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International Trade
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November 28, 2023
DOJ Tells Justices Latest Steel Tariff Case Same As Before
The Biden administration has asked the U.S. Supreme Court to reject the latest petition over national security tariffs on steel and aluminum, saying the case raises "substantially the same question" as the last protest the justices tossed.
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November 28, 2023
GE Resolves $1.1B Angola Power Project Fight
General Electric and an Angola-focused infrastructure company have agreed to end multiple lawsuits in Connecticut and New York related to the American industrial giant's alleged role in the cancellation of contracts for a $1.1 billion power and water project in the southern African country.
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November 28, 2023
Recovery Firm's Ukraine Contract Beef Too Old, 1st Circ. Says
The First Circuit has refused to revive an international asset recovery firm's long-standing dispute with the Ukrainian government over alleged unpaid work the firm did to uncover assets stolen by a former prime minister, saying most of the claims had expired.
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November 28, 2023
Judge Won't Quash Service In $80M Crypto-Forex Theft Suit
A Florida judge on Tuesday refused to cancel the service of an $80 million suit on the CEO of FxWinning, while saying she would hold a hearing to determine whether service on the foreign exchange-cryptocurrency investment brokerage itself was proper.
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November 28, 2023
Feds Want No Prison Time For Ex-NY Atty Who Aided Oligarch
The government asked a New York federal judge this week to allow a former real estate attorney, who admitted to participating in a money laundering scheme to help a Russian oligarch evade U.S. sanctions, to receive no prison time, despite the guidelines calling for 37 to 46 months.
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November 28, 2023
Feds Tee Up Dumping Duties On Brass Rods From 5 Countries
The U.S. Department of Commerce are lining up preliminary tariffs rising up to 77.14% on brass rod imports from five countries, after determining that overseas producers were likely selling their products in the U.S. at artificially low prices.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference
Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
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November 27, 2023
Trash Or Treasure, Court OKs Lifting Turkish Scrap Metal Duty
The U.S. Court of International Trade on Monday affirmed the government's change of heart on whether a Turkish shipbuilder's duties should apply to scrap metal it sold to a rebar exporter, dismissing protests from U.S. steel producers.
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November 27, 2023
Indian Glycine Co.'s Waffling Justifies Penalty Duties
The U.S. Court of International Trade stood by the penalty tariffs the U.S. Department of Commerce issued to an Indian glycine producer that offered officials contradictory evidence on whether it had ties with other glycine companies in India.
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November 27, 2023
Nussbaum And Company Win Battle For Counsel Position
A New Jersey federal judge has appointed Nussbaum Law Group PC, Korein Tillery PC and Hausfeld LLP as co-lead interim counsel in an antitrust suit against fragrance manufacturers, rejecting a bid from other firms led by Quinn Emanuel Urquhart & Sullivan LLP for the roles.
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November 27, 2023
Binance Founder Can't Yet Return To UAE Amid Bail Dispute
A Seattle federal judge has temporarily barred Changpeng Zhao, the founder of the embattled cryptocurrency exchange Binance, from returning to his home in the United Arab Emirates while the court considers bail conditions imposed by a magistrate judge.
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November 27, 2023
Commerce Tees Up Duties On Steel Shelves From 4 Countries
The U.S. Department of Commerce has imposed preliminary anti-dumping duties on boltless steel shelving from Malaysia, Taiwan, Thailand and Vietnam, slapping rates of between 78% and 225% on several producers the agency deemed uncooperative with its investigations.
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November 26, 2023
US Loses Latest Trade Spat Over Canadian Dairy Quotas
A split arbitration panel came down on Canada's side regarding its limits on dairy imports in the second trade dispute launched by the U.S., handing the U.S. a disappointment following its previous victory against the quota system.
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November 22, 2023
Binance Founder Poses 'Serious Risk Of Flight,' DOJ Says
One day after Binance founder Changpeng Zhao pled guilty to failing to maintain an effective anti-money laundering program at the cryptocurrency exchange, prosecutors told a Seattle federal judge Wednesday that Zhao "poses a serious risk of flight" and should remain in the country ahead of his February sentencing.
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November 22, 2023
Importers Still In The Dark On Forced Labor Law Compliance
Two years since the enactment of the Uyghur Forced Labor Prevention Act, the federal government has only become more keen to scrutinize supply chains that run through China, but a lack of clear standards for demonstrating compliance has left importers to fill in the gaps.
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November 22, 2023
Anti-Corruption Group Applauds Biden's Indo-Pacific Initiative
An advocacy organization focused on fighting corruption in governments worldwide has put its stamp of approval on the Biden administration's Indo-Pacific Economic Framework launched last year with 14 nations, saying the initiative includes a significant commitment to countering illicit finance.
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November 22, 2023
Argentina Can Delay $16B YPF Suit Payment During Appeal
Argentina won't have to immediately pay a $16.1 billion judgment while it appeals its loss in a pair of investor lawsuits, a New York federal judge has ruled, but the government will have to pledge its equity interest in the nationalized oil company YPF SA.
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November 22, 2023
5th Circ. Gives VW Another Chance To Toss Antitrust Suit
The Fifth Circuit has told a Texas federal court to take another look at Volkswagen's bid to toss a suit accusing it of maintaining an illegal stranglehold over its suppliers, saying the court has to consider Volkswagen's argument that the dispute is already being litigated in Germany.
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November 22, 2023
Fed. Circ. Urged To Keep ITC Lash Extension Import Ruling
Lashify Inc. is a "mere importer" of its popular eyelash extension system and not a domestic industry protected by a federal law concerning patent infringement by overseas importers, major cosmetic retailers including Walmart, Ulta, CVS and Kiss Nail Products told the Federal Circuit.
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November 22, 2023
Would Ending Chevron Deference Really Make Waves?
Experts say federal agencies and courts have drifted away from relying on Chevron deference in recent years, following the lead of U.S. Supreme Court justices who have criticized it, but the doctrine hasn't been totally abandoned by lower courts — and a closely watched high court case could decide its ultimate fate.
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November 21, 2023
Green Orgs Fight Back On Corps' Brief In Port Expansion Row
Conservation groups challenging the U.S. Army Corps of Engineers' review of a dredging project to widen shipping lanes for Puerto Rico's largest port told the D.C. Circuit the agency is trying to paper over an inadequate analysis with arguments that focus on post-decision developments and justifications.
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November 21, 2023
Tactical Outfitter To Pay $2M For Alleged 'American-Made' Lies
Virginia-based tactical gear company London Bridge Trading Co. Ltd. will pay nearly $2.1 million to settle a whistleblower's allegations that it breached the False Claims Act by selling products it claimed were "American-made" when they were manufactured in foreign countries, Ohio federal prosecutors have announced.
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November 21, 2023
Trade Court Win Didn't Detach Steel Importer From Duty Order
An Indian steel producer's suit over reinstated tariffs on its tubes fell flat at the U.S. Court of International Trade on Tuesday, with the government winning the court's approval to reinstate the duties retroactively without further review.
Expert Analysis
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.
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What Can Be Learned From 3M's Iran Sanctions Settlement
3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.
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ITC Ban On Apple Watch Could Still Be Reversed
The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.