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International Trade
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September 04, 2024
US Steel, Nippon Defend Deal After VP Harris Voices Concern
U.S. Steel and Nippon Steel on Wednesday reiterated the value they see in their planned $14.9 billion merger, despite opposition voiced by Vice President Kamala Harris, President Joe Biden and former President Donald Trump.
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September 03, 2024
DOJ Charges Senior Hamas Leaders Over Oct. 7 Attacks
The U.S. Department of Justice on Tuesday announced criminal charges against six senior Hamas leaders the agency said had "central roles" in planning, supporting and perpetrating the Oct. 7 Hamas attack in Israel.
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September 03, 2024
Army Corps Gets 150K Comments Against Enbridge Pipeline
Environmental, health and faith groups have joined the Bad River Band of the Lake Superior Tribe of Chippewa Indians in submitting about 150,000 comments to the U.S. Army Corps of Engineers opposing Enbridge Inc.'s plans to reroute its controversial Line 5 pipeline.
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September 03, 2024
Feds Abandon $12M Somali Fraud Case Against Atty
The U.S. government has dropped its Maryland federal court case against a lawyer who was set for trial this year on charges of misappropriating over $12 million in Somali state assets, citing "pre-trial evidentiary rulings."
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September 03, 2024
Nigeria To Take Sovereign Immunity Ruling To US Justices
Nigeria intends to ask the U.S. Supreme Court to review a D.C. Circuit decision nixing its sovereign immunity defense in litigation to enforce a $65 million arbitral award against it, arguing that the appellate opinion extends a circuit split on treaty interpretation.
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September 03, 2024
ITC Clears Amazon In Video Processing Patent Case
The U.S. International Trade Commission has voted to reject infringement claims against Amazon over patents in the field of video processing, affirming a judge's initial finding with some modest adjustments.
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September 03, 2024
Fed. Circ. Has Questions About Data On Solar Duty Review
The Federal Circuit struggled Tuesday morning to piece together the facts in an appeal from the U.S. Court of International Trade over anti-dumping duties on Chinese solar cells, with a judge at one point declaring that "neither side, it seems to me, has provided a coherent explanation."
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September 03, 2024
2nd Circ. Backs Toss Of Ericsson Investors' ISIS Bribes Suit
The Second Circuit on Tuesday upheld a New York federal judge's decision to toss an investor class action against telecom giant Ericsson and several members of its top brass over claims that they hid knowledge of possible bribes to the Islamic State from U.S. investors and committed other violations of federal securities laws.
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September 03, 2024
Maduro's Private Jet Seized In Fla. Over Sanctions Violation
Federal officials have seized a private jet used by Venezuelan President Nicolás Maduro and his affiliates, alleging that it was purchased illegally using a shell company and smuggled out of Florida in violation of sanctions and export control laws, according to the U.S. Department of Justice.
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September 03, 2024
5th Circ. Hesitant To Call Tornado Cash 'Entity'
A Fifth Circuit panel prodded the U.S. Department of the Treasury's argument that Tornado Cash counts as a corporation-like organization, telling the agency that its reasoning for calling the sanctioned crypto mixer an entity was "slippery" during oral arguments Tuesday.
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September 03, 2024
Fed. Circ. Panel Questions CIT Ruling On Cookware Duty
A Federal Circuit panel expressed skepticism of a U.S. Court of International Trade decision last year to deny first-sale treatment for a California cookware distributor's Chinese imports, saying the key step in determining the level of duties seemed to be largely based on the absence of certain evidence the government didn't even subpoena to obtain.
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September 03, 2024
Manhattan DA's Art Seizure Unit Hit With New Calif. Challenge
A private art collector has filed a California federal lawsuit fighting the Manhattan district attorney's investigation into his ancient Roman statue, joining a small but growing number of legal challenges to the New York prosecution unit that seizes and returns allegedly stolen antiquities.
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September 03, 2024
FCC Bans Kaspersky Software In Authorized Equipment
The Federal Communications Commission is banning the use of certain Russian-made cybersecurity and antivirus software from Kaspersky Labs in agency-authorized telecommunications equipment, months after the U.S. Department of Commerce said the software could pose national security risks.
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September 03, 2024
Trustee, Trader Culled From Jury In $1M Brazilian Bribery Trial
A bankruptcy trustee and a commodities trader were among the potential jurors weeded out Tuesday ahead of Wednesday's opening statements in the criminal trial of a Connecticut oil trader accused of bribing officials with Brazil's state-owned oil giant Petróleo Brasileiro SA and its U.S. subsidiaries.
