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International Trade
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August 09, 2024
9th Circ. Wipes Out BNSF's Retaliation Win
The Ninth Circuit on Friday overturned BNSF Railway Co.'s win in a late conductor's retaliation suit on Friday, saying the railroad failed to show it would've terminated the worker regardless of his refusal to stop conducting a brake test — even though the employer has insisted he was mainly fired for insubordination and misreporting his time card.
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August 09, 2024
Bond Denied For Ex-Ecuador Official Convicted In Bribery Plot
A Florida federal judge denied bond to Ecuador's ex-comptroller Friday after a jury convicted him earlier this year of laundering more than $12 million in bribes received in a construction scandal, saying the record would not support releasing him from custody before he is sentenced.
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August 09, 2024
Ex-Mozambique Finance Minister Convicted For $2B Scheme
Mozambique's former finance minister was convicted of wire fraud and money laundering conspiracy charges in connection with his role in the $2 billion "tuna bonds" scandal, prosecutors announced.
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August 09, 2024
DC Circ. Makes Case For Restarting FERC Gas Policy Revamp
The D.C. Circuit's recent wipeout of Federal Energy Regulatory Commission approvals of gas infrastructure projects is a sign that the agency should restart a stalled effort to update its decades-old pipeline approval policy, FERC watchers say.
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August 09, 2024
Fla. Forex Trader Gets 24 Years For $57M Ponzi Scheme
A purported foreign exchange trader has been hit with a 24-year prison sentence and a $57 million forfeiture order after pleading guilty to wire fraud and money laundering charges in connection with a Ponzi scheme that took in over 1,100 would-be investors.
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August 09, 2024
3 Notable Trade Disputes Of 2024: A Midyear Report
This year the U.S. Supreme Court refused its last outstanding challenge to the president’s tariff power, a split Federal Circuit panel expanded decades-old duties on plumbing pipes, and the first North American trade pact labor panel tossed Washington’s claims. Here, Law360 revisits the most notable international trade cases of 2024 so far.
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August 09, 2024
Nigeria Must Face $65M Award Suit, DC Circ. Rules
The D.C. Circuit on Friday affirmed a ruling greenlighting litigation to enforce a $65 million arbitration award issued to a Chinese company after it was ousted from Nigeria, saying the country's sovereign immunity defense fails because it agreed to arbitrate the dispute.
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August 08, 2024
ITC Rips Google's Bid To Wield Chevron's End In Sonos Row
The U.S. International Trade Commission on Thursday joined Sonos in urging the Federal Circuit to reject Google's argument that the end of so-called Chevron deference means the appellate court should review precedent on the ITC's patent powers, calling the dispute a "poor vehicle" for such a review.
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August 08, 2024
Amazon Must Face Pandemic Price-Gouging Claims In Wash.
Washington's high court said on Thursday that Amazon can be sued under the state's Consumer Protection Act over alleged price-gouging early in the COVID-19 pandemic, but stopped short of agreeing with customers that the law bars specific markup percentages.
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August 08, 2024
Apple Wins Bid For 2 Trials In IP Dispute With Masimo
A California federal judge will hold separate trials on Masimo Corp.'s trade secrets and patent claims over the Apple Watch, siding with Apple Inc. and rejecting Masimo's request for one later trial on all the issues, in a case with potentially billions of dollars at stake.
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August 08, 2024
Texas LNG Investor's Estate Sues In Del. Over Stake Valuation
The estate of a deceased investor who had a minority stake in a long-delayed liquified natural gas export project in Texas has sued his investment company and co-investors in Delaware's Chancery Court, alleging they are attempting to short-change the estate by undervaluing his stake in the project.
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August 08, 2024
VC, PE Firm Says Chinese Co. Cost $150M SpaceX Investment
A California-based venture capital and private equity firm has sued a Chinese company in California federal court, claiming Elon Musk's SpaceX rejected its planned $150 million investment after the Chinese company breached its promise to abide by strict confidentiality requirements and instead publicized its involvement in the planned investment.
