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International Trade
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December 10, 2025
USTR Orders Phase-In For 15% Tariff On Nicaraguan Imports
The U.S. will phase in a 15% tariff over the next two years on Nicaraguan imports originating outside a regional trade agreement in response to unfair trading practices and labor right violations, according to a notice published Wednesday by the U.S. Trade Representative's Office.
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December 10, 2025
Apple Tells Fed. Circ. ITC Move Boosts Watch Case Appeal
Apple Inc. has told the Federal Circuit that the U.S. International Trade Commission's decision last month to review whether a redesigned Apple Watch infringes Masimo Corp. patents "underscores the need" for the appeals court to reverse the ITC's original infringement finding.
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December 10, 2025
3rd Circ. Locks In 'Made In USA' False Ad Ruling
The Third Circuit on Wednesday upheld a $2.1 million disgorgement award to a Maryland caulking-gun manufacturer that accused a New Jersey competitor of falsely advertising its products as American-made when they were imported from Taiwan, in violation of the Lanham Act and state law.
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December 10, 2025
VPR Settles Trademark Dispute With Chinese Vape Makers
The three-year legal saga between U.S. and Chinese vaping companies over who could control the Elf Bar name appears to be coming to an end, the parties have told a Florida federal court, saying they've reached a deal that would end a number of overlapping intellectual property lawsuits that made it all the way to the Federal Circuit.
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December 10, 2025
Skyworks Fights Challenge To USPTO Policies At Fed. Circ.
Skyworks Solutions is pushing the Federal Circuit to ignore a Chinese company's challenge to new U.S. Patent and Trademark Office policies on when patent reviews can be denied, saying the dispute should be tossed the same as other similar challenges.
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December 10, 2025
MVP: Latham's Les Carnegie
Latham & Watkins LLP partner Les Carnegie guided a healthcare business after it found trace amounts of a restricted material in one of its products and helped a biopharmaceutical corporation sell part of its operation to an Indian company, earning him a spot as one of the 2025 Law360 International Trade MVPs.
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December 10, 2025
Amazon, P&G Sue Chinese Sellers Over Counterfeit Bug Traps
Amazon.com Inc. and Procter & Gamble Co. are suing a group of Chinese people and entities, alleging they have used Amazon's storefront to sell counterfeit insect traps using P&G's trademarks.
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December 09, 2025
States Ask Justices To Curtail Federal Trucking Law Shield
Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.
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December 09, 2025
Path Cleared For Turkish Contractor To Seize Libyan Assets
A D.C. federal court has ruled that a Turkish construction company may proceed with attaching Libyan government assets in the United States to satisfy an approximately $30 million judgment, finding that enough time has passed without a response from the country since the decision was entered.
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December 09, 2025
Nvidia Chips Sent To China In 'Smuggling Network,' DOJ Says
The U.S. has arrested two businessmen for their alleged roles in a scheme to smuggle Nvidia chips to China, while another businessman pled guilty to smuggling the AI tech company's chips, the U.S. Department of Justice announced Monday.
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December 09, 2025
FERC's Fate Uncertain As Humphrey's Executor Teeters
The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.
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December 09, 2025
OFAC Inks $1M Russian Sanctions Deal With Ex-Gov't Official
The U.S. Treasury's Office of Foreign Assets Control announced Tuesday that an unidentified attorney and former government official has agreed to pay more than $1 million to settle allegations the individual violated Russian sanctions by acting as a fiduciary for the family trust of a blocked Russian oligarch.
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December 09, 2025
Ex-Oil Trader Gets 15 Months, Avoids FCPA Forfeiture For Now
A former Connecticut oil trader convicted of violating the Foreign Corrupt Practices Act by laundering money and bribing officials at Brazilian oil giant Petróleo Brasileiro SA on Tuesday was sentenced to 15 months behind bars plus a $300,000 fine, avoiding for now a potential $7.8 million forfeiture order.
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December 09, 2025
Brookfield, Qatar Launch $20B AI Infrastructure Partnership
Brookfield announced Tuesday that it is joining forces with a subsidiary of the Qatar Investment Authority on a $20 billion joint venture to develop artificial intelligence infrastructure in Qatar and select international markets, marking Brookfield's first such investment in the Middle East.
