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International Trade
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November 19, 2024
DC Circ. Wonders Where To Land On Terrorism Liability Claims
Hypotheticals were flying Tuesday morning at the D.C. Circuit, where a three-judge panel spent more than two hours trying to figure out whether a recent U.S. Supreme Court decision means they need to stop the revival of a suit accusing pharmaceutical companies of funding terrorism in Iraq.
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November 19, 2024
11th Circ. Weighs Whether Tornado Cash Sanctions Overreach
An Eleventh Circuit panel on Tuesday dove deep into the mechanisms of cryptocurrency mixing service Tornado Cash as the judges weighed whether government sanctions intended to curb illicit finance on the protocol are permitted under the law.
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November 19, 2024
Dentons Atty Owed No Duty In $54M Currency Swap, Jury Told
A Hunton Andrews Kurth LLP partner on Tuesday defended the actions of a former Dentons attorney in a failed $54 million bolivar-to-dollars currency swap, telling jurors that she did not owe a duty to the Venezuelan attorney suing her for malpractice because she never represented him as his attorney.
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November 19, 2024
Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus
President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.
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November 19, 2024
Samsung Loses ITC Patent Case Against Chinese Screen Co.
Samsung has failed to convince a U.S. International Trade Commission judge to side with it in its intellectual property campaign against a major Chinese rival that makes replacement screens for mobile devices.
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November 19, 2024
Cuban Bank Can't Block Fund's €72M Debt Claim
Cuba's former central bank can't block an offshore fund from suing it for over €72 million ($76.2 million) of unpaid sovereign debt because the lender authorized the assignment of the debt to the fund, a London appeals court ruled Tuesday.
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November 19, 2024
Trump Names Wall St. Exec For Chief Commerce Role
Donald Trump will nominate longtime Wall Street financier Howard Lutnick to head up the U.S. Department of Commerce, the president-elect announced Tuesday, selecting a top member of his transition team to oversee a vast bureaucracy that grapples with key trade policies.
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November 18, 2024
State Department Sanctions Official Rejoins Crowell & Moring
After more than three years working as a senior sanctions policy official in the U.S. State Department, Erik Woodhouse has returned to private practice at Crowell & Moring LLP in the firm's Washington, D.C., office, the firm announced Tuesday.
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November 18, 2024
Spacecraft Export Control Comment Period Pushed To Dec. 23
The U.S. Department of Commerce and Department of State issued a 30-day extension for the public to give their input and comments on a set of rules seeking to ease controls on exports of spacecraft technology to U.S. allies intended for bolstering the U.S. commercial space industrial base.
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November 18, 2024
Menendez Calls Trial Evidence Flub 'Deeply Troubling'
Former U.S. Sen. Bob Menendez raised red flags Monday about "deeply troubling" recent revelations that Manhattan federal jurors accidentally received unredacted text messages before convicting him of bribery, slamming prosecutors for trying to brush aside the significance of this evidence.
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November 18, 2024
Ex-Crypto CEO Bribe Case Unsealed As Firm Inks $10M Deal
The former CEO of a cryptocurrency mining company tried to bribe Japanese government officials to be able to open a resort in the country, according to an indictment unsealed Monday alongside the company's $10 million deferred prosecution agreement.
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November 18, 2024
Trump DOE Pick Signals Funding Flux For Clean Energy Cos.
President-elect Donald Trump tapping oilfield services executive Chris Wright as U.S. energy secretary underscores the frostier federal reception that awaits clean energy companies, but experts say the industry shouldn't cede the playing field to fossil fuels just yet.
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November 18, 2024
Dems Probe Treasury On Effects Of Crypto Mixer Sanctions
A group of House Democrats pressed the U.S. Department of the Treasury on Monday to provide information on how effective its sanctions regime against cryptocurrency mixing services has been at detecting and curbing illicit finance.
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November 18, 2024
ITC Judge Clears Lenovo In Ericsson Patent Fight
A U.S. International Trade Commission judge has found that claims in a pair of Ericsson patents were invalid, handing a win to Lenovo in a case over mobile phones, laptops and other related products.
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November 18, 2024
Chiquita Wants New Bellwether Trial In $38M Paramilitary Case
Chiquita told a Florida federal court that a landmark $38 million bellwether loss to the families of victims of Colombian right-wing paramilitaries was the "product of numerous legal and evidentiary errors" that handicapped the banana company, which now wants a new trial.
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November 18, 2024
Treasury Finalizes Tougher Foreign Investment Law Penalties
The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.
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November 18, 2024
Medical Group Wants Justices To Review IP Safe Harbor Fight
A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.
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November 18, 2024
Alstom Wants Injunction In Dispute Over 'Buy America' Waiver
Train manufacturer Alstom has urged a D.C. federal judge to block a pending federal disbursement for a $12 billion high-speed rail project, saying the payment could "irrevocably" allow the project to use trainsets that violate federal "Buy America" requirements.
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November 18, 2024
Former GE Exec Guilty Of Faking Docs In $1.1B Power Deal
A Manhattan federal jury on Monday convicted a former GE Power executive of using forged documents, then taking a $5 million kickback, in what federal prosecutors called a corrupt effort to close a $1.1 billion energy deal in Angola.
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November 18, 2024
Trade Court Orders Rethink Of Brazilian Lemon Juice Duties
The U.S. Court of International Trade has ordered trade officials to reconsider duties on Brazilian lemon juice, finding they failed to acknowledge that a Brazilian supplier and a Louis Dreyfus Co. subsidiary were reliant on each other.
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November 15, 2024
Ex-GE Exec's Connection To Forged Docs Is Clear, Feds Say
Prosecutors told a New York federal jury Friday that trial evidence clearly proves a former GE executive knowingly used forged documents to secure a $1.1 billion gas turbine deal in Angola and demanded millions of dollars for his troubles.
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November 15, 2024
Defense Policy Outlook Under The New Trump Administration
Donald Trump's pending return to the White House is expected to bring significant changes to defense and national security policy, including a potentially larger but less diverse military, an increase in domestic sourcing and a more transactional relationship with allies.
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November 15, 2024
Venezuelan Lawyer Relied On Ex-Dentons Atty In $54M Swap
A Venezuelan lawyer suing Dentons over a failed $54 million bolivar-to-dollars currency swap admitted Friday on the stand that he did not do any due diligence for the transaction but instead relied on what he called misinformation from an ex-Dentons attorney that she relayed to his representative.
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November 15, 2024
New Trade Secrets Case Brought In Trucker Tracking Row
A fight between two neighboring San Francisco startups that sell artificial intelligence-powered software used to monitor truck drivers has resulted in yet another lawsuit: a new state court case that accuses a CEO of personally "texting and meeting in person" with competing sales reps in order to obtain trade secrets.
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November 15, 2024
Trader Joe's Burger Maker Gets $3M For Bony Chicken Batch
A chicken wholesaler has agreed to pay $3 million to the former maker of the Trader Joe's-branded "Chili Lime Chicken Burgers" to end claims that it sent bony chicken shipments down the supply chain while misrepresenting the poultry as boneless, ultimately fueling consumer complaints.
Expert Analysis
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Contractual Drafting Takeaways From Force Majeure Ruling
Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.