International Trade

July 10, 2024
Prove Steel Is North American Or Pay Levy, White House Says

Importers bringing steel and aluminum goods from Mexico must prove that the metals were forged in North America or face national security tariffs starting Wednesday, as part of the Biden administration's effort to counter Chinese goods rerouted through Mexico to avoid duties.
July 09, 2024
Fla. Judge Won't Nix Antitrust Claims Against Alcon

The Florida federal judge presiding over the multidistrict litigation alleging disposable contact lens sellers conspired to fix prices refused Tuesday to let Alcon escape antitrust claims by an online contact lens reseller and sent the suit back to New York.
July 09, 2024
Terrorism Victims Push To Keep Pharma Suit In DC Circ.

Terrorism victims warned the D.C. Circuit against sending to a lower court a lawsuit seeking to link pharmaceutical companies to the attacks that injured them, saying a remand could delay the case and frustrate their efforts to collect evidence.
July 09, 2024
Chiquita Says $38M Verdict Must Be Reduced

Chiquita said Monday that the $38.3 million verdict won by the families of victims of Colombian right-wing paramilitaries that were funded by the banana grower should be reduced because the damages awarded far exceed the caps on non-economic damages in Colombian law.
July 09, 2024
Bigelow's 'Manufactured In USA' Label Not Judge's Cup Of Tea

A California federal judge held Monday that Bigelow's labels on tea products stating "Manufactured in the USA" are literally false, handing a partial victory to a certified class of tea buyers, leaving only the issues of damages and Bigelow's state of mind when making the statement to a jury.
July 09, 2024
Menendez Atty Accuses Feds Of 'Trickery' As Trial Nears End

The bribery case against Sen. Bob Menendez is being "fudged" to compensate for pervasive gaps in evidence, his counsel told a federal jury in Manhattan at the start of defense closing arguments Tuesday.
July 09, 2024
CIT Finds Labor Issues Don't Justify Penalty Evasion Ruling

The U.S. Court of International Trade backed U.S. Customs and Border Protection's decision not to penalize an importer that allegedly threatened workers against speaking with officials investigating potential duty evasion, saying the purported misconduct hadn't hampered the probe.
July 09, 2024
Akin Adds DOJ Atty As White Collar Defense Partner In DC

An experienced U.S. Department of Justice attorney who most recently served as an assistant chief of the Foreign Corrupt Practices Act unit has returned to private practice at Akin Gump Strauss Hauer & Feld LLP.
July 09, 2024
Newman Loses Suit Against Fed. Circ. Over Suspension

A D.C. federal judge on Tuesday dismissed the lawsuit Federal Circuit Judge Pauline Newman filed against her colleagues over her suspension for refusing to undergo medical tests, saying she failed to prove the judicial conduct law at issue is unconstitutional.
July 08, 2024
Maple Leaf Must Go The Way Of Chevron, Solar Cos. Say

Last month's U.S. Supreme Court decision overturning 40 years of judicial deference to federal agencies' read of statutes puts the Federal Circuit's own brand of executive branch acquiescence squarely on the chopping block, a solar industry group said Monday.
July 08, 2024
Menendez 'Put Power Up For Sale,' Feds Say In Closing

Sen. Robert Menendez "put his power up for sale" in a slew of bribes often brokered by his wife but for which the New Jersey lawmaker was always "calling the shots," a Manhattan federal prosecutor said during closing arguments in the high-profile trial Monday.
July 08, 2024
Hyundai, Kia Parent Cos. Escape MDL Over Car-Theft Wave

The South Korean parent companies of Hyundai and Kia do not belong in a multidistrict litigation over a nationwide wave of car thefts following a TikTok trend popularizing tips for breaking into their vehicles, a California federal court said, finding no personal jurisdiction over the foreign entities.
July 08, 2024
ITC Hands Innoscience Partial Loss In Semiconductor IP Row

A judge at the U.S. International Trade Commission has found that Innoscience flouted federal law by importing semiconductor technology that infringes an Efficient Power Conversion patent.
July 08, 2024
Pro-Trade Policies Outpace Barriers Amid Strains, WTO Says

Countries are moving to open themselves up to increased trade, even as armed conflicts, tense geopolitics and the effects of climate change continue to destabilize supply chains, the World Trade Organization said in a report released Monday.
July 08, 2024
Feds Aim To Expand Military Site List For Land Deal Reviews

The U.S. Department of the Treasury on Monday proposed putting 59 more military sites on its radar when it reviews real estate deals for national security issues, a move that comes on the heels of the White House's crackdown on a Chinese-owned cryptocurrency mine near a Wyoming air base.
July 05, 2024
Don't Defer To ITC On Domestic Industry, Fed. Circ. Told

The U.S. Supreme Court's elimination of Chevron deference confirms that courts need not defer to the U.S. International Trade Commission's interpretation of the domestic industry requirement for patent cases, eyelash extension company Lashify has told the Federal Circuit.
July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court

Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
July 05, 2024
Breaking Down The Vote: The High Court Term In Review

The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
July 05, 2024
High Court Flexes Muscle To Limit Administrative State

The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
July 05, 2024
The Sharpest Dissents From The Supreme Court Term

The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision

When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
July 05, 2024
The Funniest Moments Of The Supreme Court's Term

In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
July 05, 2024
Self-Driving Tech Co. Disputes Chinese Military Designation

Lidar technology firm Hesai has urged a Washington, D.C., federal judge to overturn its designation as a Chinese military company, saying the Pentagon had failed to show it had any connection to China's military industrial base.
July 05, 2024
Fragrance Buyers Say EU Fine Supports Price-Fixing Claims

Buyers accusing fragrance giants of conspiring to reduce competition told a New Jersey federal court this week their allegations were bolstered by the European Commission's discovery of a senior employee's deleted WhatsApp messages during an investigation of potential anticompetitive activity in the industry.
July 05, 2024
The Firms That Won Big At The Supreme Court

This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

Expert Analysis

For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
How Export Controls Are Evolving To Address Tech Security

Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
Opinion

Requiring Leave To File Amicus Briefs Is A Bad Idea

A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
4 Ways To Motivate Junior Attorneys To Bring Their Best

As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
5 Takeaways From SAP's Foreign Bribery Resolutions

German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.
Series

Serving As A Sheriff's Deputy Made Me A Better Lawyer

Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope

James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
Parsing Chinese Governance On AI-Generated Content

As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
Former Minn. Chief Justice Instructs On Writing Better Briefs

Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
Stay Interviews Are Key To Retaining Legal Talent

Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
Series

Spray Painting Makes Me A Better Lawyer

My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
Takeaways From The 2023 DOJ Fraud Section Report

Attorneys at Wiley discuss notable trends from the U.S. Department of Justice's recently reported Fraud Section activity last year and highlight areas of enforcement to watch for in the future, including healthcare fraud and Foreign Corrupt Practices Act violations.
How Policymakers Can Preserve The Promise Of Global Trade

Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
New Russia Sanctions Reveal Int'l Enforcement Capabilities

Significant new U.K., U.S. and EU sanctions imposed on Russia notably target Europe-based individuals and entities accused of sanctions evasion, and with an apparent political will to enhance capabilities, the rhetoric is translating into international enforcement activity, say lawyers at Cadwalader.
Why Oncology Deal Making Continues To Fuel Biotech M&A

The biotech sector's potential for advancements in cancer care continues to attract deal-maker interest, and the keys to successful mergers and acquisitions include the ability to integrate innovative therapies, leverage technological advancements and respond to the dynamic needs of patients, say Bryan Luchs and Mike Weir at White & Case.