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International Trade
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June 03, 2024
Glycine Co. Couldn't Compel Cooperation, Trade Court Told
The U.S. Department of Commerce wrongly labeled an Indian glycine company as noncooperative after its unaffiliated suppliers declined to participate in a tariff review, the company said in a motion calling to unwind its penalty duty rate Monday.
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June 03, 2024
Ericsson Says It Has Completed DPA Compliance Monitorship
Swedish telecom giant Ericsson announced Monday that it has completed a four-year compliance monitorship imposed by the U.S. Department of Justice as part of a deferred prosecution agreement over long-running bribery and slush fund schemes around the world.
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June 03, 2024
Slipshod Shipping Cost Analysis Lands Commerce Remand
The U.S. Department of Commerce must check its work on duties covering mobile lift equipment after the U.S. Court of International Trade deemed its shipping cost data analysis a "mixed bag" that could have led to a different rate.
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June 03, 2024
States Say Biden Admin's LNG Export Pause Is Actually A Ban
A coalition of Republican-led states is urging a Louisiana federal court not to toss its lawsuit challenging the Biden administration's pause on reviewing applications to export liquefied natural gas to countries without free trade agreements, saying the pause effectively amounts to a ban because no timeline is provided.
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May 31, 2024
Ex-DEA Agent Told Jury Chiquita Was 'Victimized' By Militants
A former U.S. Drug Enforcement Administration agent took the stand Friday in the federal trial against Chiquita Brands International Inc., testifying to jurors in Florida court that right-wing paramilitary group Autodefensas Unidas de Colombia was the leading supplier of cocaine and "victimized" the company by using it to smuggle drugs.
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May 31, 2024
Nord Stream 2 Says EU Pipeline Regs Violate Int'l Law
The Russian majority-owned company behind the development of a politically sensitive natural gas pipeline from Russia to Germany has resumed its efforts to convince an international tribunal that the European Union's "sole objective" in amending regulations for the natural gas market was to complicate the pipeline project.
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May 31, 2024
Samsung Strikes First With Smart Ring IP Suit Against Oura
Samsung has yet to announce a release date for its new Galaxy Ring brand of wearable, health-tracking devices, but it has filed an intellectual property suit in California federal court Thursday targeting a Finnish startup that makes its own line of smart rings.
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May 31, 2024
Chinese Nationals Nabbed In $12M Counterfeit Apple Scam
The U.S. Department of Justice announced Friday that five Chinese nationals are accused of running a massive scheme to return thousands of counterfeit iPhones, iPads and other Apple products in exchange for genuine devices, costing the tech company at least $12.3 million in losses.
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May 31, 2024
US, Mexico Reach Truce On Steel Factory Labor Violations
A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review the matter, the Office of the U.S. Trade Representative said.
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May 31, 2024
Trade Commission Advances Indian Ceramic Tile Probe
The four commissioners of the U.S. International Trade Commission voted unanimously Friday to advance anti-dumping and countervailing duty investigations into ceramic tile imports from India, backing evidence nine U.S. producers proffered to show harm from the overseas competition.
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May 31, 2024
Electrolux Calls For Duties On Refrigerators From Thailand
A subsidiary of Swedish appliance maker Electrolux is calling on the U.S. to place anti-dumping duties on top-freezer refrigerator imports from Thailand, alleging in a duty petition that a surge of unfairly traded imports has been undercutting domestic sales.
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May 31, 2024
Venezuela Can't DQ Special Master As Citgo Auction Looms
Venezuela has again fallen short in its efforts to disqualify the special master overseeing the auction of Citgo's parent company to satisfy billions of dollars worth of the country's debt, after a Delaware judge ruled on Friday afternoon that its motivations behind the motion are "suspect."
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May 31, 2024
Trade Court Orders Commerce Redo Of Brazilian Honey Duties
The U.S. Court of International Trade ordered the U.S. Department of Commerce to reconsider substituting certain facts for information the department said a Brazilian honey producer withheld, saying the producer did provide the requested information.
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May 31, 2024
Netgear Wins Most Of Its ITC Case Against TP-Link
An administrative judge at the U.S. International Trade Commission largely ruled in favor of Netgear in its case that accused Hong Kong-based network equipment rival TP-Link of infringing its patents.
