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International Trade
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June 11, 2024
Skechers Supplier Banned For Alleged Forced Labor Ties
Federal authorities announced on Tuesday three new additions — including a shoemaker linked to the sneaker brand Skechers — to their blacklist of companies purportedly linked to systematic oppression of Uyghurs and other minority groups in China.
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June 11, 2024
UniCredit Overturns $69M Plane Payment Sanctions Ruling
UniCredit was entitled to withhold $69.3 million in payments to lessors for Russian planes because of sanctions, a London appellate court ruled Tuesday, partly overturning findings that it was not reasonable for the bank's U.K. branch to believe it could not make the payments.
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June 10, 2024
Sen. Cassidy Releases Trade Facilitation Framework
Sen. Bill Cassidy, R-La., released a policy document Monday outlining priority areas for a forthcoming bill to update U.S. customs law, emphasizing streamlined procedures and technology updates to speed up processing at the border.
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June 10, 2024
Contractor Seeks Win In Protest Of $186M In DOD Fuel Deals
A bid protester has urged the Court of Federal Claims to rule that the Defense Logistics Agency wrongly ignored signs of misconduct from two companies awarded $186 million in fuel delivery deals in Syria and Iraq, and disqualify the companies.
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June 10, 2024
US Treasury Targets Houthi Maritime Smuggling Network
The U.S. Department of the Treasury added 10 entries to its sanctions blacklist Monday, including designations for crew members and purported document forgers linked to an Iran-based financier the agency views as a leading enabler of Yemen's Houthi rebels.
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June 10, 2024
Big Tech Urges US Reprisal Over Canada's Impending DST
The Office of the U.S. Trade Representative should open formal dispute proceedings with the Canadian government in response to a 3% digital services tax that is expected to soon pass in the Canadian Senate, business groups with members in the U.S. tech industry said Monday.
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June 10, 2024
Menendez Likely Knew About Mercedes Bribe, Jury Told
A former New Jersey insurance broker testified Monday in New York federal court that he never spoke directly to U.S. Sen. Robert Menendez about providing the down payment and monthly installments for a luxury car for his wife, but indicated that he suspected the senator knew about the arrangement.
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June 10, 2024
Victims Of Chiquita-Funded Paramilitaries Win $38M Award
The first bellwether trial in multidistrict litigation against Chiquita over its funding of right-wing paramilitaries in Colombia's banana-producing region ended with a victory Monday afternoon for nearly all the plaintiffs, as a Florida federal jury awarded them $38.3 million in damages for the losses of their loved ones killed by paramilitaries.
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June 07, 2024
Ex-Prosecutors Join Effort To Free Imprisoned Binance Exec
More than 100 former federal prosecutors and law enforcement agents have called on the U.S. State Department to ramp up efforts to free Tigran Gambaryan, a Binance compliance executive and former IRS agent, from Nigerian custody over what they call false charges tied to money laundering and tax evasion.
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June 07, 2024
Trade Commission Votes To Advance Solar Cell Investigations
The four heads of the U.S. International Trade Commission voted unanimously Friday to continue anti-dumping and countervailing duty investigations into solar cell imports from Cambodia, Malaysia, Thailand and Vietnam, finding evidence that the imports harmed domestic solar manufacturers.
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June 07, 2024
First Trial Over Chiquita Paramilitary Payments Goes To Jury
A Florida federal jury on Friday began deliberating whether Chiquita is liable for several deaths at the hands of right-wing paramilitary organization Autodefensas Unidas de Colombia although deliberations paused in the afternoon and are scheduled to resume on Monday.
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June 07, 2024
3 IPEF Agreements Done, But Still No Sign Of Trade Pillar
Three of the four "pillars" of the Indo-Pacific Economic Framework for Prosperity and the initiative's overarching agreement are now complete, the U.S. Department of Commerce has announced, but there's still no timeline for finishing the deal's trade pillar
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June 07, 2024
Galvion To Pay $2.5M For Alleged US Gear With Foreign Parts
Military gear company Galvion Ltd. has agreed to a $2.5 million settlement to resolve allegations that it sold gear containing foreign-sourced components to the U.S. government despite knowing the components had to come from the United States, the U.S. Department of Justice announced.
