International Trade

  • October 01, 2024

    Treasury Plans Final Direct Pay Partnership Regs By Year-End

    The U.S. Treasury Department is eyeing the end of the year to finalize regulations for development projects to elect out of their partnership tax status to qualify for a direct cash payment of their clean energy tax credits, an official said Tuesday.

  • October 01, 2024

    Feds Float Duties On Chinese Foam-Making Chemical

    The U.S. Department of Commerce proposed countervailing duties against the Chinese makers of a chemical used to make polyurethane foam, after determining that the producers likely received government assistance that conferred an unfair advantage in the U.S.

  • October 01, 2024

    When The Client Is The Mayor, The Usual Rules Don't Apply

    Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.

  • October 01, 2024

    Adams Says Feds Sought To 'Tarnish' Him With Leaks

    New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.

  • September 30, 2024

    DC Circ. NextEra Decision Leaves Door Open For Further Args

    The D.C. Circuit effectively kicked the can down the road in August when it nixed Spain's jurisdictional objections in litigation to enforce some $395 million in arbitral awards while declining to issue a merits decision, setting up an enforcement battle that could turn on the underlying arbitration regime.

  • September 30, 2024

    Commerce Dept. Seeks To Streamline AI Development Exports

    The U.S. Department of Commerce issued a final rule Monday to streamline the export of items to preapproved data centers in foreign countries, which is intended to help boost the development of artificial intelligence.

  • September 30, 2024

    Resin Co. Seeks Probe Into 4 Countries' Hexamine Exports

    A resin-maker called on the U.S. Department of Commerce on Monday to investigate four countries' exports of a compound used to make explosives, saying foreign producers are selling their products in the U.S. at unfairly low prices.

  • September 30, 2024

    DC Circ. Urged To Revisit Retroactive FARA Registration

    The U.S. Department of Justice is pressing the D.C. Circuit to reconsider a ruling that barred the federal government from suing to compel former foreign agents to register their onetime foreign influence efforts, arguing that the precedent behind the ruling wrongly hamstrings the DOJ's ability to enforce the Foreign Agents Registration Act.

  • September 30, 2024

    Feds Seek Prison In Tax Case Linked To 'China Initiative'

    Prosecutors have asked a Texas federal judge for an 18- to 24-month prison sentence for a Chinese-born engineer who pled guilty to tax crimes after being charged with export violations and fraud in a case the defense claims began as an espionage investigation under the U.S. Department of Justice's now-disbanded "China Initiative."

  • September 30, 2024

    Chevron-Hess 2nd Oil Merger To Get FTC OK With CEO Ban

    A divided Federal Trade Commission signed off Monday on a deal allowing Chevron to buy Hess, permitting the $53 billion megamerger on the condition that Hess CEO John B. Hess be banned from Chevron's board, in the second such CEO-banning deal the FTC has inked in the last year.

  • September 30, 2024

    Adams Asks To Toss Bribery Charge, Citing Top Court Ruling

    New York City Mayor Eric Adams moved swiftly to dismiss the bribery charge from his federal indictment on Monday, arguing that evidence of Turkish officials' gifts to curry favor with him fails to meet a high legal standard laid out by the U.S. Supreme Court.

  • September 27, 2024

    Corporate Raider Accused Of Shirking $180M SEC Judgment

    Corporate takeover specialist Paul A. Bilzerian, accused of ducking a more than $180 million judgment owed to the U.S. Securities and Exchange Commission for decades, was indicted alongside his longtime accountant and his cannabis company on Thursday, California federal prosecutors said Friday.

  • September 27, 2024

    CFTC Fines Olam Group $3.25M Over Cotton Sales Reports

    The Commodity Futures Trading Commission on Friday fined Singapore-based integrated supply chain manager Olam Group Ltd. $3.25 million for allegedly submitting false, misleading or inaccurate reports to the CFTC and the U.S. Department of Agriculture about its sale of U.S. cotton worth more than $190 million.

  • September 27, 2024

    CFTC Accuses Firms Of $3.6M Retail Forex Fraud

    The Commodity Futures Trading Commission on Friday targeted a commodity trading platform the regulator alleged was behind a scheme that scammed $3.6 million from Asian American customers who thought they were investing in retail foreign exchange and commodity futures contracts.

  • September 27, 2024

    Feds Subpoena NYC Mayor's Top Aide, DA Seizes Phone

    A senior aide and confidante of New York City Mayor Eric Adams had her phone and records seized by state prosecutors and was separately subpoenaed by federal agents on Friday, the same day Adams was arraigned on federal corruption charges.

