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International Trade
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December 11, 2024
More Facts Needed In RJ Reynolds Tax Row, Mich. Court Says
More facts are needed on whether part of a $4.9 billion sale of trademarks by R.J. Reynolds to a Japanese company should be taxable in Michigan, a state court said Wednesday, declining to rule immediately.
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December 11, 2024
Justices Asked To Reject Roku Petition Challenging ITC
There's no reason the U.S. Supreme Court should review the "unremarkable" decision backing up the U.S. International Trade Commission's power to ban the import of patent-infringing software, a company has told the justices, saying that streaming television company Roku's questions are "redundant."
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December 11, 2024
Cross-Border Criminal Antitrust Trial Will Stay In Houston
A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.
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December 11, 2024
Nippon Offers $5K Bonuses To Ease US Steel Deal Concerns
Nippon Steel Corp. has committed to providing $5,000 closing bonuses to employees of U.S. Steel in hopes of easing concerns about the controversial $14.9 billion merger between the two companies, which both the sitting and incoming president have said they oppose.
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December 11, 2024
White House Wants US Chips In Gov't Supply Chain
The Biden administration is asking for suggestions on how best to encourage government contractors to "scale up their use" of American-made microchips in a new request for information Tuesday, looking to drive demand as the 2022 CHIPS and Science Act incentivizes new domestic supply.
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December 10, 2024
Wash. Woman Accused Of Smuggling Oil, Gas Parts To Russia
A Washington-based regional manager of a freight forwarding company is accused of helping Russians evade U.S. export controls and sanctions issued after Russia's 2022 invasion of Ukraine by illegally shipping industrial oil and gas equipment to Russia through intermediary countries like China, New York federal prosecutors announced Tuesday.
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December 10, 2024
US Sanctions Chinese Hacker, Employer For Firewall Exploits
A Chinese national is facing federal charges and U.S. sanctions, with prosecutors accusing him of scheming to exploit tens of thousands of firewalls, including those the government noted Tuesday protected sensitive systems of companies that run oil rigs and vital infrastructure.
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December 10, 2024
Venezuela Oil Cos. Say $23M Suit Wasn't Properly Served
Two Venezuelan oil companies urged the Eleventh Circuit on Tuesday to undo a $23 million judgment for a Florida-based chemical distributor, arguing neither company was properly served the summons and complaint.
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December 10, 2024
USTR To Probe Nicaragua For Labor, Human Rights Abuses
The Office of the United States Trade Representative on Tuesday said it is planning to investigate reports of labor and human rights abuses in Nicaragua, echoing concerns voiced by both President Joe Biden and President-elect Donald Trump about the country's government.
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December 10, 2024
Stellantis, CATL Invest Up To €4.1B For Battery Plant In Spain
Automaker Stellantis announced Tuesday that it has formed a joint venture with Chinese battery maker CATL that sees the two investing up to €4.1 billion ($4.3 billion) to help build a large-scale European lithium iron phosphate battery plant in Spain.
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December 10, 2024
Privinvest Denied Appeal In 'Tuna Bond' Bribery Case
An Emirati shipbuilder on Tuesday was refused permission to appeal a London court judgment that found the company was involved in the "tuna bond" bribery scandal that wrecked Mozambique's economy.
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December 09, 2024
Judge Newman Says Fed. Circ. Threatened Her To Seal Filings
U.S. Circuit Judge Pauline Newman asked the D.C. Circuit Monday to unseal supplemental documents attached to her opening brief arguing that the suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge was unconstitutional.
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December 09, 2024
Ex-Savannah State University Professor Sues For Racial Bias
A Chinese-born former business professor at Savannah State University has filed suit in Georgia federal court alleging the university engaged in racial discrimination by failing to renew her teaching contract and then retaliating when she complained.
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December 09, 2024
16 EU Members Call For Revamped Tobacco Taxation
The European Commission needs to prioritize an overhaul of the bloc's tobacco taxation rules in the upcoming term, a group of 16 member countries said Monday, arguing that major changes in the industry since the rules last updated have left countries to fend for themselves, fragmenting the tax regime.
