International Trade

  • March 26, 2024

    US EV Subsidies Discriminatory, China Tells WTO

    Domestic production rules for U.S. electric vehicles to qualify for subsidies under the Inflation Reduction Act are discriminatory, the Chinese Ministry of Commerce said Tuesday, announcing it had filed a complaint with the World Trade Organization.

  • March 25, 2024

    Difficult Issues May Blur Choice On Investment Protection

    Contradictory stances toward investment protection within Latin America — including at least one country completely reversing its previous position on the issue — illustrate that while investment arbitration is facing very legitimate criticisms, a country's stance on the issue isn't always black and white.

  • March 25, 2024

    Fed. Circ. Dissent Raises Alarm Over IP Safe Harbor Use

    A California federal judge rightly dismissed Edwards Lifesciences Corp.'s infringement suit against Meril Life Sciences Pvt. Ltd., the Federal Circuit held Monday, with a dissent arguing such a holding would "create future mischief."

  • March 25, 2024

    US Accuses 7 Chinese Nationals Of Hacking Conspiracy

    The Biden administration filed criminal charges and issued economic sanctions on Monday against Chinese nationals who allegedly attempted hack into the accounts of government officials and defense companies under the auspices of a cyberespionage program supposedly backed by China.

  • March 25, 2024

    Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony

    Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.

  • March 25, 2024

    Bank Says Immunity In Terrorism Suit Not Issue For Justices

    A Lebanese bank has urged the U.S. Supreme Court not to review a Second Circuit ruling that it could have sovereign immunity over terrorism victims' claims that it funded Hezbollah, saying the appeals court had not offered a final ruling appropriate for review.

  • March 25, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.

  • March 25, 2024

    FTX Clawbacks Unlikely To Help Bankman-Fried At Sentencing

    FTX founder Sam Bankman-Fried probably won't find much success in arguing for a shorter prison term based on the billions of dollars recovered by the shuttered crypto exchange's bankruptcy estate, experts told Law360 ahead of this week's much-anticipated sentencing hearing.

  • March 25, 2024

    Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."

  • March 22, 2024

    Success Unlikely For Menendez As Independent, Analyst Says

    Although embattled Sen. Robert Menendez, under indictment on federal corruption charges, announced he will not run in New Jersey's Democratic primary but may seek reelection as an independent, the effort is likely to be fruitless, a Garden State political analyst said Friday.

  • March 22, 2024

    Businessman Indicted Over Hiding Of $20M In Swiss Accounts

    A Brazilian-American businessman accused by the government in a criminal complaint of hiding $20 million from the Internal Revenue Service over 35 years by using Swiss bank accounts was indicted by a federal grand jury in Miami and charged with tax evasion, according to a Florida federal court.

  • March 22, 2024

    Trade Court Clears Feds' Voluntary Solar Cell Duty Reduction

    The U.S. Court of International Trade has cleared the U.S. Department of Commerce's decision to voluntarily reduce countervailing duties on Chinese solar cells, accepting trade officials' new method of calculating importers' ocean freight costs.

  • March 22, 2024

    EU Pushes For Steep Tariffs On Russian And Belarusian Grain

    The European Commission said Friday that it's working to constrain Russia's ability to fund its war against Ukraine by increasing tariffs on cereal, oil seed and grain product imports from Russia and its Union State partner, Belarus.

  • March 22, 2024

    Commerce Lifts Block On Transnational Subsidy Probes

    The U.S. Department of Commerce erased a nearly 40-year-old regulation on Friday so it can impose countervailing duties on subsidies China provides its trade partners, despite opposition from foreign governments that the move would conflict with World Trade Organization obligations.

  • March 22, 2024

    DLA Piper Lands McMillan Hong Kong Office Leader

    DLA Piper has hired for its cross-border capital markets practice an experienced attorney who formerly led McMillan LLP's Hong Kong office and was co-chair of the firm's China practice group.

