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International Trade
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May 14, 2024
Convicted Fraudster Says Exchanges With Atty Are Privileged
A convicted fraudster who had his sentence commuted by then-President Donald Trump — now charged with launching another scam shortly after leaving prison — is embroiled in a fight with New Jersey federal prosecutors over his attempt to assert attorney-client privilege for communications with an Israeli attorney who allegedly participated in the scheme.
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May 14, 2024
Int'l Trade Commission Confirms Asia Is Dumping Steel Shelves
The U.S. International Trade Commission unanimously voted Tuesday that boltless steel shelves from Malaysia, Taiwan, Thailand and Vietnam are hurting the domestic industry by being sold in the U.S. at unfairly low prices.
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May 14, 2024
UniCredit Bids To Toss $69M Plane Payment Sanctions Ruling
UniCredit urged an appeals court on Tuesday to overturn a ruling that it was not reasonable for its London branch to believe it was prohibited from making $69.3 million in payments to three Irish lessors tied to aircraft held in Russia because of Western sanctions.
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May 14, 2024
Biden More Than Doubles Tariffs On Chinese EVs, Solar Cells
The U.S. will more than double tariffs on a range of Chinese goods, including electric vehicles and their batteries, steel, semiconductors and solar cells, in response to allegedly unfair trade practices and overproduction, the White House announced Monday.
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May 13, 2024
Sens. Slam DOJ's Money Transmitting Biz Interpretation
A pair of U.S. senators say they have "significant concerns" about how the U.S. Department of Justice is interpreting the definition of "money transmission" in two recent criminal actions over crypto mixers, warning that such an interpretation "threatens to criminalize core elements of Bitcoin and other crypto networks."
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May 13, 2024
Trade Court Judge Objects To Nippon's New Duty Arguments
Nippon Steel Corp. struggled Friday to convince the U.S. Court of International Trade that national security tariffs should not have factored into its anti-dumping duty rate, as Judge Stephen Vaden criticizing its counsel for introducing new arguments in court.
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May 13, 2024
House Bill Seeks More Commerce Dept. Control Of AI Exports
Technology companies may soon be required to implement security checks before collaborating with Chinese artificial intelligence labs with military ties, under a bipartisan bill introduced last week in the U.S. House of Representatives.
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May 13, 2024
Vietnamese Fish Exporter Sues Over 'Vague' Duty Instructions
A Vietnamese frozen fish fillet producer filed suit at the U.S. Court of International Trade, claiming the U.S. Department of Commerce erroneously calculated an anti-dumping duty rate for its products and then issued instructions subjecting it to a higher rate.
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May 13, 2024
'Gamesmanship' Lecture Launches Menendez Bribery Trial
The corruption trial of U.S. Sen. Robert Menendez started Monday with a stern admonition from U.S. District Judge Sidney Stein after the government and defense lawyers squabbled over pretrial disclosures, and a message that the jury may be in for a long haul.
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May 13, 2024
Houston Truck Co. Doesn't Owe $2M Excise Tax, 5th Circ. Told
A Houston truck company that sells tires made by a Chinese manufacturer doesn't owe $2 million in import taxes because it's not legally the tire importer, the company told the Fifth Circuit in asking it to affirm a ruling that could split circuits.
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May 10, 2024
Zeekr's US Debut Could Spur More IPOs From China
Electric-vehicle maker Zeekr's robust initial public offering sent an encouraging signal to Chinese companies considering whether to tap U.S. markets after a long lull, despite continued risks stemming from fractured U.S.-China relations, experts said Friday.
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May 10, 2024
Fed. Circ. Backs ITC Decision Clearing Computer Gear Imports
The Federal Circuit on Friday upheld the U.S. International Trade Commission's holding that CommScope, Hewlett Packard, Netgear and others didn't infringe Q3 Networking's computer gear patents with their imports of things like routers.
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May 10, 2024
Trade Court Lets Solar Duties Suit Proceed Over Feds' Protest
U.S. solar panel manufacturers' suit over a two-year pause on new duties for competitors from four Southeast Asian countries survived the government's push for dismissal this week, with the trade court affirming its authority over the case.
