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International Trade
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August 29, 2024
Albright Boots $8B EV Trade Secrets Suit For Improper Venue
U.S. District Judge Alan Albright tossed out a $7.8 billion trade secrets dispute between two electric vehicle companies, adopting a federal magistrate judge's recommendation that the case should be handled in Israel where he said both companies and the majority of the individuals related to the matter already are.
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August 29, 2024
Quinn Emanuel Seeks DC Circ. Rehearing In $486M Award Fight
Quinn Emanuel Urquhart & Sullivan LLP has asked the D.C. Circuit to reconsider its ruling in a dispute over the firm's authority to represent a port operator in a long-running legal battle with the Republic of Djibouti.
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August 29, 2024
Trade Court Wants More Info To Decide Generator's Duty Rate
A U.S. Court of International Trade judge won't yet resolve whether a Korean energy company could import the supermodule for its hydrogen fuel cell generator into the U.S. duty-free, saying he needs more information on the product.
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August 29, 2024
Nippon Pledges $1.3B For US Steel In Quest For US Approval
Nippon Steel Corp. has pledged to inject an additional $1.3 billion into United States Steel Corp. facilities as the Japanese company looks to get over the finish line with U.S. regulators on its controversial $14.9 billion merger proposal.
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August 28, 2024
Boston Consulting Group Avoids FCPA Prosecution, Feds Say
The U.S. Department of Justice has declined to prosecute Boston Consulting Group Inc. for former employees' alleged bribery of Angolan officials because of the management consulting firm's self-disclosure of the misconduct, as well as its cooperation, remediation and disgorgement of more than $14.4 million.
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August 28, 2024
Fed. Circ. Won't Make ITC Reopen Drill Patent Suit
The Federal Circuit said Wednesday that a Japanese company that makes power drills can't force the U.S. International Trade Commission to finish adjudicating a patent case from a rival after the infringement allegations were dropped.
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August 28, 2024
Russia Seeks Pause On $5B Naftogaz Award Suit
Russia thinks that the D.C. federal court overseeing a bid by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award over the seizure of its Crimean assets ought to pause the matter while proceedings in the Netherlands play out.
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August 28, 2024
No Money For Air Gun Co. Investors, NC Biz Court Told
The court-appointed overseer of an air gun business has asked the North Carolina Business Court to overrule an attempt by two minority owners of a parent company of the business to get paid as the air gun company is dismantled, with the overseer arguing that the owners' payout isn't a priority as a dearth of funds is drained.
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August 28, 2024
Disney's $8.5B India Media Merger Gets Regulatory Nod
India's competition watchdog said in a statement Wednesday it has conditionally approved the proposed $8.5 billion merger between Disney India's media business and Reliance Industries, after the merging entities reportedly overcame regulatory concerns about their grip on broadcast rights to cricket.
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August 28, 2024
Attys Duel Over Fees After $12.8M Deal In Chiquita MDL
Attorneys for different sets of plaintiffs in long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitary groups are facing off over attorney fees after a settlement in the case.
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August 28, 2024
Judge Adds $2.4M To $2M IP Verdict Against Mining Co.
A Texas federal judge ordered a Norwegian mining company to pay $2.4 million, on top of a $2 million jury verdict, covering oil drilling device sales made after they were found to infringe a rival's intellectual property.
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August 27, 2024
Miss. Seafood Co. Pleads Guilty To 'Fish Substitution' Scheme
The largest seafood wholesaler in the Mississippi Gulf Coast and two of its managers pled guilty Tuesday to scheming with others to market and sell cheap frozen fish imports as premium and locally sourced, federal prosecutors in Mississippi announced.
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August 27, 2024
Philip Morris' Vape Brand Loses ITC Decision In Juul Fight
The operator of the Philip Morris brand said Tuesday that it disagrees with a ruling from a U.S. International Trade Commission judge who found that the company's vape brand infringes patents owned by rival Juul.
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August 27, 2024
ITC To Look Into Infineon's Patent Claims Against Innoscience
The U.S. International Trade Commission launched an investigation Tuesday into certain semiconductor devices and products that use gallium nitride technology after semiconductor manufacturer Infineon Technologies accused China-based chipmaker Innoscience of infringing several patents.
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August 27, 2024
Fed. Circ. Won't Speed Up Apple Watch Ban Appeal
The Federal Circuit on Tuesday denied Apple Inc.'s request to expedite oral arguments in its appeal challenging the U.S. International Trade Commission's decision banning the tech giant from selling Apple Watches with a "blood oxygen" feature in the Masimo patent case.
