International Trade

  • August 14, 2024

    Fed. Circ. Says Fla. Judge 'Misread' Precedent In Elfbar Row

    The maker of the popular Elfbar vape will get another shot at upending a court-imposed order banning it from selling under the "Elf" mark, the Federal Circuit ruled Wednesday, saying the district judge who ordered the injunction "misread" precedent and relied on a "deficient" legal analysis.

  • August 14, 2024

    Army Analyst Cops To Selling Military Secrets To China

    A U.S. Army soldier and intelligence analyst has pled guilty to charges that he sold classified American military secrets to China for $42,000.

  • August 14, 2024

    Israel Boycott Bid On Pittsburgh Ballot Draws Challenges

    A proposed ballot question calling for the city of Pittsburgh to boycott any work with or tax credits for entities that do business with or in Israel during its war in Gaza would be invalid because it violates state and federal laws, according to petitions filed in Pennsylvania state court by a Jewish organization, local clergy and the city controller.

  • August 14, 2024

    Baker McKenzie Adds Tax Expert To Monterrey Office

    Baker McKenzie has added a partner from Turanzas Bravo & Ambrosi to its Monterrey, Mexico, office who brings more than 15 years of experience practicing international trade law with a focus on taxation and customs-related litigation.

  • August 14, 2024

    Feds Nab US-Iran Citizen On Aircraft Parts Charges

    A dual U.S.-Iranian citizen was charged in D.C. federal court with procuring American aircraft parts and attempting to send them to Iran in violation of U.S. sanctions, the U.S. Department of Justice said Wednesday.

  • August 14, 2024

    Crowell & Moring International Hires IT Foundation Leader

    Although Nigel Cory's profession as an international trade expert might have come as a surprise to his parents, their work was a catalyst for what became his decades-long fascination with working on trade issues, he told Law360 Pulse in an interview on Tuesday about his recent move to Crowell & Moring LLP's public policy affiliate.

  • August 13, 2024

    Texas Court Affirms Sole Arbitrator In Oilfield Machinery Fight

    A Texas appeals court affirmed on Tuesday that arbitration over more than $1 million owed on an invoice for oilfield machinery should be heard by a sole arbitrator, ruling that a subsequent agreement between a Mexican drill rig manufacturer and a Houston company trumped the wording in their initial contract.

  • August 13, 2024

    No Cause To Revisit Maple Leaf Standard Yet, Fed. Circ. Says

    The Federal Circuit on Tuesday declined a solar industry group's push to review a decades-old, "breathtakingly deferential" precedent a panel invoked in a decision affirming the president's Trade Act authority to make existing solar safeguard tariffs more trade restrictive.

  • August 13, 2024

    Poland Inks Estimated $12M Deal For Boeing Military Copters

    Boeing announced Tuesday that it inked a deal to sell 96 Apache combat helicopters to Poland for its military, formalizing an estimated $12 billion transaction approved last year.

  • August 13, 2024

    Shipping Co.'s Cleaning Services Taxable, Wash. Court Affirms

    A Washington state court properly denied a shipping company's request for a refund of sales tax paid on cleaning services for its shipping containers because the containers weren't integral to the ships' use, a state appellate court affirmed.

  • August 13, 2024

    3 International Trade Cases To Watch: Midyear Report

    The Federal Circuit is on track to issue its final word in challenges to duties on Chinese products and a lumber dispute seeking the court's guidance despite an ongoing trade pact arbitration, while the World Trade Organization's dispute tribunal is hashing out Brussels' beef over Colombia's tariffs on frozen french fries. Here, Law360 highlights three cases to watch during the second half of this year.

  • August 12, 2024

    Suspect In Smuggling For 'Putin's War Machine' Extradited To US

    A Russian-German national has been extradited to the U.S. from Cyprus and now faces criminal charges in New York federal court for allegedly smuggling American-sourced microelectronics to supply foreign manufacturers with parts to help arm Russia in its war against Ukraine.

  • August 12, 2024

    Judge Won't DQ Asst. US Atty In Standard Chartered FCA Case

    A New York federal judge on Monday declined to disqualify an assistant United States attorney from a long-dismissed False Claims Act suit against Standard Chartered Bank, calling the whistleblower's arguments for disqualification meritless "to the point where they verge on vexatious and frivolous."

  • August 12, 2024

    Top 4 Trade Policy Developments Of 2024: Midyear Report

    International trade continued its ascent as a national security and industrial policy tool this year, including through new sanctions aimed at isolating Russia, updated tariffs on Chinese goods, new solar import policies and an expanded definition of unfair subsidies. Here, Law360 takes a look back at the top trade policy developments of 2024 so far.

