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International Trade
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May 07, 2024
DC Circ. Examines Timing In ITC's Bid To Investigate Expert
The D.C. Circuit on Tuesday scrutinized the U.S. International Trade Commission's bid to revive an investigation into a former expert witness retained by Qualcomm for allegedly breaching a protective order, questioning whether the expert's successful suit to stop the probe was premature, as the commission claims.
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May 07, 2024
Commerce Revokes Huawei Export Licenses
The U.S. Department of Commerce has revoked active export licenses for Chinese technology giant Huawei, an agency spokesperson confirmed Tuesday, the same day the company's Intel-powered Matebook X Pro 2024 laptop hit the international market.
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May 07, 2024
DOJ Says Cross-Border Antitrust Trial Must Stay In Houston
Prosecutors have advised Houston's federal court against transferring a criminal case closer to the border, saying their witnesses fear testifying against defendants charged with using violence to control the cross-border sale of used vehicles and other goods in Central America.
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May 07, 2024
Amazon Says Zulily Lacks Standing To Bring Antitrust Claims
Amazon is asking a Washington federal court to throw out now-defunct online retailer Zulily's lawsuit accusing it of using its monopoly power to shut out competition from other online retailers, arguing that Zulily merely "parrots" allegations made by regulators and has singled out "plainly procompetitive practice."
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May 07, 2024
Ways And Means Chairs Decry China Tariff Review 'Inaction'
The chairs of the House Ways and Means Committee and its Trade Subcommittee chided U.S. Trade Representative Katherine Tai in a letter Tuesday over her office's purported "inaction" in reviewing tariffs covering $300 billion worth of goods from China.
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May 07, 2024
Russian Charged Over $100M LockBit Ransomware Scheme
Federal prosecutors said Tuesday they have charged a Russian national with founding and heading the prolific ransomware group LockBit, which is accused of stealing more than $100 million from its victims.
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May 07, 2024
Energy Dept. Says Red States Can't Block LNG Export Pause
The U.S. Department of Energy has asked a Louisiana federal judge to toss a group of Republican-led states' lawsuit challenging a pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying the states have created a "false narrative" about the move.
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May 07, 2024
US Chemical Cos. Say Chinese Refrigerant Duties Are Wrong
Domestic chemical companies called on the U.S. Court of International Trade to scrap new anti-dumping duties on Chinese hydrofluorocarbons, saying the duties were based on economic information from Romania, which allegedly doesn't produce a similar product.
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May 06, 2024
13 Judges Boycott Columbia Clerks Over Protest Response
A group of 13 federal judges told Columbia University's president Monday they won't hire students who attend the university or its law school as clerks, calling it an "incubator of bigotry" for its handling of student protests over the Israeli-Palestinian conflict, according to a copy of their letter that U.S. District Judge Alan Albright shared with Law360.
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May 06, 2024
US Thrashes Mexico's 'Inaccurate' Portrayal Of GMO Corn
The United States has responded to Mexico's ban on imports of genetically modified corn, calling its portrayal of the risks of such crops an unscientific and "inaccurate" description as well as a violation of the United States-Mexico-Canada Agreement.
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May 06, 2024
Feds' Emissions Subsidy Args Lack Specificity, Says Judge
The U.S. Court of International Trade affirmed the government's analysis on two of three criteria required to label South Korea's emissions credit system a countervailable subsidy, but it said the U.S. Department of Commerce came up short on specificity.
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May 06, 2024
CBP Denies Delay To Ban Ivorian Cocoa, Says Probe Is Active
U.S. Customs and Border Protection countered accusations that it is taking too long to ban cocoa imports allegedly harvested using child labor, telling the U.S. Court of International Trade it does not have a statutory deadline to complete its investigation.
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May 06, 2024
Experienced Trade Disputes Atty Joins Baker McKenzie In DC
Baker McKenzie announced Monday that it has hired an experienced attorney with more than a decade spent working on international trade matters as a partner in its Washington, D.C., office.
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May 06, 2024
Menendez Jury Can Hear Of Cash And Gold In Bribe Case
A jury soon to weigh corruption charges against U.S. Sen. Bob Menendez can be told about cash and gold "stuffed in pockets, in a safe, in jackets" in the New Jersey Democrat's home despite his insistence that nothing ties the money to alleged bribes, a judge ruled Monday.
