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International Trade
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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.
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May 14, 2024
Crystallex Special Master Fires Back Against Effort To DQ Him
The special master appointed to oversee the auction of Citgo's parent company to satisfy billions of dollars worth of Venezuelan debt bristled at the country's allegations that he improperly pressured the U.S. to change its sanctions policy to permit the sale to go through.
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May 14, 2024
Ship Had Blackouts Day Before Baltimore Bridge Crash, NTSB Says
A container carrier that slammed into Baltimore's Francis Scott Key Bridge and caused its collapse in March experienced two electrical outages during maintenance the day before it even left port, the National Transportation Safety Board said in a preliminary report Tuesday.
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May 14, 2024
Biden Signs Bipartisan Russian Uranium Products Ban
A ban on the import of Russian uranium will be phased in beginning in August, following U.S. President Joe Biden's signing of bipartisan legislation.
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May 14, 2024
Keep It Short, And Other Advice From Fed. Circ. Judges
Six Federal Circuit judges counseled a packed room of attorneys on Tuesday about the most common ways to ruin their own cases, such as talking too much at oral argument, adding additional citations and attacking judges or opposing counsel.
Expert Analysis
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Compliance Primer: Foreign Investment In US Real Property
The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.
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Bank's Penalties Highlight Key AML Compliance Expectations
Recently, Shinhan Bank America faced coordinated enforcement actions from federal and state financial agencies for ongoing, unremedied anti-money laundering compliance failures, revealing current areas of regulatory oversight and focus, including expectations that AML compliance data systems provide a 360-degree view of customers, say attorneys at Jenner & Block.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A
Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.
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Key Terms Of European Hydrogen Bank's 2023 Pilot Auction
The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Int'l Regulatory Collabs Can Expedite Pharma Approvals
Recent announcements highlight the growing importance of international regulatory collaboration for drug approval, which can greatly streamline the process for companies seeking to market their drugs in other countries, say Geneviève Michaux and Christina Markus at King & Spalding.
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Justices' Cert. Denial Of Terrorism Suit Means For Banks
The U.S. Supreme Court's denial of certiorari in Freeman v. HSBC Holdings lets stand the Second Circuit's decision on the narrow scope of conspiracy liability under the Justice Against Sponsors of Terrorism Act, providing protection for banks that otherwise could have faced liability for finance activities with limited connections to third parties' unlawful acts, say attorneys at Sidley.
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How Hamas' Attack May Further Complicate Sanctions Risk
In the wake of Hamas' attack on Israel, we anticipate that Western governments' attempts to further target Hamas and its enablers will make sanctions compliance for organizations operating within Gaza and the West Bank even more challenging, say Jason Prince and Sophie Davis at Crowell & Moring.
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Why US Should Help European Efforts To Fix SEP Licensing
The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Opinion
Forging A Fair Path For Standard-Essential Patents In India
The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.