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International Trade
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September 24, 2024
Ukraine Oil Co. Says Russia Can't Buy Time In $5B Award Suit
Ukraine's state-owned oil and gas company has asked a D.C. federal court not to pause its lawsuit to enforce a $5 billion arbitral award against Russia while set-aside proceedings in the Netherlands play out, arguing that the Kremlin is just stalling.
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September 24, 2024
Neurosurgeon Deems Judge Newman's Brain 'Entirely Normal'
A third doctor has found that suspended U.S. Circuit Judge Pauline Newman, 97, is not cognitively impaired and that there's no reason to keep her off the bench, according to a report released by her attorneys Tuesday.
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September 24, 2024
Appeals Court Finds LNG Project Claims Barred By Arbitration
An arbitration between a Kinder Morgan affiliate and a U.S. energy company concerning an abandoned gas project foreclosed a later breach of contract case from the U.S. company's Italian parent, a New York appeals court ruled Tuesday.
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September 24, 2024
Pilates Co. Stretches Patent Campaign To ITC
A San Francisco pilates equipment maker has persuaded the U.S. International Trade Commission to hear its patent infringement case against an assortment of companies that one of its lawyers calls "Chinese knockoff artists."
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September 24, 2024
Star Witness Against Bankman-Fried Gets 2 Years In FTX Case
A Manhattan federal judge sentenced former cryptocurrency executive Caroline Ellison to two years in prison Tuesday, crediting her decision to testify against FTX founder Sam Bankman-Fried but saying the $11.2 billion fraud was too big to warrant a "get out of jail free card."
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September 24, 2024
CDC Defends Dog Import Ban As Needed Rabies-Fighting Tool
The U.S. Centers for Disease Control and Prevention urged a Michigan federal court to deny hunting groups' efforts to lift an import ban on young dogs, saying the ban was crafted to prevent imports of rabies-infected dogs.
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September 24, 2024
Exxon Claims It Beat Weak Defense In $1.8B Tax Trial
Exxon Mobil urged a Texas federal judge to find that it defeated what it called a scattered defense by the U.S. government during a five-day bench trial in April when the company argued for a $1.8 billion tax refund on its natural gas deal with Qatar, according to newly released filings.
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September 24, 2024
Sentencing For Sen. Menendez, 2 Associates Delayed 3 Mos.
Former U.S. Sen. Bob Menendez and two businessmen will be sentenced in 2025 following the trio's conviction on bribery charges, according to a New York federal court order that pushed the dates back three months.
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September 23, 2024
Lowe's Customer Fights Arbitration Bid In 'Made In USA' Suit
A Lowe's customer opposed the retailer's bid to cut down his proposed class action accusing the company of falsely advertising its safety gloves as U.S. made, telling a Michigan federal court Lowe's has no grounds to send his claims to individual arbitration or relocate the dispute to North Carolina.
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September 23, 2024
PDVSA Can't Escape Oklahoma Co.'s Expropriation Suit
A D.C. federal judge has ruled that Venezuela's state-owned oil company must face an Oklahoma-based petroleum contract drilling company's lawsuit after its drilling rigs in the country were seized at gunpoint more than a decade ago, saying the drilling company had shown its assets were illegally expropriated.
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September 23, 2024
Biden Admin Seeks To Ban Certain Chinese, Russian Car Tech
The Biden administration proposed a new policy Monday that would ban automakers from importing and selling vehicles in the U.S. with certain connectivity components made in China or Russia that pose national security risks, in an effort to protect U.S. infrastructure and American consumers.
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September 23, 2024
Trade Commission Spares Chinese Wine Bottles From Duties
The U.S. International Trade Commission found that Chinese glass wine bottles that are subsidized by Beijing are not harming U.S. producers, sparing the imports from steep countervailing duties from the U.S. Department of Commerce.