  • August 12, 2024

    Fed. Circ. Says Co. Can't Patent Coke Zero's Secret Sweetener

    A Federal Circuit panel found Monday that the company that developed the artificial sweetener used in Coke Zero can't patent its formula after it has already touched the lips of customers even if they kept the recipe secret, something that's consistent with "precedent going back to the 1800s."

  • August 09, 2024

    9th Circ. Wipes Out BNSF's Retaliation Win

    The Ninth Circuit on Friday overturned BNSF Railway Co.'s win in a late conductor's retaliation suit on Friday, saying the railroad failed to show it would've terminated the worker regardless of his refusal to stop conducting a brake test — even though the employer has insisted he was mainly fired for insubordination and misreporting his time card.

  • August 09, 2024

    Bond Denied For Ex-Ecuador Official Convicted In Bribery Plot

    A Florida federal judge denied bond to Ecuador's ex-comptroller Friday after a jury convicted him earlier this year of laundering more than $12 million in bribes received in a construction scandal, saying the record would not support releasing him from custody before he is sentenced.

  • August 09, 2024

    Ex-Mozambique Finance Minister Convicted For $2B Scheme

    Mozambique's former finance minister was convicted of wire fraud and money laundering conspiracy charges in connection with his role in the $2 billion "tuna bonds" scandal, prosecutors announced.

  • August 09, 2024

    DC Circ. Makes Case For Restarting FERC Gas Policy Revamp

    The D.C. Circuit's recent wipeout of Federal Energy Regulatory Commission approvals of gas infrastructure projects is a sign that the agency should restart a stalled effort to update its decades-old pipeline approval policy, FERC watchers say.

  • August 09, 2024

    Fla. Forex Trader Gets 24 Years For $57M Ponzi Scheme

    A purported foreign exchange trader has been hit with a 24-year prison sentence and a $57 million forfeiture order after pleading guilty to wire fraud and money laundering charges in connection with a Ponzi scheme that took in over 1,100 would-be investors.

  • August 09, 2024

    3 Notable Trade Disputes Of 2024: A Midyear Report

    This year the U.S. Supreme Court refused its last outstanding challenge to the president’s tariff power, a split Federal Circuit panel expanded decades-old duties on plumbing pipes, and the first North American trade pact labor panel tossed Washington’s claims. Here, Law360 revisits the most notable international trade cases of 2024 so far.

  • August 09, 2024

    Nigeria Must Face $65M Award Suit, DC Circ. Rules

    The D.C. Circuit on Friday affirmed a ruling greenlighting litigation to enforce a $65 million arbitration award issued to a Chinese company after it was ousted from Nigeria, saying the country's sovereign immunity defense fails because it agreed to arbitrate the dispute.

  • August 08, 2024

    ITC Rips Google's Bid To Wield Chevron's End In Sonos Row

    The U.S. International Trade Commission on Thursday joined Sonos in urging the Federal Circuit to reject Google's argument that the end of so-called Chevron deference means the appellate court should review precedent on the ITC's patent powers, calling the dispute a "poor vehicle" for such a review.

  • August 08, 2024

    Amazon Must Face Pandemic Price-Gouging Claims In Wash.

    Washington's high court said on Thursday that Amazon can be sued under the state's Consumer Protection Act over alleged price-gouging early in the COVID-19 pandemic, but stopped short of agreeing with customers that the law bars specific markup percentages. 

  • August 08, 2024

    Apple Wins Bid For 2 Trials In IP Dispute With Masimo

    A California federal judge will hold separate trials on Masimo Corp.'s trade secrets and patent claims over the Apple Watch, siding with Apple Inc. and rejecting Masimo's request for one later trial on all the issues, in a case with potentially billions of dollars at stake.

Expert Analysis

  • How Recent Laws Affect Foreign Purchase Of US Real Estate

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    Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    Patent Waiver For COVID Meds Would Harm US Biopharma

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    If the Biden administration backs the World Trade Organization in waiving patent rights on COVID-19 treatments, it would negatively affect the U.S. biopharmaceutical industry and help foreign competitors, without necessarily expanding global access to COVID-19 care, says clinical pathologist Wolfgang Klietmann.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • A Guide To New Russia Sanctions For Foreign Financial Cos.

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    Attorneys at Foley Hoag take foreign financial companies on a deep dive into the compliance advice the U.S. Office of Foreign Assets Control issued after President Joe Biden's December executive order widened a Russian import ban and authorized sanctions against businesses that transact with Russia's military-industrial base.

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