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International Trade
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May 17, 2024
Kitchenware Cos. Seek Duties On Chinese Disposable Pans
A group of domestic companies that produce disposable aluminum pans is pushing for tariffs on Chinese imports, telling U.S. trade officials that its overseas rivals are using unfair trade practices to get ahead of the competition.
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May 17, 2024
Sanctions Ruling Clarifies Force Majeure Contractual Rights
A decision by Britain's highest court that a shipowner could reject a client's attempt to sidestep payment restrictions imposed by U.S. sanctions has implications for disputes over force majeure clauses sparked by the effects of those measures, the war in Ukraine and the COVID pandemic on supply chains.
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May 16, 2024
Alberta Oil Marketing Co. Says Biden Ruined Keystone Deal
A Canadian oil-marketing company has formally accused President Joe Biden of destroying an energy infrastructure project deal with the province of Alberta by reversing course on the Keystone XL pipeline when he stepped into office, saying he has caused the company more than $1 billion in damages.
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May 16, 2024
Judge Irked By 'Smart' Attys And 'Silly' Doc Retention Policies
The chief judge of the U.S. Court of International Trade scolded Chinese tire companies on Thursday for complaining about having to provide information the federal government requested to reassess antidumping duties after the companies won an order for that reassessment.
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May 16, 2024
Trade Court OKs Commerce's Cambodian Mattress Duties
The U.S. Court of International Trade on Thursday blessed the U.S. Department of Commerce's revised anti-dumping duty calculations for Cambodia-origin mattresses, saying Commerce provided better explanations a second time around including for why it used an Indian company's financial statements.
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May 16, 2024
Prosecutors Say Fake Fortune 500 Workers Funded N. Korea
The Biden administration alleged that North Korea may have raised $6.8 million to develop nuclear weapons by installing remote information technology workers at Fortune 500 businesses, announcing charges Thursday against two individuals accused of helping agents pose as U.S. employees.
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May 16, 2024
$5.5M Apotex Generic Drug Price-Fixing Deal Gets Initial OK
A Pennsylvania federal judge gave preliminary approval to yet another settlement in the sweeping generic drug price-fixing multidistrict litigation, this time signing off on pharmaceutical company Apotex's $5.5 million settlement with clinics, hospitals and independent pharmacies.
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May 16, 2024
Colombian Consumer Lender Hits Ch. 11 To Trim $55M Of Debt
Colombian consumer lending giant Credivalores-Crediservicios filed for bankruptcy in New York on Thursday, with a prepackaged Chapter 11 plan to cut $55 million from its balance sheet and emerge from bankruptcy next month.
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May 16, 2024
Menendez Bribery Case Criminalizes Gifts, Jury Told
Prosecutors are trying to criminalize friendship, gifts and advocacy, the counsel for one of U.S. Sen. Robert Menendez's co-defendants said Thursday in an opening statement in the corruption trial in Manhattan federal court.
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May 16, 2024
Treasury Provides Extra Relief For Bonus Energy Tax Credits
The U.S. Treasury Department provided additional safe harbors Thursday that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts in response to the Biden administration's new trade restrictions on solar products from China.
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May 16, 2024
Biden To Restore Tariffs On Bifacial Solar Panel Imports
The Biden administration is lifting a tariff exemption that was granted in 2019 for bifacial solar modules, saying Wednesday that the move will help ensure that imports from China don't undercut U.S. solar manufacturing.
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May 15, 2024
Newman Wasn't At Fed. Circ. Conference, But She Was Invited
U.S. Circuit Judge Pauline Newman's absence from Tuesday's Federal Circuit Judicial Conference was not due to a lack of invitation, contrary to initial comments from her lawyer, but the law isn't explicit about whether a suspended judge legally could have been excluded.
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May 15, 2024
Lilly Lands Default ITC Order Against Weight Loss Copycats
The U.S. International Trade Commission voted on Wednesday to give Eli Lilly a default win against the remaining companies in the drugmaker's trademark case surrounding its highly popular, billion-dollar weight loss drugs.
