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International Trade
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August 02, 2024
Wells Fargo's AML, Sanctions Programs Facing Investigation
Wells Fargo & Co. has said it is facing scrutiny from "government authorities" over issues with its anti-money laundering and sanctions compliance programs, further noting it is in talks with the U.S. Securities and Exchange Commission to settle an investigation into its investment account cash sweep offerings.
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August 02, 2024
Commerce Rejects Vietnam's Bid For Market Economy Status
The U.S. Department of Commerce said Friday that it has rejected Vietnam's request to lift its status as a non-market economy, which would have altered how antidumping duties are calculated on Vietnamese exports.
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August 02, 2024
8th Circ. Says Mining Co. Can't Escape Peruvians' Claims
The Eighth Circuit refused to overturn a ruling greenlighting litigation filed by more than 1,400 Peruvian nationals against U.S. billionaire Ira Rennert and his holding company The Renco Group seeking to hold them liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.
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August 02, 2024
Akin Debuts AI Law & Regulation Info Tracker
Global BigLaw firm Akin Gump Strauss Hauer & Feld LLP launched a tracker to help monitor changing policies related to artificial intelligence in various fields including intellectual property, data privacy, health and national security.
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August 02, 2024
Trade Court Backs Feds' Renewed Duties On Australian Steel
The U.S. Court of International Trade upheld the U.S. International Trade Commission's decision to renew antidumping tariffs on Australian steel, agreeing with its choice to assess the economic effects of Australian steel in combination with six countries' imports.
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August 01, 2024
DOJ Unveils Whistleblower Pilot, But Garners Atty Criticism
The U.S. Department of Justice on Thursday officially launched its pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct, although some whistleblower attorneys decried the program's award caps and what they described as its lack of enforceability.
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August 01, 2024
DOD Defends Designating Tech Firm As Chinese Military Co.
The U.S. Department of Defense defended its decision to designate light section and ranging technology firm Hesai Technology Co. Ltd. as a Chinese military company, telling a District of Columbia federal judge that there exists "substantial evidence" that the company is affiliated with the Chinese Ministry of Industry and Information Technology.
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August 01, 2024
Crypto-Forex Co. Defaults In Fla. Civil Fraud Lawsuits
A purported foreign exchange currency broker based in Hong Kong defaulted Thursday in three Florida state court lawsuits alleging multimillion-dollar frauds due to lack of counsel, although a Miami judge allowed the former CEO to respond to the complaints against him as a self-represented party.
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August 01, 2024
Groups Say DC Circ.'s Toss Of FERC OK Boosts Their Case
Conservation groups and the city of Port Isabel, Texas, told the D.C. Circuit that its recent decision to vacate the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion supports their challenge of the commission's decision to approve two Texas liquefied natural gas facilities.
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August 01, 2024
Court Won't Let Glycine Co. Use Remand To Fix Data Issue
The U.S. Court of International Trade won't let a Japanese glycine producer correct a data issue that raised its duty liability, saying the company should have raised the issue earlier instead of during a remand proceeding.
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August 01, 2024
Senate Energy Panel Advances Permitting Overhaul Bill
The Senate Committee on Energy and Natural Resources advanced bipartisan legislation aimed at expanding and speeding up the permitting process for fossil fuel, renewable energy and transmission projects.
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July 31, 2024
Ghanaian Oil Co. Hit With Sanctions In Discovery Fight
A Texas federal judge has slapped sanctions against an African energy company after finding that it lied in Ghanaian court about a discovery dispute related to a case in Ghana, saying attorney fees and costs are appropriate in relation to several proceedings.
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July 31, 2024
Pipeline Cos. Can Join FERC Approval Fight
Companies behind a liquefied natural gas facility in Sonora, Mexico, and the Saguaro Connector Pipeline that will help serve it can weigh in on a challenge of Federal Energy Regulatory Commission approvals for the pipeline, the D.C. Circuit said Wednesday.
