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International Trade
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March 05, 2025
DOGE Firings, Agency Cuts Targeted In New Sierra Club Suit
The Sierra Club and Union of Concerned Scientists were among several groups that lobbed a new suit against Elon Musk and the Department of Government Efficiency on Wednesday, slamming the billionaire and DOGE for the "lawless" slashing of funds and federal workers.
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March 05, 2025
NJ US Atty Says FCPA Case Delay Pauses Speedy Trial Clock
The adjournment of the government's Foreign Corrupt Practices Act case against two former Cognizant Technology Solutions Corp. executives should stop the Speedy Trial Act clock because the case needs a "fulsome review" in light of the pause in FCPA enforcement, New Jersey's freshly minted top federal prosecutor told a judge Wednesday.
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March 05, 2025
US Looks For Pause In PetroSaudi $380M Seizure Suit
The United States has asked a California federal court to stay its suit to seize part of a $380 million arbitral award issued to a PetroSaudi unit, saying the civil case is up in the air because the oil producer's sole owner was convicted in August in Swiss criminal court.
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March 05, 2025
Fed. Circ. Says Marketing Costs Can Permit ITC Patent Suits
The Federal Circuit ruled Wednesday that the U.S. International Trade Commission has wrongly prohibited domestic expenses related to sales, marketing and other activities from allowing companies to pursue ITC patent cases, and revived a suit brought by eyelash extension company Lashify.
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March 05, 2025
Daimler Truck Unit Says Supplier Can't Halt Parts Shipments
A subsidiary of Daimler Truck North America urged a Michigan federal judge on Tuesday to order a Mexican supplier to keep shipping parts needed to produce heavy-duty trucks, telling the court the supplier's threat to suddenly stop shipments could lead to layoffs and major disruptions to the auto supply chain.
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March 05, 2025
12 Chinese Nationals Charged With Hacking Scheme
The U.S. Department of Justice announced it has charged 12 Chinese nationals who it alleges were employed as contractors by a shell company that ran hacking operations against dissidents of the Chinese government and against multiple foreign ministries of other governments in Asia.
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March 05, 2025
Judge Sides With Feds In Suit Over Illicit Gold Trade
A D.C. federal judge has upheld Office of Foreign Assets Control sanctions against a Belgian gold trafficker, ruling that the government had ample evidence that the man directly or indirectly supported armed groups in the Democratic Republic of Congo.
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March 05, 2025
Trump Delays Mexico, Canada Tariffs On Autos For A Month
President Donald Trump announced Wednesday that auto vehicles and parts imported from Canada and Mexico will get a one-month reprieve from the 25% tariffs he instituted earlier this week, according to a statement read by White House Press Secretary Karoline Leavitt.
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March 05, 2025
Russian Billionaire Loses Fight To Lift EU Sanctions
Russian billionaire Alexander Ponomarenko on Wednesday lost his fight to lift European Union sanctions imposed after Vladimir Putin's invasion of Ukraine, with an EU court ruling that the restrictions should remain in place.
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March 04, 2025
Shipping Council Urges DC Circ. To Nix Maritime Rule
An ocean carrier trade association is urging the D.C. Circuit to wipe out new regulations defining unreasonable refusals to deal in the maritime industry, telling the appeals court that the "vague" rule has thrown the carriers into confusion.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
ITC To Weigh Essential Patent Import Bans In Amazon Row
The U.S. International Trade Commission is seeking public comments on whether the owners of standard-essential patents should be able to obtain ITC import bans on infringing products, in a case where a judge found that Amazon TVs and tablets infringed Nokia video patents.
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March 04, 2025
Apple Seeks Ban Against Masimo's Original Smartwatch
Apple has urged a Delaware federal judge to issue an injunction against a healthcare technology company found last year to have infringed two of the tech giant's design patents with its W1 smartwatch and charger, calling the defense's refusal to agree to the injunction "telling."
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March 04, 2025
Construction Co. Slams Iraq Attys' Appearance In $120M Suit
Archirodon Construction (Overseas) Co. has asked the D.C. Circuit to block a law firm from representing Iraq as the country fights efforts by the company to enforce a $120 million arbitral award in a dispute over a major port project.
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March 04, 2025
Reynolds Wrap Maker Must Face 'Made In The USA' Case
A New York federal judge declined to dismiss a proposed class action accusing the maker of Reynolds Wrap of misleading consumers with its "Made in U.S.A" label, saying the plaintiff properly alleged the statement led her to pay a premium price for the product.
