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International Trade
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September 03, 2024
Army Corps Gets 150K Comments Against Enbridge Pipeline
Environmental, health and faith groups have joined the Bad River Band of the Lake Superior Tribe of Chippewa Indians in submitting about 150,000 comments to the U.S. Army Corps of Engineers opposing Enbridge Inc.'s plans to reroute its controversial Line 5 pipeline.
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September 03, 2024
Feds Abandon $12M Somali Fraud Case Against Atty
The U.S. government has dropped its Maryland federal court case against a lawyer who was set for trial this year on charges of misappropriating over $12 million in Somali state assets, citing "pre-trial evidentiary rulings."
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September 03, 2024
Nigeria To Take Sovereign Immunity Ruling To US Justices
Nigeria intends to ask the U.S. Supreme Court to review a D.C. Circuit decision nixing its sovereign immunity defense in litigation to enforce a $65 million arbitral award against it, arguing that the appellate opinion extends a circuit split on treaty interpretation.
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September 03, 2024
ITC Clears Amazon In Video Processing Patent Case
The U.S. International Trade Commission has voted to reject infringement claims against Amazon over patents in the field of video processing, affirming a judge's initial finding with some modest adjustments.
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September 03, 2024
Fed. Circ. Has Questions About Data On Solar Duty Review
The Federal Circuit struggled Tuesday morning to piece together the facts in an appeal from the U.S. Court of International Trade over anti-dumping duties on Chinese solar cells, with a judge at one point declaring that "neither side, it seems to me, has provided a coherent explanation."
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September 03, 2024
2nd Circ. Backs Toss Of Ericsson Investors' ISIS Bribes Suit
The Second Circuit on Tuesday upheld a New York federal judge's decision to toss an investor class action against telecom giant Ericsson and several members of its top brass over claims that they hid knowledge of possible bribes to the Islamic State from U.S. investors and committed other violations of federal securities laws.
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September 03, 2024
Maduro's Private Jet Seized In Fla. Over Sanctions Violation
Federal officials have seized a private jet used by Venezuelan President Nicolás Maduro and his affiliates, alleging that it was purchased illegally using a shell company and smuggled out of Florida in violation of sanctions and export control laws, according to the U.S. Department of Justice.
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September 03, 2024
5th Circ. Hesitant To Call Tornado Cash 'Entity'
A Fifth Circuit panel prodded the U.S. Department of the Treasury's argument that Tornado Cash counts as a corporation-like organization, telling the agency that its reasoning for calling the sanctioned crypto mixer an entity was "slippery" during oral arguments Tuesday.
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September 03, 2024
Fed. Circ. Panel Questions CIT Ruling On Cookware Duty
A Federal Circuit panel expressed skepticism of a U.S. Court of International Trade decision last year to deny first-sale treatment for a California cookware distributor's Chinese imports, saying the key step in determining the level of duties seemed to be largely based on the absence of certain evidence the government didn't even subpoena to obtain.
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September 03, 2024
Manhattan DA's Art Seizure Unit Hit With New Calif. Challenge
A private art collector has filed a California federal lawsuit fighting the Manhattan district attorney's investigation into his ancient Roman statue, joining a small but growing number of legal challenges to the New York prosecution unit that seizes and returns allegedly stolen antiquities.
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September 03, 2024
FCC Bans Kaspersky Software In Authorized Equipment
The Federal Communications Commission is banning the use of certain Russian-made cybersecurity and antivirus software from Kaspersky Labs in agency-authorized telecommunications equipment, months after the U.S. Department of Commerce said the software could pose national security risks.
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September 03, 2024
Trustee, Trader Culled From Jury In $1M Brazilian Bribery Trial
A bankruptcy trustee and a commodities trader were among the potential jurors weeded out Tuesday ahead of Wednesday's opening statements in the criminal trial of a Connecticut oil trader accused of bribing officials with Brazil's state-owned oil giant Petróleo Brasileiro SA and its U.S. subsidiaries.
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September 03, 2024
Former Aide To NY Gov. Indicted On Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and ex-Gov. Andrew Cuomo was arrested Tuesday on allegations of secretly acting as an agent of China's government in a yearslong political conspiracy to promote the interests of the Chinese Communist Party and reap millions of dollars.
