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International Trade
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October 07, 2024
Aircraft Co. Says Insurers Owe $222M For Lost Jets In Russia
An aircraft lessor said its insurers and underwriters are on the hook for more than $222 million in losses stemming from two aircraft that have been stranded in Russia since its invasion of Ukraine, telling a Connecticut state court the total loss of the aircraft warrants coverage.
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October 07, 2024
Sparring With Adams, Feds Shadowbox The Supreme Court
The corruption case against New York City Mayor Eric Adams may be the next front in an ongoing clash between federal prosecutors' desire to police official misconduct and a line of U.S. Supreme Court cases holding that alleged graft does not always amount to a federal crime.
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October 07, 2024
Man Who Faced Espionage Case Gets Probation Over Taxes
A Chinese engineer initially accused of illegally exporting documents on military aircraft to China was given probation and fined for failing to report about $1.4 million in business income by a Texas federal court after the government dropped its export charges.
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October 07, 2024
Judge Doubts Commerce's Use Of Pipe Duties For Auto Parts
The U.S. Court of International Trade ordered the U.S. Department of Commerce to revisit antidumping tariffs on Mexican pipes, seeking further explanation as to why the department believes the duties cover pipes that are processed into car parts.
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October 07, 2024
Willkie Tech Patent Litigation Chair Joins Covington In DC
The former chair of Willkie Farr & Gallagher LLP's tech patent litigation group, who has more than two decades of experience litigating computer hardware and software matters for major corporations, has moved his practice to Covington & Burling LLP's Washington, D.C., office, the firm announced Monday.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Trade Court Won't Revisit Penalty Duty On Indian Flanges
The U.S. Court of International Trade wouldn't reconsider a U.S. Department of Commerce penalty that spiked antidumping tariffs on Indian steel flanges to over 145%, finding the penalty justified in light of issues with an importer's data submission.
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October 04, 2024
High Court Agrees To Hear Hamas Banking Case
The U.S. Supreme Court on Friday agreed to take up a Lebanese bank's bid to end a suit brought by victims of Hamas terrorist attacks, which the bank argued is settled because the victims waited too long to move to vacate a lower court's judgment in the bank's favor.
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October 04, 2024
Fed. Circ. Topples Verdict In Tire Design IP Litigation
The Federal Circuit on Friday determined that a federal court in Chicago had it wrong about what kind of conduct in litigation is granted "absolute litigation privilege," upending a multimillion-dollar jury verdict on liability over language in settlement agreements in a dispute over tire designs.
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October 04, 2024
Europe Votes To Raise Tariffs On Electric Vehicles From China
European Union member states voted Friday to impose higher tariffs on imports of battery electric vehicles from China for the next five years, adding to the already staggering tariffs imposed by the United States and Canada.
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October 04, 2024
There May Not Be Life On Mars, But There Could Be IP
The rapidly expanding space tourism industry is raising a vast universe of potential intellectual property issues. Experts say most of the laws governing extraterrestrial IP are as unexplored as space itself.
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October 04, 2024
High Court Will Hear Mexico's Suit Against Gun Cos.
The Supreme Court on Friday agreed to review a decision allowing Mexico to sue a group of gun manufacturers alleging they have aided and abetted criminal cartels.
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October 03, 2024
Swizz Beatz Received Millions From 1MDB Scheme, Suit Says
Hip-hop producer and rapper Kasseem Dean, known professionally as Swizz Beatz, received $7.3 million in funds that were stolen from Malaysia residents in the multibillion-dollar 1 Malaysia Development Berhad fraud, a lawsuit filed in New York federal court alleges.
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October 03, 2024
DOJ, Microsoft Disrupt Russian Hacking Group's Efforts
The U.S. Department of Justice and Microsoft Corp. announced Thursday the seizure of more than 100 websites allegedly used by Russian intelligence agencies and their proxies to orchestrate hacking campaigns aimed at stealing valuable information from federal government agencies, journalists, think tanks and other organizations.
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October 03, 2024
GOP Senators Slam NY Fed Over Iraq Money-Laundering Report
Two Republican senators, including the ranking member of the Senate banking committee, have slammed the Federal Reserve Bank of New York for allegedly failing to act on money-laundering concerns with the Central Bank of Iraq, allowing funds to flow to Iran as a result.
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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.
Expert Analysis
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A Primer On EU's Updated Human Substance Regulations
The European Union's updated standards regarding quality and safety of substances of human origin meant for human application carry significant implications for companies that work with cells and tissues, and U.S. companies active in the EU market should pay particular attention to the import and export rules, say Geneviève Michaux and Georgios Symeonidis at King & Spalding.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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New Russia Sanctions Law: Bank Compliance Insights
Financial institutions must familiarize themselves with the new reporting obligations imposed by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act, a recent law that authorizes seizures of Russian sovereign assets under U.S. jurisdiction, say attorneys at Seward & Kissel.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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New FARA Letters Offer Insight Into DOJ's Approach
The U.S. Department of Justice's recently released batch of 15 advisory opinions from the Foreign Agents Registration Act Unit provides important guidance on FARA registration triggers and exemptions, underscoring the breadth of FARA's scope, says Tessa Capeloto at Wiley.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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Opinion
OFAC Sanctions Deserve To Be Challenged Post-Chevron
The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.
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Congress Quietly Amends FEPA: What Cos. Should Do Now
Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.
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NYSE Delisting May Be The Cost Of FCPA Compliance
ABB’s recent decision to delist its U.S. depository receipts from the New York Stock Exchange, coupled with having settled three Foreign Corrupt Practices Act enforcement actions, begs the question of whether the cost of FCPA compliance should factor into a company's decision to remain listed in the U.S., says John Joy at FTI Law.
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5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy
Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.