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March 04, 2025
After 'Historic Low' In 2023, Number Of ITC Cases Soar In 2024
The U.S. International Trade Commission saw a significant uptick in disputes last year, according to a Tuesday report by a firm that represents expert witnesses used in litigation.
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March 04, 2025
ITC Clears Juul In Altria Vape Patent Dispute
The U.S. International Trade Commission has reviewed and affirmed a decision clearing Juul in an infringement case brought by Altria-owned rival NJOY over its vaping patents.
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March 04, 2025
Trump's Mexico, Canada Tariffs To Face Legal Tests, Pros Say
President Donald Trump placed 25% tariffs on all goods from Canada and Mexico on Tuesday, citing drug trafficking as the core reason he used untested emergency tariff powers, a course of action that will face legal scrutiny, tax professionals told Law360.
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March 04, 2025
Steptoe Boosts Trade Team With Ex-Trump White House Atty
Steptoe LLP said Monday it's strengthening its international trade and regulatory compliance practice with the addition of a former associate counsel to President Donald Trump who also worked at the Office of the U.S. Trade Representative.
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March 04, 2025
New Crowell & Moring Group To Advise On Gov't Procurement
Crowell & Moring LLP has launched a new governmental consulting group to provide companies with guidance on how to obtain and carry out federal procurements, the firm announced Tuesday.
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March 04, 2025
New US Atty Wants 6-Month Pause Of Cognizant Bribery Trial
A federal judge has ordered the parties in a long-running Foreign Corrupt Practices Act case to file their positions Wednesday about how a 180-day adjournment would affect the Speedy Trial Act clock after a newly anointed U.S. attorney for the District of New Jersey asked to delay the trial of two former Cognizant Technology Solutions Corp. executives.
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March 03, 2025
Justices Mull If 2nd Circ. Overstepped In Hamas Banking Case
The U.S. Supreme Court on Monday appeared receptive to a Lebanese bank's bid to reverse a ruling that revived a suit brought by victims of Hamas terrorist attacks, in a case that hinges on how civil procedure rules apply to requests to reopen final judgments.
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March 03, 2025
Some 'ComEd Four' Bribery Counts Vacated Over Jury Charge
An Illinois federal judge on Monday ordered a retrial on four bribery charges in the case against an ex-Commonwealth Edison executive and three lobbyists convicted of conspiring to bribe former Illinois House Speaker Michael Madigan, finding the jury was improperly instructed in the wake of a recent U.S. Supreme Court ruling but leaving intact the overarching conspiracy conviction.
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March 03, 2025
MoFo Rehires Crisis Management Group Co-Founder In DC
Morrison Foerster LLP has rehired the former co-founder of its crisis management practice, who is picking up where he left off four years ago, when he departed to serve as the Justice Department's second-highest-ranking national security official.
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March 03, 2025
Bove Faces Ethics Complaint Over Adams Case
Emil Bove, the Trump administration's controversial second-in-command at the U.S. Department of Justice, has been hit with an ethics complaint for a widely criticized directive ordering prosecutors in the Southern District of New York to drop a corruption case against New York City Mayor Eric Adams.
Expert Analysis
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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How SDNY US Atty Nom May Shape Enforcement Priorities
President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.
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Emerging Energy Trends Reflect Shifting Political Landscape
As the Trump administration settles in, some emerging energy industry trends, like expanded support for fossil fuel production, are right off of its wish list — while others, like the popularity of Inflation Reduction Act energy tax credits, and bipartisan support for carbon capture, reflect more complex political realities, say attorneys at Greenberg Traurig.
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What Companies Should Consider During FCPA Pause
While waiting for updated guidance on Foreign Corrupt Practices Act criminal investigations after a Feb. 10 executive order froze FCPA enforcement, companies should consider the implications of several possible policy shifts, rather than relaxing internal oversight of questionable business practices, say attorneys at Simpson Thacher.
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How Criminal Enforcement Of Trump Tariffs May Work
While tariff enforcement has traditionally been handled as a civil matter, tariffs are central to President Donald Trump's broader economic, immigration and national security agendas — making it likely that the U.S. Department of Justice will be tasked with criminal enforcement of tariff evasion, say attorneys at BakerHostetler.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Preparing For Stricter Anti-Boycott Enforcement Under Trump
Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.