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International Trade
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October 15, 2024
FERC Can't Pass On LNG Pipeline Review, DC Circ. Told
The Federal Energy Regulatory Commission shirked its legal obligations when, through inaction, it effectively greenlit the expansion of a liquefied natural gas terminal in Puerto Rico, environmental and community groups told the D.C. Circuit on Friday.
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October 15, 2024
Skadden Picks Up Arbitration Co-Head From Sidley In Asia
The co-leader of Sidley Austin LLP's global arbitration, trade and advocacy group has been tapped to lead Skadden Arps Slate Meagher & Flom LLP's international litigation and arbitration group in Asia, the firm announced on Monday.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
Trade Court OKs Reduced Duties On Indonesian Yarn
The U.S. Court of International Trade backed the U.S. Department of Commerce's decision to withdraw a penalty that nearly tripled an Indonesian yarn producer's antidumping duty liability, saying the new duty was unopposed by Commerce and the foreign producer.
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October 11, 2024
Aerospace Firm To Pay SEC $1.1M Over India Bribe Claims
Aerospace components manufacturer Moog Inc. will pay a $1.1 million civil penalty to resolve U.S. Securities and Exchange Commission claims that an Indian subsidiary of the company violated the Foreign Corrupt Practices Act in connection with an alleged scheme to bribe Indian officials.
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October 11, 2024
Apple Watch Patents Dodge Ax As Masimo Jury Trial Nears
A Delaware federal judge has refused to invalidate Apple Inc.'s smartwatch patents being challenged by health technology company Masimo Corp. ahead of this month's jury trial over whether the tech behemoth infringed Masimo's pulse oximetry technology patents.
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October 11, 2024
Secret Docs May Delay Foreign Agent Case, Ex-Fla. Rep Says
A former Florida congressman told a Miami federal judge on Friday that he's requested evidence from prosecutors that may exonerate him on criminal charges of failing to register as a foreign agent while lobbying for Venezuela, saying the discovery implicates classified information that may delay proceedings in his case.
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October 11, 2024
Medytox Loses ITC Fight Over Antiwrinkle Trade Secrets Use
The U.S. International Trade Commission has backed a finding that medical aesthetic provider Medytox Inc. failed to prove that two other companies wrongly used its antiwrinkle biotechnology to create another product.
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October 11, 2024
US Law 'Wins,' Judge Says, Nixing Treaty Challenge To Duties
The U.S. Court of International Trade has rejected a steel importer's arguments that U.S. antidumping duties need reworking to comply with the General Agreement on Tariffs and Trade, stating that U.S. law "wins" when in conflict with an international treaty.
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October 11, 2024
Judge Doubts FTX Alum Needs Further Dog Bite Recovery
A Manhattan federal judge has denied a bid from former FTX executive Ryan Salame to further postpone the start of his 7½-year prison sentence, saying he had already benefited from "extremely generous" delays, and agreeing with prosecutors that Salame appeared to have largely recovered from a dog bite that he said he suffered in June.
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October 11, 2024
Fed. Circ. Says USMCA Review Bars Importer's Duty Suit
The Federal Circuit has backed the U.S. Court of International Trade's dismissal of a Canadian lumber company's challenge to increased tariffs, saying the U.S. court couldn't take the case once a U.S.-Mexico-Canada Agreement panel began reviewing the duties.
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October 11, 2024
Nelson Mullins Can't Beat DQ In Foreign Exchange Fraud Suit
A Florida state appeals court panel unanimously sided with a trial court Friday in deciding that Nelson Mullins Riley & Scarborough LLP can't represent the defendant in a lawsuit accusing him of duping the plaintiff into doing business with online foreign exchange platform FxWinning Ltd. because the firm previously represented the plaintiff in a "substantially related" suit against the company.
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October 11, 2024
Nippon To Sell JV Stake For $1 In Push To Close US Steel Deal
Japan's Nippon Steel said Friday it has agreed to sell its stake in a 50-50 joint venture with ArcelorMittal to the European steelmaker for just $1, as Nippon seeks to address any antitrust concerns over its planned $14.9 billion acquisition of U.S. Steel.
