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International Trade
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August 14, 2024
Sanctioned Ghanaian Co. Says Law Firm's Fees Too High
An African energy company has slammed international arbitration specialty law firm Three Crowns LLP in Texas federal court for claiming nearly $200,000 in fees after the company was sanctioned for lying to a Ghanaian court.
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August 14, 2024
Air Force Didn't Vet Trade Agreement Compliance On IT Deal
The U.S. Government Accountability Office has sustained an HP Inc. unit's protest over a U.S. Air Force information technology deal, saying the winning bidder didn't properly show whether monitors it offered complied with the Trade Agreements Act.
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August 14, 2024
Fed. Circ. Says Fla. Judge 'Misread' Precedent In Elfbar Row
The maker of the popular Elfbar vape will get another shot at upending a court-imposed order banning it from selling under the "Elf" mark, the Federal Circuit ruled Wednesday, saying the district judge who ordered the injunction "misread" precedent and relied on a "deficient" legal analysis.
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August 14, 2024
Army Analyst Cops To Selling Military Secrets To China
A U.S. Army soldier and intelligence analyst has pled guilty to charges that he sold classified American military secrets to China for $42,000.
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August 14, 2024
Israel Boycott Bid On Pittsburgh Ballot Draws Challenges
A proposed ballot question calling for the city of Pittsburgh to boycott any work with or tax credits for entities that do business with or in Israel during its war in Gaza would be invalid because it violates state and federal laws, according to petitions filed in Pennsylvania state court by a Jewish organization, local clergy and the city controller.
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August 14, 2024
Baker McKenzie Adds Tax Expert To Monterrey Office
Baker McKenzie has added a partner from Turanzas Bravo & Ambrosi to its Monterrey, Mexico, office who brings more than 15 years of experience practicing international trade law with a focus on taxation and customs-related litigation.
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August 14, 2024
Feds Nab US-Iran Citizen On Aircraft Parts Charges
A dual U.S.-Iranian citizen was charged in D.C. federal court with procuring American aircraft parts and attempting to send them to Iran in violation of U.S. sanctions, the U.S. Department of Justice said Wednesday.
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August 14, 2024
Crowell & Moring International Hires IT Foundation Leader
Although Nigel Cory's profession as an international trade expert might have come as a surprise to his parents, their work was a catalyst for what became his decades-long fascination with working on trade issues, he told Law360 Pulse in an interview on Tuesday about his recent move to Crowell & Moring LLP's public policy affiliate.
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August 13, 2024
Texas Court Affirms Sole Arbitrator In Oilfield Machinery Fight
A Texas appeals court affirmed on Tuesday that arbitration over more than $1 million owed on an invoice for oilfield machinery should be heard by a sole arbitrator, ruling that a subsequent agreement between a Mexican drill rig manufacturer and a Houston company trumped the wording in their initial contract.
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August 13, 2024
No Cause To Revisit Maple Leaf Standard Yet, Fed. Circ. Says
The Federal Circuit on Tuesday declined a solar industry group's push to review a decades-old, "breathtakingly deferential" precedent a panel invoked in a decision affirming the president's Trade Act authority to make existing solar safeguard tariffs more trade restrictive.
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August 13, 2024
Poland Inks Estimated $12M Deal For Boeing Military Copters
Boeing announced Tuesday that it inked a deal to sell 96 Apache combat helicopters to Poland for its military, formalizing an estimated $12 billion transaction approved last year.
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August 13, 2024
Shipping Co.'s Cleaning Services Taxable, Wash. Court Affirms
A Washington state court properly denied a shipping company's request for a refund of sales tax paid on cleaning services for its shipping containers because the containers weren't integral to the ships' use, a state appellate court affirmed.
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August 13, 2024
3 International Trade Cases To Watch: Midyear Report
The Federal Circuit is on track to issue its final word in challenges to duties on Chinese products and a lumber dispute seeking the court's guidance despite an ongoing trade pact arbitration, while the World Trade Organization's dispute tribunal is hashing out Brussels' beef over Colombia's tariffs on frozen french fries. Here, Law360 highlights three cases to watch during the second half of this year.