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September 20, 2024
IMF Promotes Deputy General Counsel To Top Job
The International Monetary Fund has promoted from within to fill the general counsel position held by Rhoda Weeks-Brown since 2018.
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September 20, 2024
Sens. Kaine, Romney Seek To Deter China's 'Maritime Militia'
Sens. Tim Kaine, D-Va., and Mitt Romney, R-Utah, introduced a bill that would allow sanctions on foreign adversaries' "maritime militias," saying the aim is to end China's use of military vessels disguised as commercial fishing ships to take over disputed territory in the South China Sea.
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September 20, 2024
ITC Has Been Launching Fewer Section 337 Investigations
Intellectual property activity at the U.S. International Trade Commission has "decreased somewhat," the agency said in a report Friday.
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September 20, 2024
Judge Won't Toss Fraud Suit Against Crypto-Forex Co. Execs
A Florida judge decided that the CEO and a founding shareholder of purported foreign exchange currency broker FxWinning Ltd. have sufficient ties to Florida to keep them among the defendants of a suit alleging the business and its operators perpetrated a multimillion-dollar fraud.
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September 20, 2024
CFPB Pitches Remittance Rule Tweak For Consumer Inquiries
The Consumer Financial Protection Bureau moved Friday to revise a longstanding remittance disclosure requirement, saying the agency thinks the wording may be causing it to get inundated with thousands of phone calls from consumers asking about their international money transfers.
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September 20, 2024
Amazon Seller Rips Rival As 'Bully' In Fake Reviews Suit
A maker of jump starters for cars on Thursday urged an Ohio federal court to reject a sanctions bid by a Chinese competitor that it accuses of posting fake reviews on Amazon in order to win market share, saying that the company is trying to "bully" its way out of the suit.
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September 20, 2024
Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar
A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.
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September 20, 2024
Mexico Will Challenge $37M Deepsea Mining Award
Mexico will look to annul the $37 million arbitral award issued to a U.S. deep ocean exploration company after its project to develop one of the world's largest seabed phosphate deposits was mothballed, saying the tribunal improperly overlooked its evidence citing environmental concerns.
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September 20, 2024
Charges On Spain's Airport Stake Lifted Amid Arbitration Fight
An English court on Friday lifted charges over a Spanish public airport company's interest in a London airport as part of a U.S. renewable energy company's battle to enforce a multimillion-dollar arbitration award against Spain.
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September 20, 2024
EU Moves To Hike Ukraine Loan To €35B In Case US Pulls Out
The European Commission proposed Friday that the European Union should increase its share of loans to Ukraine backed by frozen and immobilized Russian state assets up to €35 billion ($39.1 billion) from about €18 billion in case the U.S. backs out of its part of a Group of Seven agreement.
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September 19, 2024
Trade Court OKs Reduced Tariffs On Chinese Wood Floors
The U.S. Court of International Trade greenlet revised antidumping tariffs on Chinese wood flooring, saying the reduction addressed its concerns with how the U.S. Department of Commerce calculated the tariffs for Chinese producers outside Beijing's control.
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September 19, 2024
FERC Must Heed DC Circ. 'Shift' On Gas Reviews, Chair Says
Federal Energy Regulatory Commission Chairman Willie Phillips said Thursday that the D.C. Circuit wrongly wiped out the agency's approval of a Northeast pipeline expansion project, but acknowledged that recent court decisions will force FERC to rethink how it reviews gas infrastructure projects.
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September 19, 2024
Feds Defend At-Sea Monitoring Rule Despite Chevron Demise
The federal government is defending its power to require fishermen to partially fund the cost of compliance monitors aboard their ships, arguing to the D.C. Circuit that the demise of the so-called Chevron deference doesn't change the fact that federal law authorizes the at-sea monitoring rules.
Expert Analysis
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Best Practices For Responding To CBP's Solar Questionnaire
U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.
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A Look At US-EU Consumer Finance Talks' Slow First Steps
The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.