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International Trade
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June 27, 2024
Commerce Defends Argentine Oil Pipe Levies On Remand
The U.S. Department of Commerce did not double count companies backing the petition that prompted its dumping probe into oil and gas pipes from Argentina, the agency held in its response to a trade court remand order.
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June 27, 2024
Feds Must Redo Tire Duties Again, After Writing Off One Co.
The U.S. Court of International Trade ordered the U.S. Department of Commerce to again rework anti-dumping duties on Chinese tires, taking issue with how the department selected one of the mandatory respondents for the investigation.
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June 26, 2024
Menendez Pals 'Generous,' Jeweler Says In Joke-Filled Testimony
A jeweler who helped Sen. Robert Menendez's wife sell gold bars that were supposedly bribes testified Wednesday the codefendants who gave Menendez the bars have always been generous, salting his testimony with so many droll comments that the New York federal judge — who initially bantered back — eventually gave a special instruction reinforcing that the trial is "very serious."
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June 26, 2024
Conn. Trader's Brother Cops Plea In $30M Brazilian Oil Plot
A Connecticut man has pled guilty to helping to bribe officials at Brazil's state-owned oil company, Petróleo Brasileiro SA, also known as Petrobras, allegedly to help his commodities trader brother earn more than $30 million in ill-gotten profits from deals with the oil giant, according to federal court documents.
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June 26, 2024
EU Court Tosses Spanish Shipping Cos. State Aid Appeal
A European court on Wednesday once again dismissed a 2014 challenge to the European Commission's move to block a Spanish tax scheme benefiting Spanish shipbuilders and their suppliers.
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June 26, 2024
Feds To Reassess Whether Garage Door Imports Violated Patents
The U.S. International Trade Commission will be reviewing an administrative law judge's ruling that Nortek Inc. violated U.S. trade law by importing products that infringe on a rival's intellectual property.
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June 26, 2024
Italian Co. To Pay Feds $538K Over N. Korean Animation Job
Mondo TV has agreed to pay $538,000 to resolve allegations by the U.S. Department of the Treasury's Office of Foreign Assets Control that the Italy-based animation studio violated American sanctions regulations by paying an animation studio tied to the North Korean government through U.S. financial institutions, OFAC announced Wednesday.
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June 26, 2024
2 Adidas Employees Exit Amid China Compliance Probe
Adidas AG said Wednesday that two employees have left the company amid an internal investigation into allegations of compliance violations in China, saying one employee's purported misconduct concerned dealings with local vendors.
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June 26, 2024
Unfinished Glycine Factory Supports Evasion, Says US Co.
A U.S. glycine producer urged the U.S. Court of International Trade on Wednesday to affirm the government's renewed finding that importers dodged tariffs, pointing to photographs of an Indonesian factory still under construction while it was allegedly producing exports for the suppliers.
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June 26, 2024
Some Asian Paper Plates May See Duties Over 300%
The U.S. Department of Commerce teed up preliminary countervailing duties on Chinese and Vietnamese paper plates exceeding 300%, finding that producers are likely receiving government subsidies giving them an unfair advantage in the U.S. market.
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June 25, 2024
Warhol, Monet Artwork Forfeited To US In 1MDB Clawback
Andy Warhol and Claude Monet paintings are among the items that will be forfeited to the United States as part of a deal resolving the government's civil complaints looking to recover assets allegedly related to money laundering by a Malaysian state-owned investment fund, according to a consent judgment entered Monday.
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June 25, 2024
Temu Is A 'Data-Theft' Biz And Not Marketplace, Ark. AG Says
App-based online shopping platform Temu is in reality "dangerous malware" that can override phone privacy settings and collect sensitive user information, according to a "first-of-its-kind" state lawsuit by Arkansas alleging deceptive trade practices and privacy violations.
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June 25, 2024
PetroChina Unit Fined $14.5M Over Inaccurate Export Reports
PetroChina International America will pay $14.5 million to settle allegations it misclassified over $32 million worth of ultra-low sulfur diesel fuel for certain export transactions in 2019 and 2020 in violation of export laws, the U.S. Attorney's Office of the Southern District of Texas announced on Tuesday.