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December 09, 2025
MVP: Covington's David Fagan
David Fagan of Covington & Burling LLP guided clients through a series of landmark, politically charged transactions over the past year, including securing U.S. government approval for Nippon Steel's $14.9 billion acquisition of U.S. Steel, earning him a spot as one of the 2025 Law360 International Trade MVPs.
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December 08, 2025
Trump To Let Nvidia Sell H200 Chips To China For 25% Cut
The U.S. will allow Nvidia to export its H200 chip to certain customers in China in exchange for the U.S. getting a 25% cut from sales, President Donald Trump announced Monday.
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December 08, 2025
USDA Appealing Chilean Grape Fumigation Decision
The U.S. Department of Agriculture is appealing a D.C. federal judge's decision vacating a 2024 rule change that allowed Chilean table grapes to be imported into the country even if they hadn't been fumigated with methyl bromide to kill pests.
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December 08, 2025
Conservative Justices Probe 'Husk' Of FTC Firing Protections
The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.
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December 08, 2025
Trump Admin Backs Exxon In Cuba Property Seizure Case
The Trump administration is pressing the U.S. Supreme Court to rule in favor of Exxon Mobil Corp. and find that a federal law allowing U.S. victims of property seizures by the Cuban government to seek damages from entities that subsequently used the property abrogates the sovereign immunity of Cuban agencies and instrumentalities.
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December 08, 2025
Court Remands Malaysian Wind Tower Duties For Details
The U.S. Department of Commerce must detail certain decisions in a countervailing duty administrative review of a Malaysian utility wind tower producer, according to a Court of International Trade opinion that partially remanded the government's determination for further explanation.
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December 08, 2025
MVP: Clifford Chance's Renée Latour
Clifford Chance LLP's Renée Latour played a key role advising the firm's global team to secure relief this year for aircraft lessors with planes stuck in Russia following global sanctions imposed on the country, earning her a spot as one of the 2025 Law360 International Trade MVPs.
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December 05, 2025
Virtual Asset Fund Sues Game Dev Over Delays, NFT Fraud
An investment fund specializing in virtual "real estate" has accused a game developer of violating securities laws and breaching an agreement by failing to timely deliver an unregistered NFT associated with its unreleased game.
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December 05, 2025
ITC Bans Infringing Drill Bit Imports After Fed. Circ. Remand
The U.S. International Trade Commission has held that a group of foreign companies is violating Section 337 of the Tariff Act by shipping diamond drill bit components that infringe a U.S. company's patent and issued an order banning such imports after the case was remanded by the Federal Circuit.
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December 05, 2025
Fed. Circ. Says Planners Can't Be Diaries For Tariff Purposes
The U.S. Court of International Trade incorrectly determined that weekly and monthly planners should be classified as diaries for tariff purposes, the Federal Circuit said in a precedential opinion that reversed the lower trade court's ruling and remanded the case.
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December 05, 2025
2nd Circ. Backs Ex-Goldman Exec's 1MDB Conviction
Former Goldman Sachs managing director Roger Ng's attempt to overturn his conviction in the $6.5 billion 1MDB corruption scheme hit a wall Friday at the Second Circuit, where a panel categorically rejected his multipronged appeal.
Expert Analysis
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Pemex Bribery Charges Provide Glimpse Into FCPA Evolution
A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.
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Preserving Refunds As Tariffs Await Supreme Court Weigh-In
In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.
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Key Points From DOJ's New DeFi Enforcement Outline
Recent remarks by the U.S. Department of Justice's Criminal Division head Matthew Galeotti reveal several issues that the decentralized finance industry should address in order to minimize risk, including developers' role in evaluating protocols and the importance of illicit finance risk assessments, says Drew Rolle at Alston & Bird.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Steps To Take As States Expand Foreign-Influence Bans
As efforts to curb foreign-influenced corporate political spending continue, companies should be aware of the nuances of related laws and layer an additional analysis when assessing legality of foreign engagement, say attorneys at Steptoe.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Senate Bill Could Overhaul Digital Asset Market Structure
The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.
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Decoding Arbitral Disputes: ICSID Enforcement In Australia
The Federal Court of Australia recently ruled for award creditors in Blasket Renewable Investments v. Spain in a judgment that explains how Australia's statute book operationalizes the promise of depoliticized enforcement under the International Centre for Settlement of Investment Disputes Convention while accommodating, without yielding to, the centrifugal forces of European Union law, says Josep Galvez at 4-5 Gray's Inn.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.