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International Trade
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July 12, 2024
Fed. Circ. Probes Case With Apple Watch Import Ban At Stake
In a case that could lead to a U.S. International Trade Commission import ban on the Apple Watch amid a patent dispute with AliveCor, Federal Circuit judges asked both companies Friday why a patent office tribunal that invalidated the patents didn't see evidence from the ITC case.
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July 12, 2024
Menendez Bribery Case Goes To Jury
A Manhattan jury began deliberating Friday over bribery and other charges against Sen. Robert Menendez and two New Jersey businessmen after hearing hours of instructions in the 18-count case and eating their final lunch with five alternates.
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July 12, 2024
Republican Presses Tai For Info On E-Commerce Shift
Rep. James Comer, R-Ky., pressed the Biden administration's top trade official for more information on why the president withdrew from digital trade talks at the World Trade Organization, threatening "compulsory action" if she failed to provide meaningful answers.
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July 12, 2024
Alberta Oil Co. Calls Out US 'Bad Faith' In Keystone Suit
A publicly owned marketing firm for Alberta's crude oil industry is urging an international tribunal not to separate out jurisdictional issues in its $1.14 billion claim against the U.S. over the cancelation of the Keystone XL pipeline, calling out the Biden administration's "apparent bad faith conduct."
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July 12, 2024
Litigation Funding 'Abuses' Targeted By Federal Lawmakers
Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.
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July 12, 2024
Judge OKs Another Penalty Duty Over Chinese Loan Program
The U.S. Department of Commerce justifiably penalized a Chinese aluminum importer over Beijing's refusal to disclose information on an export loan program, the U.S. Court of International Trade said, finding the importer hadn't filled the gap in the record.
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July 12, 2024
VW Supplier's Antitrust Suit Belongs In Germany, Texas Judge Says
A Texas federal judge has dismissed an antitrust lawsuit filed by an auto parts maker against Volkswagen after finding that the German judicial system rather than the U.S. district courts would be the best place for these claims to be litigated.
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July 11, 2024
Whispers, Curses As Menendez Trial Inches Toward Jury
Federal corruption prosecutors wound down their bribery case against Sen. Robert Menendez Thursday with a mixture of dramatic into-the-mic whispering and reliance on the adjective "damn" as they argued that nothing in the tale would make sense without the alchemizing element of crime.
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July 11, 2024
Western Union Owes $8M For Soured Deal, Vendor Says
A Taiwan-based manufacturer of point-of-sale devices launched a lawsuit against Western Union in Colorado federal court, accusing it of ordering about 25,000 POS terminals worth roughly $8 million and then backing out of the transaction and refusing to pay after the vendor had already started making the devices.
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July 11, 2024
Commerce Aims To Codify Duty Probe Practices For NMEs
The U.S. Department of Commerce proposed regulations on Thursday to formalize practices developed since the 1990s to assess duties on imports from nonmarket economies, including denying lower tariff rates to businesses determined to be heavily controlled by their governments.
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July 11, 2024
Calif. Nabs $50M Deal With Oil Traders In Gas Price-Rigging Suit
California secured a $50 million settlement with oil trading companies Vitol and SK Energy, resolving allegations that the companies schemed to artificially inflate gas prices in the Golden State after an Exxon Mobil Corp. refinery exploded in 2015, California's attorney general announced Wednesday.
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July 11, 2024
Trade Court Backs Nonevasion Finding For Aluminum Tariffs
The U.S. Court of International Trade blessed U.S. Customs and Border Protection's remand determination that aluminum extrusion importers weren't evading tariffs, saying CBP explained it couldn't maintain its original evasion finding after reviewing data it had initially disregarded.
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July 11, 2024
Former EuroChem CEO Escapes EU Sanctions
The European General Court has lifted sanctions on the former chief executive officer of Russian fertilizer manufacturer EuroChem, finding there is not enough evidence to show the businessman is still involved in sectors generating revenue for the Russian government.