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June 25, 2024
Intl. Trade Commission Takes Up 2 New China Import Probes
The U.S. International Trade Commission has initiated import injury investigations into allegedly dumped and subsidized golf carts from China and brake drums from China and Turkey, the agency announced in a pair of Federal Register notices Tuesday.
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June 25, 2024
Judge Says Sales Discount Doesn't Justify Redoing Steel Duty
The U.S. Court of International Trade refused to force the U.S. Department of Commerce to raise antidumping duties on Australian hot-rolled steel to account for a discount that an Australian producer offered its importer, saying the importer paid the duty when it took the steel from the producer.
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June 25, 2024
Indiana U Settles Ricin-Carrying Fruit Fly Export Violations
Indiana University has escaped fines, but it must instead educate the broader academic community at large on export controls under a settlement with the U.S. Department of Commerce after the institution sent unlicensed shipments overseas, of fruit flies carrying a subunit of ricin.
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June 25, 2024
Google Tells Fed. Circ. To Eye ITC's Powers If Chevron Ends
As the U.S. Supreme Court considers abolishing or narrowing precedent requiring deference to the legal interpretations of government agencies, a key part of the U.S. International Trade Commission's patent authority should be reconsidered, Google has told the full Federal Circuit.
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June 25, 2024
Russian Ferrosilicon Gets Preliminary Duties Topping 748%
The U.S. Department of Commerce handed down preliminary duties of 283.27% and 748.58% in its anti-dumping and countervailing duty investigations, respectively, into Russian producers of ferrosilicon, a key input in steelmaking.
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June 25, 2024
Trade Court Judge Presses Feds On Cabinet Import Findings
A U.S. Court of International Trade judge on Monday pressed Customs and Border Protection to explain why it cleared a kitchen cabinet importer of tariff-evasion allegations despite its description of the company as a "known" transshipper.
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June 24, 2024
Menendez Was 'Weird' While Planning Egypt Trip, Jury Hears
A New York federal jury weighing charges that U.S. Sen. Robert Menendez took bribes for official acts related to Egypt heard Monday from a congressional staffer that the senator acted "weird" while planning an official trip there and was "making up lies."
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June 24, 2024
ITC Shouldn't Oversee Patent Disputes, Utah Law Prof Argues
The U.S. International Trade Commission should no longer be in control of deciding when infringing imports are banned from the country, a prominent patent law academic at the University of Utah's S.J. Quinney College of Law says.
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June 24, 2024
Judge Recommends Tossing VW Supplier's Antitrust Case
A magistrate judge has recommended that a Texas federal court toss a suit accusing Volkswagen of maintaining an illegal stranglehold over its suppliers after the Fifth Circuit told the court to consider if the dispute should be litigated in Germany instead of the U.S.
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June 24, 2024
Justices Undo Terror Victims' Win, Citing Twitter Decision
The U.S. Supreme Court on Monday swept aside a D.C. Circuit ruling that threatened to expose major pharmaceutical companies to liability for terrorist attacks that injured or killed hundreds of U.S. soldiers and civilians in Iraq.
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June 24, 2024
Pipe Co. Seeks Full Fed. Circ. Redo Of Thai Pipe Duty Review
A pipe company asked the full Federal Circuit to unwind a panel ruling broadening a decades-old anti-dumping duty order on Thai pipe, saying the panel mistakenly expanded the levy to cover more imports than allowed under federal trade law.
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June 24, 2024
Catching Up With Delaware's Chancery Court
Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.
Expert Analysis
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.
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Georgia's Foreign Lobbying Bill Is Not A FARA Copycat
Though a recently passed bill in Georgia aims to mirror the transparency goals of the federal Foreign Agents Registration Act by imposing state-specific disclosure requirements for foreign lobbyists, the legislation’s broad language and lack of exemptions could capture a wider swath of organizations, say attorneys at Holtzman Vogel.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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Traversing The Web Of Nonjudicial Grievance Mechanisms
Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.