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May 06, 2024
Whiteford Hires Veteran National Security Atty In DC
Whiteford Taylor & Preston LLP has hired a former Eastern District of Virginia assistant U.S. attorney, who has prosecuted high-ranking ISIS terrorists and a myriad of other criminals during his 18 years with the agency's national security and international crime unit.
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May 03, 2024
BTC-e Mastermind Cops To Money Laundering Conspiracy
A Russian national pled guilty Friday to conspiracy to commit money laundering related to his central role in operating the cryptocurrency exchange BTC-e from 2011 to 2017, according to the U.S. Attorney's Office for the Northern District of California.
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May 03, 2024
GoPro Gets ITC To Probe Patent Case Over Camera Imports
The U.S. International Trade Commission said it is going to look into allegations that certain imports of cameras have violated federal law by infringing a variety of patents owned by GoPro.
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May 03, 2024
3rd Circ. Clarifies Review Standard For Derivative Suits
In a precedential ruling Friday declining to revive Cognizant Technology investors' derivative claims over a bribery scandal, the full Third Circuit held that the best way to review such cases on appeal was from the beginning, not giving deference to the lower court's decision or considering whether there was an abuse of discretion.
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May 03, 2024
EU OKs Nippon-US Steel Deal As DOJ Causes Delayed Close
The European Commission on Friday indicated via an annotation on its merger review page that it has given Nippon Steel's controversial $14.9 billion acquisition of U.S. Steel its unconditional approval, a move that comes just a day after the parties announced the deal would be delayed due to further scrutiny from the U.S. Department of Justice.
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May 03, 2024
DC Circ. Backs Feds' Puerto Rico Port Expansion Project
The D.C. Circuit on Friday upheld the federal government's plans to broaden shipping lanes at Puerto Rico's largest port, rejecting arguments from a trio of environmental groups who accused the U.S. Army Corps of Engineers of failing to take the requisite hard look at the dredging project's environmental risks.
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May 03, 2024
Menendez Says Feds' Talk Of Psychiatrist Invaded Privacy
U.S. Sen. Bob Menendez says prosecutors in his corruption case violated a New York federal court order and may have tainted the jury pool by allegedly revealing his sensitive private health information in a publicly filed motion opposing the New Jersey politician's request to introduce expert testimony by a psychiatrist.
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May 03, 2024
US Trade Position Seen Contradicting Stance In Pillar 1 Talks
The U.S. trade representative's withdrawal of support for digital trade proposals has caused tax policy observers to worry that the U.S. position on trade is undermining that of U.S. Treasury Department officials negotiating a taxing rights overhaul at the OECD known as Pillar One.
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May 03, 2024
Final EV Tax Credit Regs Add New Battery Tracing Test
The U.S. Treasury Department unveiled final regulations Friday for the up to $7,500 electric vehicle tax credit that include a more detailed process for automakers to trace the battery supply chain to qualify for the credit's domestic content requirements.
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May 02, 2024
DOJ Wants More Info On Controversial US Steel-Nippon Deal
U.S. Steel revealed Thursday it has received a second request for information from the U.S. Department of Justice about its controversial plan to be sold to Japan's Nippon Steel Corp., but it said the deal is on track to be completed in the second half of this year.
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May 02, 2024
Gov't Proposes Buy Ban Rule For Certain Semiconductors
The Federal Acquisition Regulatory Council said Thursday it is planning to implement a ban on federal purchases of semiconductor products from U.S. adversaries, asking for feedback from contractors on how prescriptive the pending rule should be.
Expert Analysis
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DOJ Officials' Remarks Signal New Trends In FARA Activity
Three U.S. Justice Department officials' remarks at a recent forum reinforce the department's renewed focus on aggressively enforcing the Foreign Agents Registration Act, which has been transformed into a significant national security and criminal enforcement tool, and its efforts to tightly regulate the activities of foreign agents in the U.S., say attorneys at Covington.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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What US-Canada Critical Minerals Collab Means For Cos.
Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.
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Expect CFPB Flex Over Large Nonbank Payment Cos.
A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Mitigating Antitrust Risk Amid Increased Dealmaking Scrutiny
While deals continue to get done despite 60% of significant merger investigations in the U.S. last year concluding with a complaint or abandoned transaction, private equity firms should identify and assess potential antitrust risks and develop strategies to mitigate them early in the deal process, say attorneys at Dechert.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Business Takeaways From Biden's Global Labor Rights Memo
President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.
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1 Year In, Money Laundering Law Tweak May Have Big Impact
Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.
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How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing
The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.