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August 08, 2024
Where Judicial Vacancies Stand As Congress Is In Recess
The U.S. Senate doesn't return for about a month, but when it does, Democrats will be on the final sprint to try to top the 234 judges confirmed in former President Donald Trump's first term.
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August 08, 2024
Green Groups Seek Ban On Imports From Unsafe Fisheries
Environmental groups urged the U.S. Court of International Trade to order NOAA Fisheries to ban imports from fisheries that use equipment dangerous to marine life, saying Thursday that the imports continue to enter the domestic market despite lawmakers mandating a prohibition years ago.
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August 08, 2024
Hunters, Breeder Say CDC Overstepped With Dog Import Ban
Hunting groups and a breeder challenged a U.S. Centers for Disease Control and Prevention rule barring them from bringing young puppies into the U.S., telling a Michigan federal court that the agency overstepped to prevent the spread of rabies.
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August 07, 2024
DOD Contractor Wants No Prison For Parts Sales From Turkey
A Florida defense contractor who admitted to using a front company to supply critical military components that were made in Turkey asked Tuesday for a non-prison sentence, arguing that her participation in the scheme to defraud the U.S. Department of Defense was driven by financial desperation and a misplaced trust in those who ran the operation.
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August 07, 2024
Insurer Wants Bad Faith Claim Tossed In Russian Planes Suit
HDI Global and underwriters of insurance policies on airplanes stranded in Russia have asked a Florida court to toss a bad faith claim by aircraft leasing company Avmax, arguing that bad faith only applies to coverage denials without a reasonable basis and that in this case there has been no denial, and it is "fairly debatable" whether coverage applies.
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August 07, 2024
6th Circ. Backs 20 Years For Chinese Spy Who Targeted GE
The Sixth Circuit upheld a 20-year prison sentence for a Chinese spy convicted of espionage for trying to steal trade secrets from General Electric's GE Aviation unit, noting in an opinion unsealed Wednesday the punishment was reasonable as he continuously pursued the confidential information using sophisticated tradecraft processes for several years.
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August 07, 2024
Robot Vacuum Cleaner Patent Ruling Remains Undisturbed
Federal Circuit judges proved unpersuaded on Wednesday to do anything to touch an administrative board ruling that wiped out most, but not all, of the claims in a patent that allegedly covered a new feature in the Roomba brand of robotic vacuum cleaners.
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August 07, 2024
Split Fed. Circ. OK's Penalty Rates For Taiwanese Nail Cos.
A divided Federal Circuit on Wednesday backed the U.S. Department of Commerce's decision to base Taiwanese nail companies' antidumping duties on penalty rates assigned to businesses that refused to cooperate with investigators, saying the practice was the default method.
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August 07, 2024
Biden Trampled Free Speech With Israeli Sanctions, Suit Says
A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.
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August 07, 2024
Fla. Bank Shareholders Lose Bid To Stop Recapitalization Deal
A Florida federal judge has denied a post-trial bid by Eastern National Bank NA shareholders to halt a recapitalization deal and stop the bank's board from implementing an equity compensation plan following claims that the bank didn't have proper authorization from the U.S. government to implement the plan.
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August 07, 2024
Green Groups Say Export-Import Bank Is Harming Climate
Environmental and animal rights groups on Wednesday asked the U.S. Department of State to order the Export-Import Bank to stop helping fund projects they said are contributing to climate change.
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August 07, 2024
Gun Cos. Exit Mexico's Suit As Judge Cites 'Thin' Mass. Ties
A Massachusetts federal judge on Wednesday dismissed six U.S. gun companies from a suit over Mexican cartel violence after finding the alleged conduct has virtually no ties to the Bay State.
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August 07, 2024
Hong Kong Co. Scores Default Win In $10M Face Mask Suit
A New Jersey federal judge granted a Hong Kong firm a default win in its suit alleging a U.S. health company misappropriated a $10 million investment by overselling its ability to manufacture and sell face masks in the U.S. during the COVID-19 pandemic, ruling that the company has plausibly alleged its claims.
Expert Analysis
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Considering A Practical FRAND Rate Assessment Procedure
As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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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.