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May 15, 2024
House Panel Weighs Baltimore Bridge Rebuilding Costs
Rebuilding Baltimore's Francis Scott Key Bridge may cost up to $1.9 billion and take at least four years, as accident investigators continue to examine how a cargo ship slammed into the bridge in March and knocked it down, officials told a House panel Wednesday.
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May 15, 2024
Split Fed. Circ. Decision Restores Thai Pipe Duties
A split Federal Circuit panel flipped a trade court ruling Wednesday to affirm that pipes imported from Thailand that are approved for both "standard" plumbing and oil and gas uses are subject to a longstanding duty order covering standard pipes.
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May 15, 2024
DLA Piper Int'l Trade Attys Jump To K&L Gates In DC
K&L Gates LLP is continuing to add international trade talent to its ranks, saying Wednesday that it had added two DLA Piper lawyers to its Washington, D.C., office.
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May 15, 2024
Feds Tell Justices $3.1B Satellite Deal Isn't Reviewable
The Biden administration has urged the U.S. Supreme Court against reviewing an order dismissing claims that a contractor was pushed out of a $3.1 billion military satellite deal, saying the transaction was a sovereign action shielded from court review.
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May 15, 2024
'Where's Bob?' Nowhere Near Wife's Gold Bars, Jury Hears
Sen. Robert Menendez and his future wife weren't living together when an alleged bribery scheme took root six years ago and continued residing mostly apart after they married, he in Washington, D.C., and she in her New Jersey home that had a closet filled with gold bars and cash, jurors heard Wednesday.
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May 15, 2024
Ex-FTX Exec Seeks Leniency, Saying He Was Kept In The Dark
A former top FTX official has asked a Manhattan federal judge for a lenient 18-month sentence, saying he was not part of company co-founder Sam Bankman-Fried's inner circle and was as shocked as everyone else to learn that the crypto exchange was operating a fraud that siphoned billions in customer funds.
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May 15, 2024
Sanctions Give Shipper Force Majeure Escape From Contract
Britain's highest court ruled Wednesday that a shipowner should not be forced to vary the payment terms of a freight contract to overcome a potential force majeure event amid concerns about U.S. sanctions.
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May 14, 2024
Effect Of New China Duties Hinges On Allies' Response
The effectiveness of new tariffs, announced Tuesday, on Chinese products including electric vehicles, semiconductors and solar cells to protect domestic industries may be determined more by the international community's response than the trade remedies themselves.
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May 14, 2024
Asset Manager Cops To $1.2B Venezuelan Oil Co. Fraud
An asset manager pled guilty Tuesday to one count of conspiracy to commit money laundering for his role in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company and launder it through false investment schemes in the U.S. and abroad.
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May 14, 2024
Magnets Co. Can't Trim Suit Despite Feds' PACER Accident
The federal government's accidental posting of an unredacted expert report containing sensitive technical data doesn't warrant trimming the government's lawsuit accusing a magnetics manufacturer of sharing that same data with China, a Kentucky federal judge ruled Tuesday.
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May 14, 2024
Political Giants To Loom Over Sen. Menendez Trial
A bipartisan bunch of political powerhouses may testify or be mentioned in the corruption trial of U.S. Sen. Robert Menendez, according to the list a New York federal judge read Tuesday to weed out potential jurors who may have relationships with the public figures.
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May 14, 2024
Fighters Likely Killed Victims In Chiquita Case, Academic Says
A Colorado professor took the stand Tuesday in Chiquita's trial over accusations that it financed a right-wing Colombian paramilitary group that committed war crimes against civilians, testifying in Florida federal court that it was "extremely likely" the militants killed several men whose deaths family members blame on the banana company.
Expert Analysis
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Opinion
Stakeholder Amici Should Be Heard In Russian Trade Case
Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.
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US Cos. Must Guard Against Russian Diversion Of Goods
Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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How US Companies Can Wield The New Foreign Bribery Law
U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Global Cartel Enforcement Looks Set To Intensify In 2024
The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.