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International Trade
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October 24, 2024
Seneca Foods Must Pay Steel Duties On Tin Imports
The country's largest vegetable canner must pay Section 232 tariffs to import tin, after the U.S. Court of International Trade ruled that the U.S. Department of Commerce justified its belief that the company could source the steel domestically.
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October 24, 2024
Sen. Presses US Trade Rep To Take Up Fentanyl Probe
A Democratic senator from Wisconsin asked the U.S. trade representative on Wednesday to take up a petition urging it to investigate the People's Republic of China's alleged vast illicit fentanyl exports to the United States that have resulted in hundreds of thousands of deaths.
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October 24, 2024
DOJ Reaches $102M Deal In Baltimore Bridge Collapse Suit
The owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March has agreed to pay $102 million to settle the U.S. Department of Justice's civil lawsuit alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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October 24, 2024
DC Circ. Ruling Endangers Distressed Texas Area, Port Says
The owner of the Port of Brownsville in Texas is urging the D.C. Circuit to consider the devastating impacts a panel's decision to vacate Federal Energy Regulatory Commission reauthorization orders for two major liquefied natural gas projects threatens to impose on the region.
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October 24, 2024
Biden Issues Guidelines For National Security Uses Of AI
President Joe Biden issued a memo Thursday on the development and use of artificial intelligence for national security, directing actions such as shoring up the security of computer chip supply chains and ensuring AI is not used to commit human rights violations.
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October 24, 2024
ITC Bans Foreign Counterfeit Tourniquets
The U.S. International Trade Commission banned foreign counterfeits of a tourniquet used by the U.S. military, finding that a broad exclusion order was necessary to protect the domestic manufacturers' intellectual property.
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October 24, 2024
Feds Want Leniency For Key Witness At Bankman-Fried Trial
Prosecutors asked a Manhattan federal judge for leniency when sentencing a former FTX executive who they said provided "substantial" assistance and testimony in the successful prosecution of the bankrupt cryptocurrency exchange's founder Sam Bankman-Fried.
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October 24, 2024
Huawei Trade Secrets Trial Pushed Back To 2026
A Washington federal judge on Thursday approved a request from Huawei and the government to delay a trial until October 2026 in a case alleging the company stole T-Mobile's trade secrets.
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October 24, 2024
Mining Eligible In Final Regs For Energy Manufacturing Credit
The U.S. Treasury Department's final rules released Thursday on a valuable tax credit for manufacturing key components and materials used in clean energy technologies allow producers to take into account the costs to mine and extract critical minerals.
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October 23, 2024
Feds, Huawei Ask To Delay 'Complex' Trade Secret Theft Trial
Washington federal prosecutors and Huawei have both asked to delay until 2026 a trial in a case accusing the company of stealing T-Mobile's trade secrets, noting the complexity of the case and difficulties the attorneys for the Chinese chipmaker have had communicating with witnesses.
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October 23, 2024
Fed. Circ. Backs Customs Duties On Importer's Steel Tubing
An importer couldn't convince the Federal Circuit that steel tubing that includes insulating materials could be imported as duty-free insulating conduits, with the panel saying Wednesday the materials aren't enough for the product to be insulating.
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October 23, 2024
Venezuelan TV Mogul Charged In $1.2B PDVSA Bribe Scheme
A Florida federal grand jury returned an indictment Wednesday charging a Venezuelan television news network owner with participating in a $1.2 billion scheme to launder funds from Venezuela's state-owned energy company Petróleos de Venezuela SA in exchange for bribes to Venezuelan officials.
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October 23, 2024
Feds Say Conn. Oil Trader's Ailing Brother Deserves Prison Time
A Connecticut businessman who worked with his brother and others to run an oil industry bribery scheme in Brazil should go to prison despite his bladder cancer diagnosis, the government said, arguing incarceration is necessary "to reflect the seriousness of the offense, and to afford adequate deterrence."
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October 23, 2024
Navarro Seeks Justices' Review Of Presidential Records Ruling
Former Trump administration adviser Peter Navarro has asked the U.S. Supreme Court to review a circuit court's ruling that the federal government can use the Presidential Records Act to force Navarro to hand over emails from his tenure at the White House.
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October 23, 2024
Court Doubts Tax Program Is A Subsidy, Remands Steel Duty
The U.S. Court of International Trade remanded a countervailing tariff on Turkish steel rebar for the U.S. Department of Commerce to explain why it treated a broadly available tax exemption as a subsidy conferring an unfair trade advantage.
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October 22, 2024
Zekelman Suit Says Mexico Steel Harming US Industry
Steel pipe and tube maker Zekelman Industries Inc. told a D.C. federal judge that Mexico has dumped subsidized steel products into the U.S. and "devastated" a critical domestic industry in violation of a trade agreement that allowed the country to avoid tariffs former President Donald Trump imposed.
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October 22, 2024
Halkbank Not Immune In Sanctions Case, 2nd Circ. Says
The Second Circuit ruled Tuesday that Turkish state-owned bank Halkbank doesn't have common-law foreign sovereign immunity from charges that it laundered about $1 billion in sanctioned Iranian oil proceeds if the U.S. government's executive branch says it doesn't.
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October 22, 2024
Wafer Factories Qualify For CHIPS Tax Credit In Final Regs
Semiconductor wafer production facilities will qualify for the 25% investment tax credit that incentivizes advanced chip manufacturing development projects under final regulations the U.S. Department of the Treasury released Tuesday.
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October 22, 2024
Law Firm Wins Atty Fees In Texas Over Lies To Ghana Court
An African energy company has to pay nearly $166,000 in attorney fees to an international arbitration specialty law firm after the company was sanctioned for lying to a Ghanaian court about proceedings in Texas, a Texas federal judge has ruled.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
11th Circ. Nixes $440M Win For Dock Co. In Cuba Port Row
The Eleventh Circuit on Tuesday tossed a $440 million judgment for Havana Docks Corp. in its suit accusing luxury cruise companies of wrongly docking at its terminal — which the Cuban government seized decades ago — with the appellate panel reasoning the company no longer had a stake in the pier.
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October 21, 2024
Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo
Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."
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October 21, 2024
Apple Tells Del. Jury It Wants Smartwatch Infringing To Stop
An Apple attorney told a federal jury in Delaware on Monday that the company is willing to accept only a token damage award from Masimo Corp. for the health tech company's infringement of Apple's smartwatch, but wants the alleged copying barred.
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October 21, 2024
OFAC Sanctions Adviser Joins Faegre Drinker's Trade Team
A former sanctions regulations adviser to the U.S. Department of the Treasury's Office of Foreign Assets Control has joined Faegre Drinker Biddle & Reath LLP's customs and international trade team in its Washington, D.C., office as a government and regulatory counsel, the firm has announced.
Expert Analysis
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Proposed Semiconductor Buy Ban May Rattle Supply Chains
The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.