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September 03, 2024
Feds Float 650% Antidumping Duty On Chinese Paper Plates
The U.S. Department of Commerce previewed antidumping tariffs exceeding 650% on paper plates from nearly two dozen Chinese companies that refused to cooperate with U.S. officials investigating claims that the products are being dumped in the U.S.
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August 30, 2024
Don't Halt Smelter Pollution Suit For Appeal, 8th Circ. Told
Hundreds of Peruvian citizens urged the Eighth Circuit on Thursday not to pause a 17-year-old pollution case for a high court appeal requested by the billionaire owner of a smelter, arguing that the justices were unlikely to overturn rulings allowing the case to proceed.
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August 30, 2024
Keystone Tribunal Says US Didn't Agree To Extend NAFTA Terms
The tribunal that nixed TC Energy's $15 billion claim against the United States over the Keystone pipeline's cancellation found there was no proof the United States had wanted to extend North American Free Trade Agreement protections beyond its replacement date, according to the now-public award.
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August 30, 2024
US Seeks Trade Talks In Dispute Over Canada's Digital Tax
The Office of the U.S. Trade Representative announced Friday that it has requested dispute settlement discussions with Canada regarding the country's recently enacted digital services tax, which the USTR claims discriminates against U.S. companies.
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August 30, 2024
Gov't Contracts Of The Month: Base Networks, Nuclear Power
In August, the U.S. Air Force named the 23 companies that will carry out its $12.5 billion network modernization effort, while a domestic nuclear company agreed to help build the first small modular reactor nuclear power plant in Africa. These are Law360's most noteworthy government contracts for August 2024.
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August 30, 2024
RTX Reaches $200M Deal Over Export Control Violations
RTX Corp. has reached a $200 million settlement with the U.S. Department of State to resolve violations of export control rules, including sending controlled defense items and data to China, the agency announced Friday.
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August 29, 2024
Starbucks Overpromised On 'Reinvention' Plan, Investor Says
Coffee chain Starbucks faces a proposed investor class action alleging it misled the markets about prospects for its so-called Triple Shot Reinvention strategy, hurting investors after trading prices for its shares slid when it announced disappointing quarterly results in April 2024.
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August 29, 2024
Venezuela Ordered To Pay $468M To Packaging Co.
A Dutch subsidiary of Irish sustainable packaging company Smurfit Westrock has been awarded more than $468 million after an international tribunal ruled on Wednesday that Venezuela violated an underlying treaty when it seized the company's operations in the country six years ago.
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August 29, 2024
50 Cent's Liquor Biz Wins Ch. 7 Fight Over Ex-Boss's House
A onetime international liquor trader for rap artist 50 Cent's booze business has lost a bid to protect his Connecticut residence from Sire Spirits LLC's attempt to recover a $7 million New York fraud judgment, with a bankruptcy judge applying a lower state homestead exemption than the indebted trader requested.
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August 29, 2024
Chicago Museum Clinging To Nazi-Looted Art, NY Court Told
A prosecutor in the Manhattan District Attorney's Office argued in court Thursday that the Art Institute of Chicago is ignoring the horrors of the Nazi regime as it "desperately" attempts to hold onto a Holocaust victim's stolen Egon Schiele drawing.
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August 29, 2024
Aon Unit Accuses Chinese Bank Of $2.8B Reinsurance Fraud
An Aon PLC subsidiary has accused one of China's largest banks in New York state court of helping a now-bankrupt insurtech company engage in a multibillion-dollar scheme to defraud the subsidiary and cedent insurers in reinsurance transactions, seeking to recover at least $140 million in lost premiums from the bank.
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August 29, 2024
Albright Boots $8B EV Trade Secrets Suit For Improper Venue
U.S. District Judge Alan Albright tossed out a $7.8 billion trade secrets dispute between two electric vehicle companies, adopting a federal magistrate judge's recommendation that the case should be handled in Israel where he said both companies and the majority of the individuals related to the matter already are.
Expert Analysis
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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Traversing The Web Of Nonjudicial Grievance Mechanisms
Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.
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Analyzing New EU Measure To Prevent Reexports To Russia
Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Cos. Should Prepare For Foreign Data Transfer Regulations
A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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5 Takeaways From SAP's Foreign Bribery Resolutions
German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.