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International Trade
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May 22, 2024
Activist Investor Must Face Exxon's Suit Over Proxy Proposal
A Texas federal judge Wednesday refused to dismiss an Exxon Mobil Corp. lawsuit against a U.S.-based activist investor over a now-withdrawn shareholder proposal concerning climate change, saying it isn't certain they won't refile their proposal in the future.
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May 22, 2024
China Sanctions 12 US Defense Firms For Taiwan Arms Sales
China announced on Wednesday that it has issued sanctions against units of a dozen U.S. defense firms, including Lockheed Martin and Raytheon, plus several executives over sales of military weaponry and arms to Taiwan, three days after it sanctioned units of Boeing and General Atomics for similar reasons.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Solar Cell Duties May Inadvertently Crush Domestic Industry
A bevy of new duty rules on solar cell imports from Asia, coupled with a government investigation instigated by domestic producers unconventionally claiming to protect future homegrown manufacturing, could backfire on the Biden administration's efforts to boost the nascent domestic sector.
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May 22, 2024
Fla. Judge Won't Pause Russian Planes Coverage Suit
A Florida judge on Wednesday refused to pause an aircraft leasing company's coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, denying a request by some of the company's insurers to wait until litigation in the U.K. is resolved.
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May 22, 2024
GOP State Leaders Tell Justices Mexico Can't Sue Gunmakers
Republican attorneys general of 26 states plus the Arizona Legislature have urged the U.S. Supreme Court to reverse a First Circuit decision that revived a lawsuit filed by the Mexican government seeking to hold the firearms industry responsible for drug cartel violence due to weapons trafficked across the border.
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May 22, 2024
MilliporeSigma Avoids Charges As DOJ Extols Self-Disclosure
Life sciences firm MilliporeSigma won’t face charges over the illegal exportation of products to China, in what the Justice Department said Wednesday was the first time its National Security Division had declined prosecution under a policy intended to encourage companies to voluntarily disclose wrongdoing,
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May 22, 2024
Commerce Lifts Xanthan Gum Duty That Trade Court Rebuked
The U.S. Department of Commerce reluctantly erased anti-dumping duties on Chinese xanthan gum after being twice rebuked by the U.S. Court of International Trade for penalizing a company with higher duties based on issues with its sales data.
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May 22, 2024
Oil Tanker Operators To Pay $2M For Dumping Oil From Ship
The operators of the motor tanker PS Dream pled guilty in Louisiana federal court as part of a $2 million plea deal with the U.S. Department of Justice that includes four years of probation, after a whistleblower shared a video of oil being deliberately pumped overboard in January 2023.
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May 22, 2024
UK Gov't Calls Elections For July 4 Despite Poor Polls
Prime Minister Rishi Sunak on Wednesday called an early general election to be held on July 4, advancing the electoral timetable even though his Conservative Party lags decisively behind the opposition Labour Party.
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May 21, 2024
PetroSaudi Says $380M Award Feud Close To Resolution
A PetroSaudi unit and the Biden administration are nearing a settlement to resolve a bitter dispute over the proceeds of a nearly $380 million arbitral award allegedly tied to embezzled 1Malaysia Development Berhad funds, which the government has been looking to seize for years, the parties said Monday.
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May 21, 2024
Groups Push For Official USMCA Interpretation To Nix Claims
Nearly three dozen left-leaning groups are urging North American trade officials to issue an official interpretation of a disputed provision in the U.S.-Mexico-Canada Agreement, which they say could help nix claims seeking billions of dollars that are pending against all three countries.
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May 21, 2024
Feds Fight Philly Port Authority's River Expansion Suit
The U.S. Army Corps of Engineers has denied allegations made by the Philadelphia Regional Port Authority that building a new port on the Delaware River southwest of Philadelphia would cut off shipping business to the city in favor of the First State.
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May 21, 2024
Feds Say Importer Can Get Domestic Steel, Instead Of Duty Relief
The U.S. Department of Commerce defended its refusal to exempt a steel company from potentially millions of dollars worth of national security tariffs, saying it was swayed by evidence that the company could source materials domestically.
