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International Trade
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June 18, 2024
Panama Gov't Faces New Proceedings Over Canal Expansion
The Panamanian government is facing two new arbitration proceedings brought by two shareholders of a contractor over efforts to expand the Panama Canal, according to a statement issued Monday by the Panama Canal Authority.
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June 18, 2024
ITC To Eye Samsung Loss In LCD Patent Suit Against Rival
The U.S. International Trade Commission decided Monday to review several issues in a judge's decision that cleared Manufacturing Resources International Inc. in a suit by Samsung accusing it of infringing LCD digital display patents.
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June 18, 2024
Circumvention Finding Twisted Trade Statute, Pipe Co. Says
The U.S. Department of Commerce contorted its statutory authority to foist circumvention duties on a Vietnam-based pipe producer that has already cleared dumping and unfair subsidy allegations, the company said in a motion calling to roll back the levies.
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June 18, 2024
Steel Co. Says Cambodian Hangers Are Skirting Hefty Duties
A domestic hanger manufacturer accused its foreign rivals of skirting steep antidumping and countervailing steel tariffs by shipping hangers made with Chinese and Vietnamese steel from Cambodia.
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June 18, 2024
Foley Hoag Hires Former DOJ Fraud Section Deputy
Foley Hoag LLP has hired a former deputy chief of the U.S. Department of Justice's Fraud Section, who will work with the firm's white collar crime and government investigations practice in Washington, D.C.
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June 17, 2024
Cocoa Trade Case May Hinge On Justices' Mifepristone Ruling
The U.S. Supreme Court's recent narrow ruling on standing in a case over access to the abortion medication mifepristone may figure prominently in upcoming oral arguments in a dispute involving imported cocoa allegedly harvested via forced child labor before the U.S. Court of International Trade, a judge said Monday.
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June 17, 2024
Huawei Slams Netgear's 'Tenuous' RICO Case
Huawei has responded to a racketeering and antitrust case from a major U.S. maker of Wi-Fi routers by calling it "rife with tenuous legal and factual claims" and comparing its reworking of patent infringement allegations to the U.S. Federal Trade Commission's failed antitrust case against Qualcomm.
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June 17, 2024
Repeat Violations Land Ore. Forwarder Export Denial Order
An Oregon-based package forwarder has lost export privileges just days before clearing a three-year probationary period for alleged unlicensed rifle scope exports, after an audit revealed 176 new violations, the U.S. Department of Commerce announced Monday.
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June 17, 2024
Commerce Says Trimmed Garlic Covered By Fresh Garlic Duty
The U.S. Department of Commerce ruled Monday that peeled and trimmed garlic is covered by an anti-dumping duty order on fresh Chinese garlic.
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June 17, 2024
Justices Reject Dispute Over $3.1B South Korean Military Deal
The U.S. Supreme Court declined Monday to consider the scope of commercial activities in a case brought by a brokerage firm fighting the loss of a $3.1 billion South Korean military satellite deal.
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June 14, 2024
Fed Limits Bank's Fintech Dealings Over Risk Concerns
The Federal Reserve filed a cease-and-desist order against an Arkansas bank Friday requiring it to obtain federal and state approval before partnering with any fintech companies going forward after the agency identified risk management deficiencies in recent safety and compliance exams.
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June 14, 2024
G7 Takes Aim At China Trade For Prolonging Ukraine War
The Group of Seven leaders' statement Friday promised additional measures on top of sanctions announced by the U.S. and partner countries this week should Beijing continue selling sensitive technology to Russia.
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June 14, 2024
FAA Probes Fake Titanium Docs From Boeing Supplier
The Federal Aviation Administration said Friday that it's investigating whether certain Boeing Co. jets were manufactured with titanium components that may have been sold to the plane maker with falsified authenticity documents.
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June 14, 2024
US Urges 5th Circ. To Back $2M Tax Bill For Tire Imports
The Fifth Circuit should overturn a lower court's ruling that a Houston truck company was not an importer responsible for nearly $2 million in excise taxes on tires it bought from a Chinese manufacturer, the U.S. told the Fifth Circuit on Friday.