  • March 22, 2024

    Oil Shipper Fails To Have UK Sanctions Temporarily Lifted

    A Dubai-based oil shipping company failed in its attempt to have U.K. sanctions temporarily lifted after a London judge ruled Friday that the British foreign secretary has to review the decision to designate the company before the courts have jurisdiction to rule on its claim.

  • March 21, 2024

    GAO OKs Trade Compliance In Defense Container Deal

    The U.S. Government Accountability Office backed the Defense Logistics Agency's reliance on a contractor's certification that containers it was tapped to ship would use South Korean materials, rejecting a protester's contention the agency should have suspected materials would instead come from China.

  • March 21, 2024

    UN Cautiously Optimistic For Trade 'Rebound' This Year

    Global trade in both goods and services was up in the first quarter of 2024, the United Nations Conference on Trade and Development reported Thursday, forecasting a "rebound" this year after a difficult 2023.

  • March 21, 2024

    6th Circ. Skeptical Of Enbridge's Late Pipeline Suit Transfer

    A Sixth Circuit panel questioned how Enbridge Energy LP could move a lawsuit seeking to shut down one of its pipelines to federal court more than two years after it was filed, pressing the company Thursday to justify missing the 30-day cutoff for removals.

  • March 21, 2024

    Ohio Biz Can't Revive Tariff On Brazilian Cold-Rolled Steel

    An Ohio-based steel company wasn't able to unravel a U.S. International Trade Commission decision that freed Brazilian cold-rolled steel from tariffs, after the U.S. Court of International Trade ruled the commission hadn't erred while evaluating the effect of the imports on the domestic industry.

  • March 21, 2024

    Trade Court Says Glycine Duty Suits Are Too Different To Combine

    The U.S. Court of International Trade refused to consolidate a Texas glycine producer's two challenges to the U.S. Department of Commerce's handling of separate scope ruling requests, saying the lawsuits weren't similar enough to hear at once.

  • March 21, 2024

    FERC Nominees Carefully Walk Climate Line In Senate Hearing

    Federal Energy Regulatory Commission nominees on Thursday told a U.S. Senate panel that the agency isn't a climate change regulator, but they didn't close the door on FERC ever considering climate impacts in its decision making either.

  • March 21, 2024

    Sen. Menendez's Wife Keeps Attys After Feds Allege Conflict

    Nadine Menendez, the wife of New Jersey's U.S. Sen. Robert Menendez, told a Manhattan federal judge Thursday that she will stick with her Schertler Onorato Mead & Sears LLP lawyers ahead of their corruption trial after prosecutors alleged an ethical conflict.

  • March 20, 2024

    Russian F1 Driver's EU Sanctions Over Oligarch Father Lifted

    A Formula One racing driver and son of a Russian oligarch has won his fight to lift European Union sanctions, with a court ruling Wednesday there was insufficient evidence to prove that his business interests were benefiting from his fathers' wealth.

  • March 20, 2024

    Belarusian Tire Maker Wins EU Sanctions Challenge

    The European Union unlawfully imposed sanctions on a state-owned Belarusian tire business because it failed to prove that the company was supporting the country's president, a European court ruled Wednesday.

Expert Analysis

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • A Guide To New Russia Sanctions For Foreign Financial Cos.

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    Attorneys at Foley Hoag take foreign financial companies on a deep dive into the compliance advice the U.S. Office of Foreign Assets Control issued after President Joe Biden's December executive order widened a Russian import ban and authorized sanctions against businesses that transact with Russia's military-industrial base.

  • How Russia Sanctions Bills Could Reshape Asset Forfeiture

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    Several U.S. legislative proposals to seize billions in frozen Russian assets for post-war reconstruction of Ukraine would bypass traditional asset forfeiture guardrails, making it crucially important that practitioners remain vigilant and understand when to proactively engage with the government, say attorneys at Kasowitz.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Opinion

    Stakeholder Amici Should Be Heard In Russian Trade Case

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    Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.

  • US Cos. Must Guard Against Russian Diversion Of Goods

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    Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.

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