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International Trade
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September 10, 2024
Apple Illegally Obtained €13B In State Aid, Top EU Court Rules
The European Union's highest court ruled on Tuesday that Ireland illegally granted Apple state aid in past tax rulings, requiring the U.S. technology giant to repay €13 billion ($14.3 billion) in back taxes as well as interest.
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September 09, 2024
House OKs Bill To Bar Contracts With Chinese Biotech Cos.
Driven by concerns about U.S. genetic data being shared with the Chinese government, House lawmakers passed a bill on Monday to bar federal agencies from buying certain biotechnology linked to the Chinese government or from contracting with firms that use those products.
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September 09, 2024
Investor-State Awards Have Grown Tenfold, New Report Says
The average amount of awards issued to investors that prevail in investor-state claims has increased tenfold, to around $256 million, since 2003, according to a new United Nations report.
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September 09, 2024
Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing
A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.
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September 09, 2024
Trade Panel Says Israeli Brass Rod Harms US Producers
Brass rod imports from Israel are economically harming the U.S. industry, the U.S. International Trade Commission ruled Monday, setting the stage for the U.S. Department of Commerce to enact duties on the products.
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September 09, 2024
Wi-Fi Router Trade Dispute Paused While Makers Finalize Deal
The U.S. International Trade Commission has stayed all deadlines in an intellectual property dispute between Netgear and TP-Link over TP-Link's Wi-Fi router imports as the pair finalizes a settlement resolving the case.
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September 09, 2024
EU Should Loosen Merger Rules To Compete, Report Says
The European Union should loosen its merger rules and reform trade policy and the energy market in order to boost EU competitiveness enough to catch up with the U.S. and China, a former European Central Bank president reported Monday.
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September 09, 2024
EPA Enforcement Alert Issued For Illegal HFC Imports
The U.S. Environmental Protection Agency said it is cracking down on illegal imports of hydrofluorocarbons, potent greenhouse gases that are used in refrigeration and air-conditioning and slated to be phased down.
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September 09, 2024
HMRC Fails To Nab £4B In Small-Biz Tax Evasion, Report Says
HM Revenue & Customs has failed to stop small businesses from dodging more than £4.4 billion ($5.8 billion) in taxes because it lacks a focused strategy to tackle different tax evasion schemes, the U.K.'s National Audit Office reported Monday.
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September 06, 2024
ITC Judge Partially Clears Voltage Of Infringing Solar Patent
North Carolina solar provider Voltage LLC's imports of a "trunk bus" power transmission system infringe a patent owned by Tennessee-based competitor Shoals Technologies Group Inc., but a revised design of the product does not, an administrative law judge of the U.S. International Trade Commission has found.
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September 06, 2024
FDII Covers Overseas Services For US Gov't, Memo Says
Government contractors that provide services to U.S. operations overseas are allowed to claim the deduction for foreign-derived intangible income, the IRS said in one of two internal memos released Friday that address foreign income issues.
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September 06, 2024
US Steel Cos., Workers Seek New Tariffs On Foreign Steel
Domestic steel companies and a labor union are seeking additional antidumping and countervailing duties on corrosion-resistant steel imports, telling U.S. trade officials that overseas producers used unfair trade practices to gain an edge in the U.S. market.
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September 06, 2024
Enviro Groups Challenge FERC Approval Of La. LNG Terminal
Environmental groups and fishermen have called on the D.C. Circuit to slash the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana, saying the move violates federal law and illustrates the agency's "failure to consider and approve projects that are truly in the public interest."
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September 06, 2024
As Biden Looks To Block US Steel Deal, Rival Co. Weighs In
Cleveland-Cliffs is lauding President Joe Biden's reported decision to block U.S. Steel's $14.9 billion planned merger with Nippon Steel and says it is ready to scoop up U.S. Steel's union assets, as the rival steelmaker weighed in on the matter following a flurry of quick developments this week indicating that the Nippon deal is all but dead.