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May 31, 2024
Mountain Of Messages Dominates Week 2 In Menendez Trial
The wife of U.S. Sen. Robert Menendez asked her "handsome senator" husband for a favor that allegedly furthered a bribery scheme, coached him on what to say to Egyptian officials, and let an attorney use her phone to make a deal with him, jurors learned during the second week of trial in the government's corruption case.
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May 31, 2024
Gov't Contracts Of The Month: Health, Spacecraft And Bombs
The U.S. Defense Health Agency unveiled contracts worth tens of billions of dollars in May, including a scrutinized $43 billion medical staffing vehicle, and the National Aeronautics and Space Administration added $6 billion to a spacecraft deal. Here, Law360 looks at some of the most noteworthy government contracts over the last month.
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May 30, 2024
Feds Overly Constricted Extrusion Exclusion, Importer Says
The U.S. Department of Commerce misinterpreted language outlining a carveout from duties on aluminum exclusions from China to make it overly restrictive, according to an importer calling for a speedy decision from the U.S. Court of International Trade.
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May 30, 2024
Venezuelan Oil Co. Looks To Slip Asset Seizure Suit
An Oklahoma-based oil drilling company insisted Thursday that the D.C. federal court has jurisdiction to decide claims that the company's Venezuelan subsidiary was illegally expropriated without compensation as Venezuela's state-owned oil company looks to slip the long-running suit.
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May 30, 2024
ITC Judge Clears Amazon In Video Tech Co.'s Patent Case
A U.S. International Trade Commission judge has found that Amazon hasn't broken federal patent trade law by importing streaming products, dealing a setback to video technology company DivX LLC in its infringement case.
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May 30, 2024
Solar Tech Co. Faces Investor Suit Over Slow '23 Growth
Energy technology company Enphase Energy Inc. has been hit with a proposed shareholder class action alleging the company and its executives failed to disclose slow growth trends, including a decrease in battery shipments, resulting in share price declines when the information was revealed to investors.
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May 30, 2024
EU Court Rejects Appeal Over Spanish Port Tax Breaks
The European Union's Court of Justice on Thursday upheld a lower court ruling that corporate tax exemptions Spain extended to seaports were illegal state aid, brushing aside arguments that a more thorough economic analysis was warranted to prove the tax breaks bestowed an unfair advantage.
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May 30, 2024
Commerce Pours Up 203% Duties For Chinese Wine Bottles
The U.S. Department of Commerce set early duties of 202.70% on wine bottles made by eight Chinese manufacturers who did not respond to the agency's questions, while the lone cooperator landed a preliminary rate of 21.14%.
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May 30, 2024
SF Fed Lacked Good Reason To Deny Account, 9th Circ. Told
An Idaho trade fintech urged the Ninth Circuit to revive its bid for a master account, saying the Federal Reserve Bank of San Francisco denied its application despite foreign banks potentially accessible to terrorists having access to the U.S. financial system.
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May 30, 2024
Menendez's Wife Hires Coburn Greenbaum For Bribery Case
Nadine Menendez, wife of U.S. Sen. Robert Menendez, has hired Coburn Greenbaum & Eisenstein PLLC partner Barry Coburn to defend her in the government's case accusing her and her husband of accepting bribes from three businessmen.
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May 30, 2024
Enviro Groups Launch Fresh Alaska LNG Fight In 9th Circ.
Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.
Expert Analysis
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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A Guide To New Russia Sanctions For Foreign Financial Cos.
Attorneys at Foley Hoag take foreign financial companies on a deep dive into the compliance advice the U.S. Office of Foreign Assets Control issued after President Joe Biden's December executive order widened a Russian import ban and authorized sanctions against businesses that transact with Russia's military-industrial base.
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How Russia Sanctions Bills Could Reshape Asset Forfeiture
Several U.S. legislative proposals to seize billions in frozen Russian assets for post-war reconstruction of Ukraine would bypass traditional asset forfeiture guardrails, making it crucially important that practitioners remain vigilant and understand when to proactively engage with the government, say attorneys at Kasowitz.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Opinion
Stakeholder Amici Should Be Heard In Russian Trade Case
Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.
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US Cos. Must Guard Against Russian Diversion Of Goods
Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.