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December 09, 2024
TikTok Seeks Halt On Sale-Or-Ban Law For High Court Appeal
TikTok Inc. and its users are pressing the D.C. Circuit to put on hold the implementation of a law that is set to bar the platform from the U.S. market next month while they appeal a ruling backing the measure to the U.S. Supreme Court.
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December 09, 2024
Nadine Menendez Trial Date Set After Jan. 6 Delay Bid Nixed
The trial of Nadine Menendez on corruption charges is set to start in January, a Manhattan federal judge said Monday, after hearing that a potential defense scheduling conflict over a U.S. Capitol insurrection-related case will likely "evaporate" when Donald Trump takes office.
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December 09, 2024
Anti-China Bias Tainted ADI Trade Secrets Case, 1st Circ. Told
A former Analog Devices Inc. microchip engineer convicted of pilfering valuable design schematics to launch a competing business has told the First Circuit the government singled him out for prosecution due to his Chinese ethnicity and investigators' hopes he would turn out to be a foreign spy.
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December 09, 2024
Menendez Verdict Wasn't Tainted By Evidence Error, Feds Say
Prosecutors told a Manhattan federal judge that evidence that was mistakenly loaded onto a laptop given to the jury that convicted former Sen. Bob Menendez, D-N.J., of bribery charges most likely wasn't seen by the jurors and didn't impact their verdict in a way that would merit a new trial.
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December 06, 2024
DC Circ. Ruling Far From Last Word On Looming TikTok Ban
The D.C. Circuit's decision Friday paving the way for a U.S. ban on TikTok to take effect next month sparked immediate concerns about the loss of a social platform that millions rely on to freely express themselves, but a likely appeal and upcoming administration change could end up flipping the script.
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December 06, 2024
Chinese Magnet Co. CEO Latest Charged In DOD Supply Scam
Federal prosecutors on Friday unsealed the latest indictment in an allegedly sprawling conspiracy involving Quadrant Magnetics LLC and its employees, charging Quadrant's CEO with conspiring to export sensitive U.S. defense data to China while illegally selling U.S. defense companies Chinese-made Quadrant magnets.
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December 06, 2024
Canada's Chinese Import Surtaxes Expected To Raise $334M
Canada's new surtaxes on Chinese electric vehicles and steel and aluminum products are estimated to generate CA$473 million ($334 million) over the next five years, though the EV surtax on its own is likely to cause a dip in revenue, a government analysis said.
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December 06, 2024
EU Finalizes Deal With South American Trade Bloc
After 25 years of negotiations, and five years after a deal was initially struck, the European Union finalized a sweeping trade accord with the South American trading bloc Mercosur Friday, but is likely to face stiff headwinds from European farmers.
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December 06, 2024
DC Circ. Won't Revisit Retroactive FARA Registration
The D.C. Circuit rejected a bid asking the en banc court to reconsider a panel ruling that bars the federal government from suing to compel former foreign agents to retroactively register their onetime foreign influence.
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December 06, 2024
DC Circ. Upholds TikTok Sale-Or-Ban Law
A D.C. Circuit panel on Friday upheld a federal law giving TikTok until January to cut ties with its Chinese parent company or face a ban in the U.S., ruling that the statute survives constitutional scrutiny.
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December 05, 2024
Judge Newman Brings Fight To End Her Suspension To DC Circ.
U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge violates the U.S. Constitution.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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How DOJ May Change FARA Exemption In Forthcoming Rule
Any day now, the U.S. Department of Justice is expected to issue proposed revisions to the Foreign Agents Registration Act regulations, and signs suggest that it will likely narrow one of FARA's broadest exemptions, which may compound public confusion about the law's requirements, says Murad Hussain at Arnold & Porter.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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UK Judgment Could Change Anti-Money Laundering Regimes
After the Court of Appeal of England and Wales' determination that criminal property remains criminal property in the hands of its purchaser even if purchased at market value, many businesses could face a new or heightened risk of prosecution for criminality in their supply chains and related money laundering offenses, say lawyers at Macfarlanes.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Cos. With Chinese Suppliers Should Prep For Biotech Bill
A proposed bill to prohibit government-affiliated life sciences companies from contracting with Chinese biotech companies of concern may necessitate switching to other sources for research and supplies, meaning they should begin evaluating supply chains now due to the long lead times of drug development, say John O'Loughlin and Christina Carone at Weil Gotshal.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.