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International Trade
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June 24, 2024
Menendez Was 'Weird' While Planning Egypt Trip, Jury Hears
A New York federal jury weighing charges that U.S. Sen. Robert Menendez took bribes for official acts related to Egypt heard Monday from a congressional staffer that the senator acted "weird" while planning an official trip there and was "making up lies."
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June 24, 2024
ITC Shouldn't Oversee Patent Disputes, Utah Law Prof Argues
The U.S. International Trade Commission should no longer be in control of deciding when infringing imports are banned from the country, a prominent patent law academic at the University of Utah's S.J. Quinney College of Law says.
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June 24, 2024
Judge Recommends Tossing VW Supplier's Antitrust Case
A magistrate judge has recommended that a Texas federal court toss a suit accusing Volkswagen of maintaining an illegal stranglehold over its suppliers after the Fifth Circuit told the court to consider if the dispute should be litigated in Germany instead of the U.S.
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June 24, 2024
Justices Undo Terror Victims' Win, Citing Twitter Decision
The U.S. Supreme Court on Monday swept aside a D.C. Circuit ruling that threatened to expose major pharmaceutical companies to liability for terrorist attacks that injured or killed hundreds of U.S. soldiers and civilians in Iraq.
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June 24, 2024
Pipe Co. Seeks Full Fed. Circ. Redo Of Thai Pipe Duty Review
A pipe company asked the full Federal Circuit to unwind a panel ruling broadening a decades-old anti-dumping duty order on Thai pipe, saying the panel mistakenly expanded the levy to cover more imports than allowed under federal trade law.
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June 24, 2024
Catching Up With Delaware's Chancery Court
Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.
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June 24, 2024
$12.8M Deal Ending Some Chiquita MDL Claims Gets Approval
A Florida federal judge said Monday he would sign off on a proposed $12.8 million settlement between Chiquita Brands International Inc. and some of the victims suing the banana company over its funding of Colombian paramilitary groups.
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June 24, 2024
Paper Bag Imports Found To Have Harmed US Industry
The U.S. International Trade Commission ruled that paper shopping bags from eight countries harmed the domestic industry, providing the final green light for the U.S. Department of Commerce to enact countervailing and anti-dumping duties on the products.
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June 21, 2024
Kaspersky Hit With Sanctions In Wake Of US Software Ban
The U.S. Department of the Treasury on Friday sanctioned a dozen AO Kaspersky Lab executives, just a day after the U.S. Department of Commerce prohibited the sale of the Russia-based company's antivirus software and cybersecurity products in the United States.
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June 21, 2024
Treasury Unveils Rules Curtailing Outbound Tech Investments
The U.S. Department of the Treasury on Friday proposed rules to implement President Joe Biden's executive order aimed at restricting American investments in certain technologies that China is developing, including artificial intelligence systems, that are deemed threats to national security.
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June 21, 2024
Fed. Circ. Backs Subsidy Duties For Canadian Wind Towers
A Canadian wind tower manufacturer can't get a break on countervailing duties despite being upfront about errors in its sales data, with the Federal Circuit ruling Friday that the errors raise the possibility of additional mistakes.
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June 21, 2024
Tube Co. Blames Denied Duty Refund Claim On CBP Error
A steel importer told the U.S. Court of International Trade on Friday that customs officials refused to honor a waiver for $241,000 worth of national security tariffs based on an import classification issue that they allegedly created.
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June 21, 2024
Rebar Co. Says Feds Spurned Data For Info 'On The Internet'
A Turkish rebar company pressed the U.S. Court of International Trade to order U.S. trade officials to reassess its countervailing duties, saying officials incorrectly excluded a commissioned study from the review for a report posted online.
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June 21, 2024
Russian Bank Founder Hit With Asset Freeze In $850M Claim
A London judge froze the assets of the co-founder of a Russian bank in a hearing Friday, in the latest development of an $850 million fraud claim in which two Russian lenders are seeking to claw back allegedly embezzled funds.
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June 21, 2024
Sens. Introduce 'Complementary' Bill To TikTok Ban
A bipartisan bill introduced Thursday would require websites and apps to disclose to their users if they are owned wholly or partially by China, North Korea, Russia or Iran or if data collected through those sites or apps is accessible to those countries.
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June 20, 2024
Menendez Jury Sees Slides Lowell Presented To SDNY Brass
Sen. Robert Menendez's lawyers grilled a witness in his bribery trial Thursday about a meeting in which Abbe Lowell, the politician's ex-lawyer, tried to convince U.S. Attorney Damian Williams not to indict Menendez — but were stymied by flurries of objections.
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June 20, 2024
Study Shows Compliance With ICSID Damages Awards Is High
Countries have voluntarily complied with or inked settlements in connection with the overwhelming majority of damages awards issued by the International Centre for Settlement of Investment Disputes while voluntary compliance with costs awards has been somewhat more elusive, according to an ICSID study published this week.
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June 20, 2024
Attys In Chiquita Case Say Victims Can't Proceed Together
A long-standing rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.
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June 20, 2024
Sunset Review Redo Counter To Basic Principles, Says Judge
A U.S. Court of International Trade judge on Thursday rebuffed a Turkish steel producer's call to reverse a sunset review that maintained its anti-dumping duties, a move he said would fray the procedural web that gives sense to trade remedies.
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June 20, 2024
Rockwell Wins Treble Damages After $4M Gray Market Verdict
A Delaware federal judge agreed Tuesday to award treble damages to Rockwell Automation, which is behind the Allen-Bradley brand of factory equipment, bringing its total recovery to nearly $9 million after a jury found it was owed more than $4 million in August.
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June 20, 2024
PPG Sues Westlake In Delaware Over $707M Brazil Liability
Pittsburgh global paint supplier PPG Industries Inc. has sued chemical supplier Westlake Corp. in Delaware's Court of Chancery, accusing Westlake of breaching a 2012 agreement to accept liabilities related to a cargo ship fire that happened off the coast of Brazil in 1998.
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June 20, 2024
Ex-BVI Ports Director Gets 9 Years For Drug Smuggling Plot
A Florida federal judge on Thursday sentenced the former managing director of the British Virgin Islands Ports Authority to just over 9 years in prison for participating in a scheme involving a former BVI premier to move tons of Colombian cocaine through BVI ports to the United States.
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June 20, 2024
Feds Delay Thai Refrigerator Probe To Check Industry Support
The U.S. Department of Commerce on Thursday delayed its investigation into whether certain refrigerator exporters from Thailand are dumping their products in the U.S. to verify if the investigation has the support of the majority of the domestic industry.
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June 18, 2024
Menendez Request On Pet Case Was Unique, Aide Testifies
When Sen. Robert Menendez allegedly directed an aide to tell a U.S. attorney that an alleged bribe-giver facing prosecution deserved "all due process," it was the only criminal case Menendez ever singled out that way in their years working together, the aide testified Tuesday.
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June 18, 2024
Legal Clinic Can't Weigh In On Motorcycle Co.'s Mexico Claim
A Canadian appeals court has rejected a public interest legal clinic's request to opine on the test for procedural unfairness as U.S.-based Vento Motorcycles looks to revive its claim blaming Mexico for destroying its business by slapping what it says are unfair tariffs on its bikes.
Expert Analysis
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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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.