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International Trade
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October 03, 2024
East Coast Ports Strike Suspended Under Tentative Wage Deal
After a three-day strike, tens of thousands of dockworkers on the East and Gulf coasts will head back to work because International Longshoremen's Association union leaders reached a tentative wage agreement late Thursday with the group that represents container carriers, marine terminal operators and port employers.
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October 03, 2024
Lowe's Staves Off Defamation Claim In Vendor's Contract Suit
A home accents company accusing Lowe's of maligning its reputation with allegedly unsubstantiated claims about defective products and its financial health can't pursue defamation against the home improvement giant, North Carolina's business court has ruled.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Swiss Man Should Fight Sanctions Case In DC, Judge Says
A D.C. federal judge said a Swiss man accused of skirting sanctions in connection with a 255-foot luxury yacht owned by Russian tycoon Viktor Vekselberg should be required to come to Washington, D.C., to fight the charges.
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October 03, 2024
Trade Court Backs Narrower Duties On Chinese Engines
The U.S. Court of International Trade backed the U.S. Department of Commerce's decision to exclude horizontal lawn mower engines from duties on Chinese vertical engines, saying the remand decision aligns with the court's instructions to rethink the tariffs' scope.
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October 03, 2024
Sens. Question If Payouts Taint Execs' Push For US Steel Deal
Two U.S. senators wrote to U.S. Steel's president and CEO on Wednesday seeking guarantees that a $72 million "golden parachute" deal wasn't driving the executive's willingness to support a $14.1 billion merger with Japanese steelmaker Nippon Steel.
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October 02, 2024
Ex-Airline Exec Sentenced To 32 Months For $32M Scam
A New York federal court has handed down a 32-month prison sentence to a businessman who confessed to a conspiracy to defraud his former employer, Polar Air Cargo Worldwide Inc., of more than $32 million.
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October 02, 2024
Cooley Adds Longtime Jones Day Antitrust Partner In DC
A longtime Jones Day antitrust partner and former Federal Trade Commission attorney has jumped to Cooley LLP, the firm said Wednesday.
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October 02, 2024
Lawyers Fail To Overturn EU Ban On Legal Services To Russia
The European General Court on Wednesday dismissed an attempt by French and Belgian lawyers to overturn prohibitions on providing legal advice to Russia, clarifying that the ban only applies when the advice has no link to judicial proceedings.
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October 02, 2024
NYC Mayor Adams May Face More Charges, Feds Say
Prosecutors told a Manhattan federal judge Wednesday it was "possible" they would charge New York City Mayor Eric Adams with additional crimes in his corruption case, indicating they have evidence he told witnesses to lie to the FBI.
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October 01, 2024
Bribe-Laundering Gets Ecuador Ex-Official 10 Years In Prison
A Florida federal judge on Tuesday sentenced Ecuador's former comptroller to 10 years in prison after a jury earlier this year convicted him on multiple counts related to laundering millions of dollars in bribe money he received in exchange for eliminating fines connected to a defective hydroelectric dam and other projects.
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October 01, 2024
What To Watch As East Coast Ports Strike Roils Supply Chain
The first major strike in 47 years of thousands of dockworkers on the East and Gulf coasts has left importers and exporters bracing for unpredictable and costly disruptions alongside economic upheaval not felt since the thick of the COVID-19 pandemic, experts say.
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October 01, 2024
Russian Indicted, Sanctioned In 'Evil Corp' Ransomware Case
A Russian national described by the U.S. government as the second-in-command of a cybercrime group called Evil Corp has been indicted and hit with sanctions in response to a ransomware attack inflicted on several U.S. companies.
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October 01, 2024
Treasury Plans Final Direct Pay Partnership Regs By Year-End
The U.S. Treasury Department is eyeing the end of the year to finalize regulations for development projects to elect out of their partnership tax status to qualify for a direct cash payment of their clean energy tax credits, an official said Tuesday.
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October 01, 2024
Feds Float Duties On Chinese Foam-Making Chemical
The U.S. Department of Commerce proposed countervailing duties against the Chinese makers of a chemical used to make polyurethane foam, after determining that the producers likely received government assistance that conferred an unfair advantage in the U.S.
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October 01, 2024
When The Client Is The Mayor, The Usual Rules Don't Apply
Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.
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October 01, 2024
Adams Says Feds Sought To 'Tarnish' Him With Leaks
New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.
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September 30, 2024
DC Circ. NextEra Decision Leaves Door Open For Further Args
The D.C. Circuit effectively kicked the can down the road in August when it nixed Spain's jurisdictional objections in litigation to enforce some $395 million in arbitral awards while declining to issue a merits decision, setting up an enforcement battle that could turn on the underlying arbitration regime.
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September 30, 2024
Commerce Dept. Seeks To Streamline AI Development Exports
The U.S. Department of Commerce issued a final rule Monday to streamline the export of items to preapproved data centers in foreign countries, which is intended to help boost the development of artificial intelligence.
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September 30, 2024
Resin Co. Seeks Probe Into 4 Countries' Hexamine Exports
A resin-maker called on the U.S. Department of Commerce on Monday to investigate four countries' exports of a compound used to make explosives, saying foreign producers are selling their products in the U.S. at unfairly low prices.
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September 30, 2024
DC Circ. Urged To Revisit Retroactive FARA Registration
The U.S. Department of Justice is pressing the D.C. Circuit to reconsider a ruling that barred the federal government from suing to compel former foreign agents to register their onetime foreign influence efforts, arguing that the precedent behind the ruling wrongly hamstrings the DOJ's ability to enforce the Foreign Agents Registration Act.
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September 30, 2024
Feds Seek Prison In Tax Case Linked To 'China Initiative'
Prosecutors have asked a Texas federal judge for an 18- to 24-month prison sentence for a Chinese-born engineer who pled guilty to tax crimes after being charged with export violations and fraud in a case the defense claims began as an espionage investigation under the U.S. Department of Justice's now-disbanded "China Initiative."
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September 30, 2024
Chevron-Hess 2nd Oil Merger To Get FTC OK With CEO Ban
A divided Federal Trade Commission signed off Monday on a deal allowing Chevron to buy Hess, permitting the $53 billion megamerger on the condition that Hess CEO John B. Hess be banned from Chevron's board, in the second such CEO-banning deal the FTC has inked in the last year.
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September 30, 2024
Adams Asks To Toss Bribery Charge, Citing Top Court Ruling
New York City Mayor Eric Adams moved swiftly to dismiss the bribery charge from his federal indictment on Monday, arguing that evidence of Turkish officials' gifts to curry favor with him fails to meet a high legal standard laid out by the U.S. Supreme Court.
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September 27, 2024
Corporate Raider Accused Of Shirking $180M SEC Judgment
Corporate takeover specialist Paul A. Bilzerian, accused of ducking a more than $180 million judgment owed to the U.S. Securities and Exchange Commission for decades, was indicted alongside his longtime accountant and his cannabis company on Thursday, California federal prosecutors said Friday.
Expert Analysis
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Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions from the U.S. Government Accountability Office, offering distinct reminders for contractors challenging solicitations while an agency takes corrective action, pursuing post-award bid protests and filing timely cost reimbursement requests.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Increased Scrutiny Raises Int'l Real Estate Transaction Risks
Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.
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Trending At The PTAB: Obviousness In Director Reviews
Three July decisions from the U.S. Patent and Trademark Office favoring petitioners indicate a willingness by the director to review substantive issues, such as obviousness, particularly in cases where the director believes the Patent Trial and Appeal Board provided incorrect or inadequate rationale to support its decisions, say attorneys at Finnegan.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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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.