Tax Agenda

    Sen. Elizabeth Warren, D-Mass., plans to ask Treasury secretary nominee Scott Bessent at his confirmation hearing in front of the Senate Finance Committee on Thursday about President-elect Donald Trump's tax agenda and plans for the Internal Revenue Service, according to a letter she sent the nominee.

  • January 13, 2025

    Army Can Sole-Source $990M 'Critical Support' Deal

    The U.S. Government Accountability Office has rejected a protest over a sole-source $990 million U.S. Army loitering munitions contract, saying the Army properly used temporary authority meant to provide critical support for Ukraine, Taiwan and Israel to award the deal.

  • January 13, 2025

    NY Judge Unmoved By Media Dustups In Mayor's Bribe Case

    Prosecutors and defense counsel should watch what they say to the press, a Manhattan federal judge overseeing New York City Mayor Eric Adams' corruption case warned in an order on Monday, though the judge declined to chastise either side over alleged rule violations.

  • January 13, 2025

    Moroccan Fertilizer Co. Takes US To Task Over Duty Probe

    A Moroccan fertilizer company pushed to undo a 16.6% countervailing duty on its products Monday, alleging that the U.S. Department of Commerce made a litany of errors in determining that Moroccan government subsidies gave the company an unfair advantage in the U.S. market.

  • January 13, 2025

    Natural Gas Exporter Venture Global Gears Up For $2.2B IPO

    Liquefied natural gas producer Venture Global Inc. on Monday launched plans for an estimated $2.2 billion initial public offering, potentially marking the year's first billion-dollar-plus listing, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.

  • January 13, 2025

    Wife Of Ex-Sen. Menendez Can't Delay Bribery Trial

    Nadine Menendez, former U.S. Sen. Bob Menendez's wife, has lost her bid to postpone her Feb. 5 trial on bribery charges, as a Manhattan federal judge rejected her contention that her husband's sentencing on similar charges just a week prior would taint her jury.

  • January 13, 2025

    CFIUS Grants Nippon, US Steel Extension To Abandon Deal

    The government committee that reviewed Nippon Steel's proposed $14.9 billion acquisition of U.S. Steel before President Joe Biden blocked the deal earlier this month has granted an extension until June for the companies to abandon the deal, according to a U.S. Steel securities filing Monday.

  • January 13, 2025

    Supreme Court Turns Away IP Safe Harbor Dispute

    The U.S. Supreme Court on Monday said it won't consider whether the Federal Circuit has overexpanded a safe harbor for drug development, in litigation where Meril Life Sciences escaped allegations that it infringed Edwards Lifesciences' heart valve patents.

  • January 13, 2025

    Justices Snub Roku Patent Feud Over ITC Power

    The U.S. Supreme Court said Monday it will not consider Roku Inc.'s challenge to a ruling that upheld a U.S. International Trade Commission decision blocking the importation of certain streaming products deemed to infringe a Universal Electronics Inc. patent, in a case that targeted the scope of the ITC's authority to issue such orders.

  • January 10, 2025

    Trade Deadline Fight Causes Headaches With Fed. Circ. Panel

    A Federal Circuit panel seemed increasingly frustrated Friday as attorneys for both the U.S. Department of Commerce and a company it says should face adverse inferences for missing filing deadlines talked in circles about when such a significant penalty is proper.

  • January 10, 2025

    Masimo, Apple Fight Over Watch IP In Post-Bench Trial Briefs

    Masimo and Apple have submitted dueling briefs to a California federal judge following a trade secret retrial over health sensing technology in Apple's smartwatches, with Masimo maintaining Apple poached its employees to steal its intellectual property and Apple contending Masimo failed for years to "back up their spurious claims" of misappropriation.

  • January 10, 2025

    Shoals Again Accuses Voltage Of Patent Infringement At ITC

    Tennessee-based Shoals Technologies Group has launched another legal battle at the U.S. International Trade Commission claiming that North Carolina solar provider Voltage LLC infringed its intellectual property relating to solar power installations.

  • January 10, 2025

    Telescope Indirect Buyers Want $10.6M Fees In Antitrust Fight

    Class counsel for a group of indirect purchasers who struck a $32 million settlement with Celestron and other companies in an antitrust case accusing them of conspiring to increase the prices of telescopes asked a California federal judge Thursday to grant $10.67 million in attorney fees and $771,461 in costs.

  • January 10, 2025

    Treasury, IRS Plan Rules For Clean Transportation Fuel Credit

    Treasury and the IRS released guidance Friday for producers of transportation fuel hoping to qualify for the newly available clean fuels production tax credit, saying they plan to release rules clarifying which entities qualify for the credit and how producers can determine allowable emissions levels.

  • January 10, 2025

    US Hits Russia With Extensive Energy-Related Sanctions

    The Biden administration on Friday announced an extensive round of new sanctions, including blocking two major Russian oil producers, with the goal of reducing Russian revenues from energy in the midst of its war on Ukraine, a move that comes as the U.S. has been amping up sanctions on its foreign rival.

  • January 10, 2025

    EU Greenlights $35B Synopsys-Ansys Deal With Remedies

    The European Commission said Friday it has conditionally approved Synopsys Inc.'s proposed $35 billion acquisition of Ansys Inc. after the companies agreed to certain divestitures, as the megadeal continues to make regulatory progress across jurisdictions.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

Expert Analysis

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Cos. Should Inventory Issues To Prep For New Congress

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    As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.

  • Incoming Admin May Shake Up Life Sciences Regulation

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    Though President-elect Donald Trump has not yet articulated policy priorities regarding the life sciences industry, the sector is positioned to see significant changes that could affect everything from drug exclusivity and generic drug approvals, to the availability of over-the-counter drugs, to laboratory-developed tests and digital health, say attorneys at Morgan Lewis.

  • Navigating DOJ's Patchwork Whistleblower Regime

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    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • 5 Areas Congress May Investigate After GOP Election Wins

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    With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.

  • US Intellectual Property-Based Sanctions Could Be Imminent

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    A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.

  • Key Territory-Split Licensing Lessons For Life Sciences Cos.

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    Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.

  • 2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape

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    Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.

  • 9 Considerations Around Proposed Connected Vehicle Ban

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    Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • What Trump's 2nd Presidency Could Mean For Crypto Sector

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    Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Key Legal Considerations After Supply Chain Disruptions

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    After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.

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