  • September 27, 2024

    Shipping Cos. Say Union Won't Bargain As Strike Looms

    A group representing shipping industry employers along the East and Gulf coasts claimed the International Longshoremen's Association violated federal labor law by refusing to negotiate for a new contract, as the union representing thousands of dockworkers gears up for a strike that could begin Oct. 1.

  • September 27, 2024

    OFSI Issues 1st Fine For Breach Of Ukraine-Tied Sanctions

    Britain's sanctions' enforcer has slapped a fine on a concierge company, marking the watchdog's first financial penalty for an alleged breach of the far-reaching financial restrictions imposed following Russia's invasion of Ukraine. 

  • September 27, 2024

    Adams Pleads Not Guilty As Atty Mocks Charges

    New York City Mayor Eric Adams pled not guilty to federal corruption charges Friday in a packed courtroom in Lower Manhattan, with his attorney deriding the indictment outside the courthouse as not "a real case" and vowing to file a motion to dismiss.

  • September 26, 2024

    Nestlé Customers Win Class Cert. In Child Labor Labeling Suit

    A California federal judge on Thursday granted class certification in litigation alleging Nestle USA misleads the public with "sustainably sourced" chocolate labels when its cocoa is produced through child labor and deforestation, rejecting the company's contention that classes can't be lumped together for different labels on different products.

  • September 26, 2024

    FinCEN Withdraws Plan To Bar Now-Defunct Latvian Bank

    The U.S. Treasury Department's financial crimes unit indicated Thursday that it intends to withdraw its previous finding flagging Latvian bank ABLV Bank AS for money laundering concerns, in light of its "advanced stage of liquidation" and improvements to Latvia's financial regulatory regime.

  • September 26, 2024

    Feds Send Message To Adams' City Hall: Buckle Up

    The seizure of another of New York City Mayor Eric Adams' phones ahead of his corruption indictment Thursday and a prosecutor's cryptic vow to "hold more people accountable" suggest the landmark case may only just be getting started, experts say.

  • September 26, 2024

    Air Force Urged To Cut Back On Using Chinese Suppliers

    Republican lawmakers have asked the U.S. Air Force to cut back on using suppliers from China for "critical weapons platforms," arguing that using Chinese suppliers poses a serious national security risk and empowers China to defeat the U.S. without the need for armed conflict.

  • September 26, 2024

    Steel Cos. Urge Feds To Probe Thai Pipes For Duty Evasion

    Domestic steel companies and a labor union urged the U.S. Department of Commerce to investigate oil and gas pipe imports, alleging that foreign importers are skirting antidumping and countervailing duties on Chinese steel pipes by shipping them through Thailand.

  • September 26, 2024

    Tariff Tax Base Too Small To Replace Income Tax, Report Says

    Higher tariffs can't replace income tax revenue, as former President Donald Trump has suggested, since U.S. imports total $3 trillion annually while incomes top $20 trillion, but they would lower incomes by raising prices for U.S. consumers, a think tank reported Thursday.

  • September 26, 2024

    Conn. Jury Finds Oil Trader Guilty In Petrobras Bribery Scheme

    A Connecticut federal jury convicted a former oil trader on charges that he sent millions in bribes through an intermediary to officials at Brazilian state oil giant Petroleo Brasileiro, capping a three-week trial on Thursday.

Expert Analysis

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • What Cos. Should Note In DOJ's New Whistleblower Pilot

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    After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.

  • A Primer On EU's Updated Human Substance Regulations

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    The European Union's updated standards regarding quality and safety of substances of human origin meant for human application carry significant implications for companies that work with cells and tissues, and U.S. companies active in the EU market should pay particular attention to the import and export rules, say Geneviève Michaux and Georgios Symeonidis at King & Spalding.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • New Russia Sanctions Law: Bank Compliance Insights

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    Financial institutions must familiarize themselves with the new reporting obligations imposed by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act, a recent law that authorizes seizures of Russian sovereign assets under U.S. jurisdiction, say attorneys at Seward & Kissel.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

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    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • What Patent Litigators Should Know About CHIPS Act Grants

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    With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.

  • New FARA Letters Offer Insight Into DOJ's Approach

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    The U.S. Department of Justice's recently released batch of 15 advisory opinions from the Foreign Agents Registration Act Unit provides important guidance on FARA registration triggers and exemptions, underscoring the breadth of FARA's scope, says Tessa Capeloto at Wiley.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Recent Settlement Shows 'China Initiative' Has Life After Death

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    Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.

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