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August 12, 2024
Suspect In Smuggling For 'Putin's War Machine' Extradited To US
A Russian-German national has been extradited to the U.S. from Cyprus and now faces criminal charges in New York federal court for allegedly smuggling American-sourced microelectronics to supply foreign manufacturers with parts to help arm Russia in its war against Ukraine.
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August 12, 2024
Judge Won't DQ Asst. US Atty In Standard Chartered FCA Case
A New York federal judge on Monday declined to disqualify an assistant United States attorney from a long-dismissed False Claims Act suit against Standard Chartered Bank, calling the whistleblower's arguments for disqualification meritless "to the point where they verge on vexatious and frivolous."
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August 12, 2024
Top 4 Trade Policy Developments Of 2024: Midyear Report
International trade continued its ascent as a national security and industrial policy tool this year, including through new sanctions aimed at isolating Russia, updated tariffs on Chinese goods, new solar import policies and an expanded definition of unfair subsidies. Here, Law360 takes a look back at the top trade policy developments of 2024 so far.
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August 12, 2024
Fed. Circ. Says Co. Can't Patent Coke Zero's Secret Sweetener
A Federal Circuit panel found Monday that the company that developed the artificial sweetener used in Coke Zero can't patent its formula after it has already touched the lips of customers even if they kept the recipe secret, something that's consistent with "precedent going back to the 1800s."
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August 09, 2024
9th Circ. Wipes Out BNSF's Retaliation Win
The Ninth Circuit on Friday overturned BNSF Railway Co.'s win in a late conductor's retaliation suit on Friday, saying the railroad failed to show it would've terminated the worker regardless of his refusal to stop conducting a brake test — even though the employer has insisted he was mainly fired for insubordination and misreporting his time card.
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August 09, 2024
Bond Denied For Ex-Ecuador Official Convicted In Bribery Plot
A Florida federal judge denied bond to Ecuador's ex-comptroller Friday after a jury convicted him earlier this year of laundering more than $12 million in bribes received in a construction scandal, saying the record would not support releasing him from custody before he is sentenced.
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August 09, 2024
Ex-Mozambique Finance Minister Convicted For $2B Scheme
Mozambique's former finance minister was convicted of wire fraud and money laundering conspiracy charges in connection with his role in the $2 billion "tuna bonds" scandal, prosecutors announced.
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August 09, 2024
DC Circ. Makes Case For Restarting FERC Gas Policy Revamp
The D.C. Circuit's recent wipeout of Federal Energy Regulatory Commission approvals of gas infrastructure projects is a sign that the agency should restart a stalled effort to update its decades-old pipeline approval policy, FERC watchers say.
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August 09, 2024
Fla. Forex Trader Gets 24 Years For $57M Ponzi Scheme
A purported foreign exchange trader has been hit with a 24-year prison sentence and a $57 million forfeiture order after pleading guilty to wire fraud and money laundering charges in connection with a Ponzi scheme that took in over 1,100 would-be investors.
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August 09, 2024
3 Notable Trade Disputes Of 2024: A Midyear Report
This year the U.S. Supreme Court refused its last outstanding challenge to the president’s tariff power, a split Federal Circuit panel expanded decades-old duties on plumbing pipes, and the first North American trade pact labor panel tossed Washington’s claims. Here, Law360 revisits the most notable international trade cases of 2024 so far.
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August 09, 2024
Nigeria Must Face $65M Award Suit, DC Circ. Rules
The D.C. Circuit on Friday affirmed a ruling greenlighting litigation to enforce a $65 million arbitration award issued to a Chinese company after it was ousted from Nigeria, saying the country's sovereign immunity defense fails because it agreed to arbitrate the dispute.
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August 08, 2024
ITC Rips Google's Bid To Wield Chevron's End In Sonos Row
The U.S. International Trade Commission on Thursday joined Sonos in urging the Federal Circuit to reject Google's argument that the end of so-called Chevron deference means the appellate court should review precedent on the ITC's patent powers, calling the dispute a "poor vehicle" for such a review.
Expert Analysis
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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.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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Counterfeits At The Olympics Pose IP Challenges
With the 2024 Olympic Games quickly approaching, the proliferation of counterfeit Olympic merchandise poses a difficult challenge to the protection of intellectual property rights and the preservation of the Olympic brand's integrity, says Kimiya Shams at Devialet.
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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.