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August 27, 2024
No Coverage For Tire Co.'s Unpaid Invoices, Judge Rules
A tire manufacturer cannot get insurance coverage for millions in unpaid invoices it is owed, a Florida federal court has ruled, finding that the manufacturer made a material misrepresentation in its insurance application concerning the creditworthiness of one of its largest customers.
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August 27, 2024
NY Fines Nordea Bank $35M In Panama Papers-Linked Action
New York's Department of Financial Services announced Tuesday that Nordea Bank Abp will pay $35 million to settle allegations of "significant" anti-money laundering compliance failures, including helping customers set up offshore accounts for tax-sheltered companies tied to the Panama Papers.
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August 27, 2024
Return Of Venezuela Sanctions Reignites Criminal Probes
Criminal investigations into Venezuela-related sanctions violations appear to be ramping back up since the U.S. government reimposed crushing trade penalties on the South American country's oil and gas sectors in response to an allegedly sham presidential election, according to experts.
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August 27, 2024
US Arrests Hungarian Suspected Of Sending Radios To Russia
The U.S. Department of Justice announced criminal charges against a Hungarian national suspected to have run a multinational procurement network designed to help Russia obtain U.S. military-grade communications technology.
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August 26, 2024
Banks' $20M Platinum Traders Antitrust Deal Gets Initial OK
A New York federal judge preliminarily approved Saturday a $20 million deal to resolve a nearly decade-old putative class action alleging Goldman Sachs, German industrial company BASF and two other banks fixed platinum and palladium prices.
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August 26, 2024
Masimo, Apple Fight Over Jury Hearing Trade Secrets Claims
After a California jury deadlocked last year in Masimo's high-stakes intellectual property case against Apple over the way the latter company's watches are programmed to monitor blood oxygen, the medical technology contractor says it wants a bench trial to address its trade secrets claims next time around, but Apple is opposing that move.
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August 26, 2024
Canada Planning 100% Surtax On Chinese EVs, 25% On Steel
Canada plans to implement a 100% surtax on imported Chinese electric vehicles and a 25% surtax on Chinese steel and aluminum as part of a package intended to protect Canadian industry from unfair competition, the country's Department of Finance said Monday.
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August 26, 2024
Feds Advance Probe Into Chinese Shotgun Metal Imports
The U.S. International Trade Commission advanced an investigation into Chinese imports of a metal used to produce shotgun shells, finding reason to believe the imports were preventing domestic businesses from establishing a foothold in the U.S. market.
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August 26, 2024
Energy Cases To Watch In The 2nd Half Of 2024
Even after an action-packed first half of 2024, plenty of high-stakes energy litigation remains, including a new twist in the prolonged battle over climate change lawsuits against fossil fuel companies, as well as cases that could influence federal climate change policy. Here are several cases energy attorneys will be watching in the second half of the year.
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August 23, 2024
Maxell Urges Trade Commission To Bar TCL Smart TV Imports
Maxell Ltd. urged the U.S. International Trade Commission to permanently bar TCL from importing certain smart televisions that Maxell claims infringe several of its patents, saying TCL continues to import allegedly infringing televisions despite being long aware of Maxell's patent portfolio.
Expert Analysis
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Opinion
European Union Criticisms Of The FCPA Are Misguided
Some in the European Union have criticized U.S. enforcement of the Foreign Corrupt Practices Act for what they perceive as jurisdictional overreach, but this appears to overlook the crucial fact that jurisdiction is voluntary, and critics should focus instead on the lack of equivalent laws in their own region, say John Joy and YuTong Wang at FTI Law.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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The Good, The Bad And The New Of The UK Sanctions Regime
Almost six years after the Sanctions and Money Laundering Act was introduced, the U.K. government has published a strategy paper that outlines its focus points and unveils potential changes to the regime, such as a new humanitarian exception for financial sanctions, highlighting the rapid transformation of the U.K. sanctions landscape, says Josef Rybacki at WilmerHale.
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The Road Ahead For Florida's Drug Importation Program
Though the U.S. Food and Drug Administration approved Florida's drug importation program in January, a series of hurdles — including requisite buy-in from Canada — and potential legal challenges must be addressed before importation can begin, say attorneys at Ropes & Gray.
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Assessing Chinese Cross-Border Data Transfers
Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
OFAC Should Loosen Restrictions On Arbitration Services
The Office of Foreign Assets Control regulations should be amended so that U.S. persons can provide arbitration services to sanctioned parties — this would help align OFAC policy with broader U.S. arbitration policy, promote efficiency, and effectively address related geopolitical and regulatory challenges, says Javier Coronado Diaz at Diaz Reus.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.