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September 06, 2024
China Complains To WTO About Canada EV Surtaxes
China is looking for the World Trade Organization to step in to address proposed Canadian surtaxes on imported Chinese electric vehicles, steel and aluminum, taxes that a spokesperson for China's Ministry of Commerce said Friday violate the organization's rules.
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September 06, 2024
EU Gears Up For New Commission With A Plea: More Women
European Commission President Ursula von der Leyen is gearing up to distribute the top jobs in foreign trade, economics and antitrust among the new commissioners for their five-year mandate, but she is pressing countries in the bloc to nominate more female candidates.
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September 06, 2024
Judge Newman's Suspension Extended For Another Year
Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.
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September 06, 2024
SEC Accuses Esmark Of Lying About US Steel Bid
A failed bid to acquire U.S. Steel has landed Pittsburgh-based Esmark Inc. in hot water with the U.S. Securities and Exchange Commission, which announced Friday that it had fined the company and its founder for falsely claiming they had the money to buy the manufacturing giant.
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September 05, 2024
ITC To Investigate Synthetic Hair Cos. For Patent Violations
The U.S. International Trade Commission said it's launching an investigation after Atlanta-based JBS Hair Inc. claimed rival companies are importing synthetic hair that infringes ts patents.
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September 05, 2024
Biden To Block US Steel-Nippon, And More Deal Rumors
President Joe Biden is reportedly preparing to block the $14.9 billion merger of U.S. Steel and Nippon Steel, Blackstone and Vista Equity Partners may team up to buy Smartsheet, and Springer Nature is planning an initial public offering. Here, Law360 breaks down these and other notable deal rumors reported over the past week.
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September 05, 2024
Fla. Law Firm Says It's Owed $247K In Fees From Chiquita MDL
A South Florida law firm has urged a federal court to grant it $247,000 for its work in reaching a settlement from the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries, saying a fellow attorney waived objections after failing to meet with other lawyers in the case.
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September 05, 2024
Russian TV Host, Wife Charged With Dodging Sanctions
The host of a television show on Russian state-owned network Channel One Russia and his wife were charged with conspiring to violate U.S. sanctions and money laundering in a pair of indictments unsealed Thursday.
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September 05, 2024
Russia 'History Nerd' Avoids Jail In Probe Of Oligarch Ties
A Manhattan federal judge on Thursday allowed a Soviet Union-born Russia history buff to avoid time behind bars for lying the FBI about his affiliation with an anti-Ukraine group controlled by indicted Russian oligarch Konstantin Malofeyev.
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September 05, 2024
Notice Of Duty Change Not Always Needed, Trade Court Says
The U.S. Court of International Trade trimmed a tent company's efforts to restore duty-free treatment for its see-through, pop-up tent pods, rejecting Thursday the company's claim that customs officials failed to give proper notice that it was reclassifying the imports.
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September 05, 2024
UK Inks 1st International AI Safety Treaty With EU, US
The U.K. government said Thursday it has signed the first binding international treaty governing artificial intelligence safety, with the European Union and the U.S. among those also inking the deal.
Expert Analysis
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Nat'l Security Considerations For Telecom Products Counsel
An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.
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Preparing For Increased Scrutiny Of Tech Supply Chains
The U.S. Department of Commerce's recent action prohibiting sales of a Russia-based technology company's products in the U.S. is the first determination under the information technology supply chain rule, and signals plans to increase enforcement of protections that target companies in designated foreign adversary jurisdictions, say attorneys at Debevoise.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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Takeaways From EU's Initial Findings On Apple's App Store
A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.
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25 Years Of OECD's Anti-Bribery Convention
Marking its 25th anniversary this year, the Organization for Economic Cooperation and Development's anti-bribery convention has advanced legislative reforms and reshaped corporate conduct in dozens of countries amid the persistent challenges of uneven enforcement and political pressure, say attorneys at Debevoise.
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2 Rulings Serve As Conversion Fee Warnings For Banks
A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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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.