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September 03, 2024
Former Aide To NY Gov. Indicted On Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and ex-Gov. Andrew Cuomo was arrested Tuesday on allegations of secretly acting as an agent of China's government in a yearslong political conspiracy to promote the interests of the Chinese Communist Party and reap millions of dollars.
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September 03, 2024
Feds Float 650% Antidumping Duty On Chinese Paper Plates
The U.S. Department of Commerce previewed antidumping tariffs exceeding 650% on paper plates from nearly two dozen Chinese companies that refused to cooperate with U.S. officials investigating claims that the products are being dumped in the U.S.
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August 30, 2024
Don't Halt Smelter Pollution Suit For Appeal, 8th Circ. Told
Hundreds of Peruvian citizens urged the Eighth Circuit on Thursday not to pause a 17-year-old pollution case for a high court appeal requested by the billionaire owner of a smelter, arguing that the justices were unlikely to overturn rulings allowing the case to proceed.
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August 30, 2024
Keystone Tribunal Says US Didn't Agree To Extend NAFTA Terms
The tribunal that nixed TC Energy's $15 billion claim against the United States over the Keystone pipeline's cancellation found there was no proof the United States had wanted to extend North American Free Trade Agreement protections beyond its replacement date, according to the now-public award.
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August 30, 2024
US Seeks Trade Talks In Dispute Over Canada's Digital Tax
The Office of the U.S. Trade Representative announced Friday that it has requested dispute settlement discussions with Canada regarding the country's recently enacted digital services tax, which the USTR claims discriminates against U.S. companies.
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August 30, 2024
Gov't Contracts Of The Month: Base Networks, Nuclear Power
In August, the U.S. Air Force named the 23 companies that will carry out its $12.5 billion network modernization effort, while a domestic nuclear company agreed to help build the first small modular reactor nuclear power plant in Africa. These are Law360's most noteworthy government contracts for August 2024.
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August 30, 2024
RTX Reaches $200M Deal Over Export Control Violations
RTX Corp. has reached a $200 million settlement with the U.S. Department of State to resolve violations of export control rules, including sending controlled defense items and data to China, the agency announced Friday.
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August 29, 2024
Starbucks Overpromised On 'Reinvention' Plan, Investor Says
Coffee chain Starbucks faces a proposed investor class action alleging it misled the markets about prospects for its so-called Triple Shot Reinvention strategy, hurting investors after trading prices for its shares slid when it announced disappointing quarterly results in April 2024.
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August 29, 2024
Venezuela Ordered To Pay $468M To Packaging Co.
A Dutch subsidiary of Irish sustainable packaging company Smurfit Westrock has been awarded more than $468 million after an international tribunal ruled on Wednesday that Venezuela violated an underlying treaty when it seized the company's operations in the country six years ago.
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August 29, 2024
50 Cent's Liquor Biz Wins Ch. 7 Fight Over Ex-Boss's House
A onetime international liquor trader for rap artist 50 Cent's booze business has lost a bid to protect his Connecticut residence from Sire Spirits LLC's attempt to recover a $7 million New York fraud judgment, with a bankruptcy judge applying a lower state homestead exemption than the indebted trader requested.
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August 29, 2024
Chicago Museum Clinging To Nazi-Looted Art, NY Court Told
A prosecutor in the Manhattan District Attorney's Office argued in court Thursday that the Art Institute of Chicago is ignoring the horrors of the Nazi regime as it "desperately" attempts to hold onto a Holocaust victim's stolen Egon Schiele drawing.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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Navigating The Uncertain Landscape Of Solar Tariffs
Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Fed. Circ. Resolves Post-AIA Question On Prefiling Activity
For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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DC Circ. Int'l Arb. Ruling Leaves Award Holders In Legal Limbo
In NextEra v. Spain, the D.C. Circuit recently ruled that district courts could enforce arbitral awards in energy investors' decadelong dispute with Spain, suggesting award holders could succeed in U.S. courts, but also that foreign sovereigns could render any such victories economically meaningless, says Jeff Newton at Omni Bridgeway.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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How DOJ May Change FARA Exemption In Forthcoming Rule
Any day now, the U.S. Department of Justice is expected to issue proposed revisions to the Foreign Agents Registration Act regulations, and signs suggest that it will likely narrow one of FARA's broadest exemptions, which may compound public confusion about the law's requirements, says Murad Hussain at Arnold & Porter.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.