International Trade

  • February 22, 2024

    10th Circ. Won't Enforce $2.3M Award In Shipping Feud

    The Tenth Circuit has shut down a shipowner's bid to enforce a $2.3 million arbitral award against a charterer's founder following a dispute over a stymied Venezuelan oil shipping deal, rejecting arguments that the shipowner could hold the founder liable as his company's alter ego.

  • February 22, 2024

    Russian Bank President Charged With Sanctions Violations

    The head of a Russian-state-owned bank has been charged in New York federal court with evading economic sanctions by conspiring with others to maintain his two super-yachts and a luxury home in Aspen, Colorado, prosecutors said Thursday.

  • February 22, 2024

    Ex-Vitol Trader Denies Knowing Of Bribes, As Trial Nears End

    Counsel for a former Vitol Group executive told a New York federal jury in closing arguments Thursday that his client wasn't aware of bribes being paid to officials in Ecuador and Mexico in order to obtain $500 million in state contracts, while a prosecutor insisted that the former oil trader was the linchpin to the corruption scheme.

  • February 22, 2024

    Commerce's Intransigence Spurs 2nd Xanthan Gum Remand

    The U.S. Department of Commerce's continued refusal to provide a Chinese xanthan gum producer a chance to correct its customs data before issuing penalties called for a second remand in the case, a U.S. Court of International Trade judge ruled Thursday.

  • February 22, 2024

    Feds Back Fed. Circ. Deference To Trump Solar Duty Change

    The Biden administration urged the full Federal Circuit not to rehear energy companies' challenge to modified safeguard duties on solar goods, disagreeing with the importers' contention that a panel gave former President Donald Trump too much deference when allowing the safeguards.

  • February 22, 2024

    Biz Group Urges OECD Candidates To Back Digital Duties Ban

    The U.S. Council for International Business urged countries vying to be members of the Organisation for Economic Co-operation and Development to support a global moratorium on digital tariffs that is set to expire in a week.

  • February 22, 2024

    Rail Coupler Maker Says Duty Suits Too Dissimilar To Merge

    A trio of cases challenging new duties on rail couplers from China and Mexico aren't similar enough to consolidate, according to a U.S. producer whose attorney used to represent a rival manufacturer that filed one of the suits.

  • February 22, 2024

    International Trade Group Of The Year: Crowell & Moring

    Crowell & Moring LLP saw success on both sides of the Atlantic this year, with its attorneys successfully representing Indian steel importers in a trade matter involving dozens of European enforcement agencies and winning the quick remand of American steel anti-dumping duties, landing it a spot among Law360's 2023 International Trade Practice Groups of the Year.

  • February 21, 2024

    DOJ Says Yakuza Boss Tied To Trafficking Nuclear Materials

    A Japanese national — who authorities allege is a leader of the Japanese Yakuza crime syndicate — conspired to traffic nuclear materials from Myanmar to other countries, including to a person he thought was an Iranian general, authorities alleged in New York federal court Wednesday.

  • February 21, 2024

    Cannabis CEOs Wasted Wealthy Russian's Money, Suit Claims

    Two California businessmen who were given $145 million by a now dead Russian billionaire to begin cannabis growing operations in the state are accused of gross mismanagement and squandering his investment, according to a lawsuit filed in Los Angeles County court.

  • February 21, 2024

    Chinese Silicon Co. Says CBP Can't Back Forced Labor Finding

    A Chinese silicon producer is challenging U.S. Customs and Border Protection blocking its imports, arguing that the agency has provided no evidence to back up its finding that the company relied on forced labor.

  • February 21, 2024

    FCC Commissioner To Meet With Indian Gov't On TikTok Ban

    FCC Commissioner Brendan Carr is finally getting the chance to chat with Indian officials about the country's decision to ban TikTok over concerns about the Chinese government's influence over the app, a decision he has pushed for here in the United States, during a visit to India.

  • February 21, 2024

    Scammer Freed By Trump Indicted On New Charges

    A previously convicted scammer whose sentence was commuted by former President Donald Trump has been indicted by a grand jury on new charges that he began running multiple rackets, including a fraudulent aid-for-Ukraine scheme, shortly after leaving prison, New Jersey's top federal prosecutor said.