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October 10, 2024
German Co. Can't Pause $194M Duties Case For Appeal
A German company that allegedly owes $194 million in U.S. duties can't pause a lawsuit seeking payment to appeal an order allowing the complaint to be served, with the trade court saying Thursday that an appeal would delay the case.
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October 10, 2024
Sanctioned Afghan Officials Drop Suit For Treasury's Review
Two former Afghan lawmakers withdrew their lawsuit challenging the financial and immigration restrictions they face in the U.S., while the U.S. Department of Treasury considers a request to remove the sanctions.
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October 10, 2024
Feds Say 'Buy America' Waiver In Train Project Should Stand
The U.S. Department of Transportation's Federal Railroad Administration is urging a D.C. federal court to toss a suit alleging it wrongly waived "Buy America" requirements for a Las Vegas high-speed train project, arguing the plaintiff vendor hasn't shown it would have won the contract if the waiver hadn't been granted.
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October 10, 2024
Trade Court OKs Expanded Duties On Chinese Canvas
The U.S. Court of International Trade approved a U.S. Department of Commerce ruling requiring a textiles company to pay antidumping duties on banner canvas, rejecting arguments that the duties only cover canvases that are primed for artistic use.
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October 09, 2024
Caterpillar Settles Wirtgen IP Row After Judge's $19.5M Ruling
Caterpillar and machinery manufacturer Wirtgen have reached a deal to resolve their legal fight after a Delaware court held that Caterpillar owes about $19.5 million in a patent case over road-milling machines.
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October 09, 2024
Trial Will Decide If Section 301 Duties Cover Car Parts
A U.S. Court of International Trade judge has ordered a trial to decide if an automotive company's vehicular sidebar imports are exempt from Section 301 tariffs on Chinese goods, saying she was uncertain of the products' primary use.
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October 09, 2024
Importer Denied Fee Award For Winning Duty Evasion Suit
The U.S. Court of International Trade refused to grant attorney fees to an importer that challenged a now-rescinded duty evasion ruling, ruling that the error did not belong to the agency the importer challenged.
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October 09, 2024
Mozambique Targets Heirs Over 'Tuna Bond' Bribery Award
Mozambique urged a London court on Wednesday to hold the heirs of shipbuilding magnate Iskandar Safa liable for the French-Lebanese billionaire's involvement in a bribery scheme as the country seeks to enforce a $1.9 billion damages award.
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October 09, 2024
Glencore Defendants Get 2027 Trial Date For Bribery Charges
Six former employees of Glencore PLC will stand trial in 2027 on corruption charges over allegations leveled by the Serious Fraud Office that they paid bribes to secure lucrative contracts for the oil giant in West Africa, a London judge said Wednesday.
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October 08, 2024
PetroSaudi Says US Not Entitled To All Of $380M Award
A PetroSaudi unit said it wants a California federal court to make clear that only 5% of funds should go to the Biden administration in a dispute over the proceeds of a nearly $380 million arbitral award allegedly tied to embezzled 1Malaysia Development Berhad funds.
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October 08, 2024
Apple Loses Bid For Jury Trial In Masimo Trade Secrets Fight
A California federal judge on Monday granted Masimo's request for a bench trial to address its trade secrets claims against Apple, noting that bench trials are almost always granted in situations where the plaintiff is seeking only equitable relief, and Apple hasn't convinced the court to deviate from that norm.
Expert Analysis
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Biden Admin Proposals May Facilitate US, UK, Australia Trade
Recent proposals that create exceptions to U.S. export licensing requirements for defense trade with Australia and the U.K. would remove hurdles that have hindered trade among the three countries, and could enable smaller companies in the sector to greatly expand their trade horizons, say Keil Ritterpusch and Grace Welborn at Buchanan Ingersoll.
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What TikTok's Race Against The Clock Teaches Chinese Firms
The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Best Practices For Responding To CBP's Solar Questionnaire
U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.
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A Look At US-EU Consumer Finance Talks' Slow First Steps
The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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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.