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July 31, 2024
Sens. Reveal Bipartisan Trade Bill Streamlining Customs Laws
Two senators from opposite sides of the aisle released a discussion draft and bill Wednesday of their proposed Customs Facilitation Act of 2024, which seeks to modernize U.S. customs laws and streamline processing goods and services crossing U.S. borders.
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July 31, 2024
Dutch Regulators OK Freshfields-Guided Asset Exchange
A Dutch digital asset exchange is touting itself as the first widely accessible and regulated crypto derivatives exchange in Europe after receiving a license from the government of the Netherlands, aided by the guidance of Freshfields Bruckhaus Deringer LLP, the firm has announced.
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July 31, 2024
VW To Give Back Pay To Mexico Factory Workers, USTR Says
The Office of the U.S. Trade Representative has announced a remediation plan at Volkswagen's largest manufacturing plant in Mexico under which the carmaker will reinstate eight workers with back pay and adopt a statement of neutrality toward employees associating with unions.
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July 30, 2024
Colombian Paper Bag Exporter Sues Over Antidumping Duties
A Colombian exporter of paper shopping bags has sued the U.S. government, claiming that antidumping duties were improperly levied against it following allegations from a domestic industry group.
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July 30, 2024
SF Fed Tells 9th Circ. Banks Not Entitled To Master Accounts
The San Francisco Federal Reserve Bank told the Ninth Circuit that it was not obligated to give a master account to an Idaho trade finance fintech, arguing federal law does not make these payment system gateways available to everyone regardless of risk.
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July 30, 2024
Trade Court OKs Erasure Of Duties On Chinese Xanthan Gum
The U.S. Court of International Trade blessed the U.S. Department of Commerce's decision to wipe out antidumping duties on Chinese xanthan gum.
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July 30, 2024
Quinn Emanuel Must Prove Authority In $486M Award Fight
A divided D.C. Circuit panel ruled Tuesday that a lower court should have determined whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent Doraleh Container Terminal SA before deciding whether to enforce a $486 million arbitral award issued against Djibouti.
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July 29, 2024
Fla. Judge Trims Metal Trader's Suit Against Guatemalan Atty
A Florida state court judge has trimmed a defamation-related lawsuit brought by a metal trader, allowing the company's complaint to proceed under a single cause of action alleging that a Guatemalan attorney triggered sanctions against the company by lying to U.S. officials.
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July 29, 2024
'Speculative' Harms Thwart Customs Broker's Bid For TRO
The U.S. Court of International Trade refused to bar the U.S. Customs and Border Protection from requiring a customs broker to remedy alleged violations of two trade programs without first providing facts concerning the purported violations, saying the broker's claimed injuries were "speculative" at best.
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July 29, 2024
S. Africa Advances WTO Citrus Cases To Panel Stage
South Africa is advancing legal challenges against measures the European Union imposed on citrus imports to guard against infestation by both a specific species of moth and a fungus that blemishes fruit rinds, calling for the establishment of two World Trade Organization dispute panels.
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July 29, 2024
Ex-Vitol Oil Trader Can't Unwind Conviction After Bribery Trial
A New York federal judge refused Friday to acquit former Vitol Oil Group trader Javier Aguilar or grant him a new trial following his February conviction on charges that he bribed Ecuadorian and Mexican officials to win $500 million in business deals for the global energy and commodities company.
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July 29, 2024
MoneyGram Opposes CFPB, NY's 'Futile' Bid To Bolster Case
MoneyGram told a New York federal judge that the state and federal regulators' bid to update their complaint against the remittance service is a "bad faith attempt" to "salvage" a case that should either be transferred to MoneyGram's home district of Texas or tossed entirely.
Expert Analysis
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A Timeline Of Antisemitism Legislation And What It Means
What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Unpacking Pressures, Trends Affecting Global Supply Chains
A recent HSBC report reveals a number of trends and challenges for global supply chains in the current uncertain geopolitical landscape, and with constant emerging opportunities, companies that can stay informed, be proactive and adapt to change will be well positioned to succeed, says Michelle Craven-Faulkner at Shoosmiths.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.