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July 11, 2024
Feds Say Chinese, Turkish Importers Skirting Refrigerant Duty
The U.S. Department of Commerce on Thursday found that refrigerants imported from China and Turkey are skirting an antidumping duty order on Chinese hydrofluorocarbon, exposing the imports to duties exceeding 200%.
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July 11, 2024
Patent Cases To Watch In The Second Half Of 2024
A U.S. Supreme Court case over the reach of the judicially created double patenting doctrine and a dispute over which patents branded drugmakers can list in a federal database are among the cases attorneys will have their eyes on for the rest of the year.
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July 11, 2024
Biden Floats $2B To Drive US Auto Industry's EV Pivot
The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.
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July 10, 2024
Magnets Co. Must Face Export Control Violation Claims
A magnetics manufacturer couldn't ditch criminal charges that it shipped sensitive defense-related schematics to Chinese companies without a federal license, after a Kentucky judge ruled that it bears the burden of showing the data qualified for exceptions under export regulations.
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July 10, 2024
Chiquita Says Ecuador Banana Co. Prez Must Be Jailed
Chiquita Brands International asked a Florida federal court Wednesday to issue an arrest warrant for the president of an Ecuadorian banana exporter that has ignored court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.
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July 10, 2024
Judge Newman Faces More Hurdles In Bid To End Suspension
With the dismissal of Federal Circuit Judge Pauline Newman's lawsuit against her colleagues over her suspension, experts say she faces significant challenges in securing a different outcome on appeal or persuading the court's other judges to let her hear cases again.
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July 10, 2024
GOP Bombards Agencies With Demands After Chevron's End
Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.
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July 10, 2024
Vidal Directs PTAB To Review Nerf 'GelFire' Toy Gun Patents
The director of the U.S. Patent and Trademark Office has overturned Patent Trial and Appeal Board decisions not to institute reviews of three patents covering Hasbro Inc.'s Nerf "GelFire" toy gun.
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July 10, 2024
Airgun Co. Drops Counterclaim Against Swedish Supplier
An American airgun seller has dropped its counterclaim alleging in the North Carolina Business Court that its Swedish supplier sabotaged a business relationship as part of a deal to end a court battle between the two former partners.
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July 10, 2024
Engineer Who Faced Export Charges Cops To Tax Counts
A Chinese-born engineer has pled guilty to two counts of filing a false tax return related to allegations that he and his wife omitted gross income from their tax returns between 2015 and 2019, after Texas federal prosecutors initially charged the couple with export violations and fraud.
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July 10, 2024
CBP Clears Apple Watch Of Infringing Heart Monitor IP
U.S. Customs and Border Protection has ruled that redesigned versions of the Apple Watch do not infringe AliveCor's electrocardiogram patents and can be imported, a decision that comes ahead of a consolidated hearing at the Federal Circuit over the same patents.
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July 10, 2024
Key Menendez Witness Faces Scrutiny As Closings Drag On
Closing arguments in U.S. Sen. Robert Menendez's bribery trial are set to go into a fourth calendar day after jurors watched multiple sets of defense counsel Wednesday tear apart the testimony of a key cooperating witness.
Expert Analysis
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Global Cartel Enforcement Looks Set To Intensify In 2024
The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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4 Questions On Groundbreaking New Foreign Bribery Law
The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement
Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Expect National Security Scrutiny Of Higher Ed To Continue
In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.
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Antitrust And ESG: Maximizing Targets, Ensuring Compliance
Jennifer McAlpin at Verizon and Michaela Spero at Amadeus consider the convergence of antitrust and environmental, social and corporate governance factors, providing an executive overview of areas to watch, including mergers and acquisitions, as well as practical implementation tips for general counsel.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Bribery Settlement Gives Insight On DOJ Policies
Chemical company Albemarle’s recent $218 million settlement with the government to resolve foreign bribery claims provides valuable data points for companies on the U.S. Department of Justice’s voluntary self-disclosure policy and its clawback pilot program, say Michael DeBernardis and Tiauna Mathieu at Hughes Hubbard.
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Opinion
Waiving COVID-19 IP Protections Would Harm US Industry
President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.