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May 10, 2024
Insurers Don't Owe Chiquita Coverage In Terrorism Settlement
An Ohio state appeals court ruled Friday that Chiquita Brands International Inc. is not owed coverage by a group of insurers for a settlement with families of six Americans killed by a terrorist group Chiquita had paid for protection, saying any errors the trial court made were harmless because it came to the correct conclusion.
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May 10, 2024
Feds Finalize Tariffs Topping 744% On 8 Countries' Mattresses
The U.S. Department of Commerce firmed up anti-dumping duties reaching more than 744% on mattresses that are being dumped in the U.S., marking its third wave of sky-high tariffs on mattresses from abroad.
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May 10, 2024
New Evidence, Old Politics To Collide In 2nd Menendez Trial
U.S. Sen. Robert Menendez and the government will face off Monday for the second time before a jury tasked with weighing bribery charges, a courtroom showdown that promises higher stakes — think flashier evidence and a more dramatic defense — than the corruption case the New Jersey Democrat escaped seven years ago.
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May 09, 2024
Tablet Co. Wins China Duty Refund, Loses On Tariff Heading
A digital writing tablet company will recoup the bulk of tariffs it paid under the Section 301 duty program to import its goods after the U.S. Court of International Trade rejected its preferred tariff classification Thursday.
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May 09, 2024
Solar Co. Wins Remand Of Feds' 'Contrary To Law' Duties
The U.S. Court of International Trade has published opposing outcomes for two Chinese solar cell producers penalized in a recent duty review, affirming duties topping 238% for one and directing the government to reconsider a 12.24% rate for the other.
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May 09, 2024
Lawmakers Say Shell, Eni, Nigeria Deals Need Second Look
Two Democratic lawmakers urged the U.S. Department of Justice to reopen a foreign bribery case into an alleged $1.1 billion scheme in Nigeria perpetrated by oil giants Shell and Eni, saying a possible settlement in a related investor-state case could mean more corrupt deals are on the horizon.
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May 09, 2024
Sen. Menendez's 2nd Bribery Trial: All You Need To Know
In the wake of a 2017 mistrial on bribery charges, U.S. Sen. Robert Menendez reaffirmed his dedication to public service and vowed never to stop fighting for the people of New Jersey.
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May 09, 2024
A Senator's Path From NJ Politics To Corruption Charges
U.S. Sen. Robert Menendez, the son of Cuban immigrants who climbed the political ladder from the ranks of a New Jersey school board to ultimately become chairman of the Senate Foreign Relations Committee, is defending his reputation and career against federal corruption charges for the second time in less than a decade.
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May 09, 2024
GOP Sens. Call Biden's Bluff On US Steel-Nippon
Three Republican senators urged President Joe Biden on Thursday to block Nippon Steel's planned $14.9 billion acquisition of U.S. Steel, calling his prior comments opposing the deal "worthless" while claiming he has the authority to terminate the deal immediately under laws that address "a national emergency."
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May 08, 2024
New Treasury Rule Amps Up Reporting Burden For Banks
The U.S. Department of the Treasury introduced an interim final rule Wednesday that refines and further expands recent increases in reporting requirements, including a new obligation for financial institutions to notify the federal government any time they unblock frozen assets.
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May 08, 2024
Black & Decker's Stud Finder Patent Win Gets Fed. Circ. OK
The Federal Circuit on Wednesday upheld a decision clearing Stanley Black & Decker Inc. in a stud finder patent suit by rival Zircon Corp., backing the U.S. International Trade Commission's finding that Zircon didn't show it has a domestic industry of products protected by the patents.
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May 08, 2024
Vietnam's Labor Issues Mar Bid For Market Economy Status
Representatives from U.S. industry, organized labor, and human rights advocacy urged the U.S. Department of Commerce to reject Vietnam's bid for market economy status Wednesday, denouncing its track record on labor rights.
Expert Analysis
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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How US Companies Can Wield The New Foreign Bribery Law
U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Global Cartel Enforcement Looks Set To Intensify In 2024
The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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4 Questions On Groundbreaking New Foreign Bribery Law
The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement
Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Expect National Security Scrutiny Of Higher Ed To Continue
In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.