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June 07, 2024
GOP Sens. Look To Sanction ICC Over Netanyahu Warrant
Following the House's passage of a bill to sanction the International Criminal Court for issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, Senate Republicans are pushing for their chamber to follow the House's lead.
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June 07, 2024
GOP Lawmakers Want Chinese Battery Cos. Blacklisted
Republican lawmakers urged the U.S. Department of Homeland Security to add two Chinese battery makers to an import blacklist for having ties to a Chinese government entity that the U.S. government has sanctioned for human rights abuses against China's Uyghur minority.
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June 07, 2024
Ex-Insurance Broker Tells Jury He Bribed Sen. Menendez
A former insurance broker testified Friday that he bribed U.S. Sen. Robert Menendez to intervene in an investigation by the New Jersey attorney general's office in return for a Mercedes-Benz convertible, which replaced a car that was totaled in a fatal crash involving the congressman's wife.
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June 07, 2024
Shein's Pursuit Of London IPO Proves US-China Rift Persists
Online fashion giant Shein's expected pivot to London rather than the United States for its initial public offering — triggered by persistent tensions between China and the U.S. — will be closely watched by IPO prospects mulling where to list their shares in a dicey geopolitical climate, experts say.
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June 06, 2024
USPTO Rejects Apple's Bids To Reexamine Masimo Patents
Apple has failed to convince examiners at the U.S. Patent and Trademark Office that there are any new reasons to cancel claims in a pair of patents cited in a U.S. International Trade Commission ruling that blocks the tech giant from importing Apple Watches with a blood oxygen sensor.
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June 06, 2024
Victims Say Chiquita Paramilitary Payments Weren't Extortion
Attorneys for the families of people killed by right-wing paramilitaries in Colombia's banana-producing region asked jurors Thursday for an amount totaling tens of millions of dollars in damages as they closed out their Florida federal case against Chiquita, arguing the company willingly funded paramilitary groups.
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June 06, 2024
Transport Monopoly Indictment Is Deficient, Accused Says
One of 12 individuals who U.S. federal prosecutors claim conspired to monopolize cross-border sales of used vehicles and other goods from the U.S. to Central America using violence has moved to dismiss antitrust charges, saying prosecutors omitted elements of an indictable offense.
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June 06, 2024
GAO Won't Back Protest Over $186M In DOD Fuel Deals
The U.S. Government Accountability Office said it would reject allegations that the Defense Logistics Agency should have disqualified two awardees from $186 million in fuel delivery deals in Syria and Iraq, saying the agency properly investigated alleged misrepresentations by the companies.
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June 06, 2024
Former New Jersey AG Recalls 'Gross' Meeting With Menendez
A U.S. Securities & Exchange Commission official took the stand in the bribery trial of Sen. Robert Menendez on Thursday, testifying that he shut down "gross" inquiries by the congressman while the official was serving as New Jersey's attorney general.
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June 06, 2024
'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say
BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect."
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June 05, 2024
Bank Shareholders Say Venezuelan Takeover Cost Them $27M
Shareholders in a small Miami bank told jurors Wednesday that board members working for the Venezuelan government had taken control of the bank and cost shareholders $27 million by engaging with the sanctioned Venezuelan government.
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June 05, 2024
Chamber Says New Docs Show Transparency Issues At USTR
The U.S. Chamber of Commerce is expressing transparency concerns about certain policy decisions after documents provided under the Freedom of Information Act revealed that Biden trade officials are utilizing a "deferential and highly coordinated approach" in their relationship with Sen. Elizabeth Warren, D-Mass.
Expert Analysis
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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What US-Canada Critical Minerals Collab Means For Cos.
Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.
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Expect CFPB Flex Over Large Nonbank Payment Cos.
A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Mitigating Antitrust Risk Amid Increased Dealmaking Scrutiny
While deals continue to get done despite 60% of significant merger investigations in the U.S. last year concluding with a complaint or abandoned transaction, private equity firms should identify and assess potential antitrust risks and develop strategies to mitigate them early in the deal process, say attorneys at Dechert.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Business Takeaways From Biden's Global Labor Rights Memo
President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.
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1 Year In, Money Laundering Law Tweak May Have Big Impact
Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.
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How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing
The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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Unpacking Long-Awaited Clean Energy Tax Credit Guidance
Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.