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June 14, 2024
Brazil Telecom Tower Investor Sues For Delaware Litigation
A Mexican investor with a small equity position in a Delaware limited partnership that builds and operates telecommunications towers in Brazil sued the partnership in Delaware's Court of Chancery Friday for injunctive relief, seeking to ensure that any litigation with the partnership or its affiliates takes place in the First State and not Brazil.
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June 14, 2024
'Bless Your Heart': The Art Of Taming A Chatty Witness
When a former U.S. Department of Agriculture official took the stand as a prosecution witness in the federal corruption trial of Sen. Robert Menendez, he took great pains to be clear and complete in his answers — so much so that prosecutors, defense attorneys and the judge repeatedly asked him to talk less.
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June 14, 2024
9th Circ. Balks At Gas Buyers' Price-Fix Fight Over Trump Pact
A Ninth Circuit panel appeared skeptical Friday of efforts to revive a proposed antitrust class action alleging that Chevron, Exxon Mobil and others fixed gasoline prices following the Trump administration's 2020 oil production deal with Russia and Saudi Arabia, with each judge doubting that federal courts have jurisdiction over the dispute.
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June 14, 2024
3rd Circ. Won't Halt 'Made In America' False Ad Ruling
The Third Circuit will not pause an injunction against Albion Engineering Co. for falsely marketing its caulking guns as made in the United States, according to a Friday order declining to hold off the New Jersey federal court's order while the firm appeals.
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June 14, 2024
DOJ Can't Force Retroactive FARA Registration, DC Circ. Says
The U.S. Department of Justice can't force casino magnate Steve Wynn to retroactively register as a foreign agent because his alleged lobbying efforts on behalf of China ended years ago, a D.C. Circuit panel ruled Friday.
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June 14, 2024
Enviros Fight FERC OK Of Pipeline Feeding Mexico LNG Plant
The Sierra Club and Public Citizen called on the D.C. Circuit to review the Federal Energy Regulatory Commission's approval of a methane gas pipeline to run between West Texas and Mexico, asserting the agency failed to conduct a thorough analysis of the pipeline's 157 U.S.-based miles.
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June 14, 2024
Daimler Truck Unit Says Mexican Supply Slowdown Cost $18M
A Daimler Truck subsidiary claimed in a lawsuit filed in Michigan federal court that a supplier's failure to keep up with production volumes has forced the diesel-engine manufacturer to stall its own production and lose more than $18 million.
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June 14, 2024
Dog Adoption Groups Assail 'Radical' CDC Import Rule
A "radical" new rule issued by the Centers for Disease Control and Prevention banning the import of dogs younger than six months does nothing to combat canine rabies and instead will lead to the death of thousands of puppies that U.S. citizens are eager to adopt, according to a suit filed by a group of animal adoption charities.
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June 13, 2024
Menendez Trial Delayed After Co-Defendant Gets COVID
The bribery trial against U.S. Sen. Bob Menendez and associates has been halted for at least two days because co-defendant Fred Daibes has COVID-19, a judge said Thursday afternoon.
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June 13, 2024
Canadian Businessman Cops To Stealing Tesla Trade Secrets
A Canadian businessman residing in China pled guilty in New York federal court to scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Thursday.
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June 13, 2024
Chinese Officials Promise Response On EV Tariffs
A Chinese Foreign Ministry official told reporters on Thursday that Beijing "will take all measures necessary" to combat planned European Union tariffs on its electric-vehicle exports, after Brussels announced preliminary countervailing duty rates of up to 38.1%.
Expert Analysis
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Traversing The Web Of Nonjudicial Grievance Mechanisms
Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.
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Analyzing New EU Measure To Prevent Reexports To Russia
Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Cos. Should Prepare For Foreign Data Transfer Regulations
A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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5 Takeaways From SAP's Foreign Bribery Resolutions
German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.