  • February 21, 2024

    Commerce Can't Cite Wikipedia To Expand Duties, Court Says

    The U.S. Department of Commerce couldn't convince the U.S. Court of International Trade that Wikipedia articles supported its expansion of vertical engine tariffs, with a judge noting that U.S. courts have repeatedly rejected Wikipedia as a source.

  • February 21, 2024

    Judge Threatens Ex-Trump Aide With Contempt Over Records

    A D.C. federal judge threatened to hold a Trump-era White House aide in contempt for his continuing failure to turn over all the records covered by the Presidential Records Act to the U.S. government.

  • February 21, 2024

    King & Spalding Trade Expert Jumps To Jenner & Block In DC

    Jenner & Block announced on Wednesday it had hired an international trade partner and six-year King & Spalding LLP veteran to join the firm's national security and crisis practice in Washington, D.C.

  • February 21, 2024

    White House Acts To Shore Up Cybersecurity At US Ports

    The Biden administration on Wednesday moved to boost cybersecurity at U.S. ports, announcing a series of actions that include new proposed rules to establish minimum data security safeguards and an executive order requiring transportation vessels and facilities to report cyber incidents.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    US Small Businesses Have Most To Lose From Digital Duties

    The possible demise of an international moratorium on tariffs for digital products, including software and media downloads, could cut into small businesses' profits and create compliance burdens for the companies that survive.

  • February 20, 2024

    Wells Fargo Says SEC Has Closed Hiring Practices Probe

    Wells Fargo said Tuesday that the U.S. Securities and Exchange Commission has closed an investigation into the bank's hiring practices, following allegations that some bank managers conducted sham interviews to meet a diversity quota, while Barclays PLC has said it no longer faces an investigation into its anti-money laundering compliance.

  • February 20, 2024

    5th Circ. Seeks Texas Justices' Input On LNG Permit Fight

    The Fifth Circuit has yanked its prior ruling that scrapped an emissions permit issued by Texas environmental regulators for a proposed liquefied natural gas terminal, saying it wants the state's Supreme Court to weigh in on how to define the best available pollution control technology under Texas law.

  • February 20, 2024

    WTO Says Revised Duties On Spanish Olives Still Out Of Line

    The World Trade Organization called on the U.S. to fix revised countervailing duties on Spanish olives, ruling Tuesday that the duties are still not in compliance with its 2021 decision rejecting the investigation that resulted in the tariffs.

  • February 20, 2024

    Ericsson, Lenovo IP Row Halted Amid Federal Probe

    A lawsuit alleging that Lenovo is infringing Ericsson's video technology was halted by a North Carolina federal court, which reasoned that a federal probe that will look into the same issues as the suit should be completed before the litigation can proceed.

  • February 20, 2024

    Akin Hires Top BIS Commerce Department Counsel In DC

    Akin Gump Strauss Hauer & Feld LLP has hired the former U.S. Department of Commerce's chief counsel for the Bureau of Industry and Security, who has joined the firm as a partner in Washington, D.C., the firm announced Tuesday.

  • February 20, 2024

    International Trade Group Of The Year: Covington

    Covington & Burling LLP scored important wins across the international trade space last year, including shepherding bet-the-company deals through national security review, challenging fertilizer tariffs and guiding Seagate Technology LLC through a record-breaking export control settlement, earning the firm a spot among Law360's 2023 International Trade Groups of the Year.

Expert Analysis

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • $32.4M Fine For Info Disclosure Is A Stark Warning For Banks

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    The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.

  • Exporters Should Approach Self-Disclosure With Caution

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    A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • How Recent Laws Affect Foreign Purchase Of US Real Estate

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    Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    Patent Waiver For COVID Meds Would Harm US Biopharma

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    If the Biden administration backs the World Trade Organization in waiving patent rights on COVID-19 treatments, it would negatively affect the U.S. biopharmaceutical industry and help foreign competitors, without necessarily expanding global access to COVID-19 care, says clinical pathologist Wolfgang Klietmann.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 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.

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