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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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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Bankruptcy Courts May Offer Relief For Tariff-Driven Distress
The Bankruptcy Code and the customs laws interact in complex ways that make bankruptcy a powerful, albeit limited, tool for companies that are dealing with tariff-related financial distress, says Eitan Arom at KTBS Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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How WTO's Anti-Suit Injunction Ruling Affects IP Stakeholders
The World Trade Organization's recent ruling in favor of the European Union's challenge to Chinese courts' anti-suit injunction practices should hearten holders of standard-essential patents, while implementers can take solace that they retain mechanisms to distinguish the WTO decision when seeking anti-suit injunctions in U.S. courts, says Michael Franzinger at Dentons.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Unpacking The BIS Guidance On Chinese AI Chip Use
In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.