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May 21, 2024
Indonesian Mattress Cos. Say Duties Are Based On Irrelevant Info
Indonesian mattress producers called on the U.S. Court of International Trade to unwind anti-dumping tariffs that they claim were based on financial information from a company with completely dissimilar operations.
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May 21, 2024
US Steel And Cleveland-Cliffs Spar Over Merits Of Nippon Deal
U.S. Steel sought to "correct the record" regarding its planned $14.9 billion sale to Nippon Steel on Tuesday, highlighting its continued faith in the deal while blasting what it called a "misinformation campaign" from rival Cleveland-Cliffs.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 20, 2024
Ex-BlackRock VP Says He Was Fired After Whistleblowing
BlackRock Inc. has been sued in New York state court by a former vice president and purported whistleblower who alleged he faced retaliation and wrongful termination after raising concerns about self-dealing, corruption and conflicts of interest at the asset management firm.
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May 20, 2024
Colombia's Objections Tossed In $10B Sunken Treasure Claim
An international tribunal has denied the Republic of Colombia's jurisdictional objections in a $10 billion arbitration stemming from a decades-old dispute over a sunken treasure of gold and jewels from an 18th-century shipwreck off the country's coast.
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May 20, 2024
Fed. Circ. Blesses Commerce's Tariffs On Spanish Olives
The Federal Circuit on Monday upheld the U.S. Department of Commerce's countervailing tariffs on Spanish table olives, backing the department's determination that the businesses that processed raw olives into table olives benefited from the subsidies given to the farmers.
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May 20, 2024
Caterpillar, Equipment Co. Seek New Trial After $100M Verdict
Caterpillar and a defunct equipment importer have asked a Delaware federal court for a new trial after a jury cleared Caterpillar of antitrust violations but found it caused the importer $100 million in damages by interfering with its contract.
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May 20, 2024
Senate Report Ties Automakers To Uyghur Forced Labor
BMW, Jaguar Land Rover and Volkswagen imported cars and their parts that were manufactured by a Chinese company sanctioned for using forced labor, according to a congressional report released Monday raising concerns about compliance with recent measures to crack down on labor violations.
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May 20, 2024
China Sanctions 3 US Firms For Arms Sales To Taiwan
The Chinese Government has sanctioned units of Boeing, General Atomics and General Dynamics over the companies' sales of weapons to Taiwan, barring the companies from trade or investment in China, citing alleged threats to its sovereignty.
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May 20, 2024
Menendez Texts With Wife A Legislative Promise, Judge Says
Emoji-laden texts between Sen. Robert Menendez and his wife about an arms sale constitute a legislative promise, a Manhattan federal judge reiterated Monday, as the government seeks to prove the power couple had a corrupt agreement with a New Jersey businessman.
Expert Analysis
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.
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What Can Be Learned From 3M's Iran Sanctions Settlement
3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.
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ITC Ban On Apple Watch Could Still Be Reversed
The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Inside The Current State Of International Crypto Compliance
A recent Financial Action Task Force report regarding adoption of international virtual asset compliance standards reflects a fairly grim state of affairs, but a broader look at providers' risk mitigation efforts and developments is encouraging, say Leah Moushey and Franco Jofré at Miller & Chevalier, and Meredith Fitzpatrick at Forensic Risk Alliance.
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Putin Ruling May Have Unintended Sanctions Consequences
By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.
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Best Practices For Cos. Navigating US-China Investigations
Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Compliance Primer: Foreign Investment In US Real Property
The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.
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Bank's Penalties Highlight Key AML Compliance Expectations
Recently, Shinhan Bank America faced coordinated enforcement actions from federal and state financial agencies for ongoing, unremedied anti-money laundering compliance failures, revealing current areas of regulatory oversight and focus, including expectations that AML compliance data systems provide a 360-degree view of customers, say attorneys at Jenner & Block.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A
Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.
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Key Terms Of European Hydrogen Bank's 2023 Pilot Auction
The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.