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International Trade
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October 10, 2025
Elf Bar Will No Longer Sell In Calif., Ending Altria Unit Suit
The Chinese companies behind the popular Elf Bar brand of vape will no longer sell their flavored products in California, according to an agreement they signed to end a lawsuit filed by the e-cigarette unit of tobacco giant Altria Group.
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October 10, 2025
Mich. Fights Feds' Support For Enbridge Line 5 Pipeline
Michigan urged a federal judge to reject the U.S. government's contention that its attempt to block an Enbridge Energy oil and gas pipeline segment is illegal, while the company said the government's arguments have merit.
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October 10, 2025
$8B EV Trade Secrets Case Best Left To Israel, 5th Circ. Says
The Fifth Circuit agreed with a district judge Friday that an $8 billion trade secrets case between two electric vehicle companies was better suited to be litigated in Israel, saying the party that wants to keep the dispute stateside had not adequately explained why that would be better.
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October 10, 2025
Pipe Repair Co. Sues Competitor Over Alleged $10M Sabotage
Several months after an arbitral tribunal awarded $10 million in damages to a trenchless pipe repair technology company, finding its supplier had breached an exclusivity agreement, the company has filed new litigation in New York federal court against a competitor over alleged corporate sabotage that destroyed its business.
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October 10, 2025
Dish Streaming Patent Fight Sent To Utah For Witnesses' Ease
A case brought by Pornhub's owner seeking a declaration that it did not infringe three of Dish Technologies LLC's patents could likely be litigated more conveniently in Utah, a Delaware federal judge has said in transferring the suit.
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October 09, 2025
Trade Court Upholds Malaysian Wind Tower Duties
The U.S. Court of International Trade on Thursday upheld the federal government's antidumping review of a Malaysian wind tower exporter, finding the Commerce Department supported its decision to decline the company's recommendations in reaching a final duty rate.
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October 09, 2025
ICSID Panel Puts Smurfit's $473M Award On Hold For Now
An international arbitration annulment committee has opted to pause enforcement of a $473 million arbitral award issued to Smurfit Holdings BV while Venezuela tries to get the award set aside, according to a filing by the Dutch packaging company in D.C. federal court.
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October 09, 2025
Treasury Looks To Cut Suspicious Activity Reporting 'Noise'
The U.S. Department of the Treasury's enforcement arm Thursday released clarifications about requirements related to suspicious activity reports, specifying among other things that financial institutions do not have to document their decisions not to file the reports.
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October 09, 2025
Fed. Circ. Gets Shutdown Extension For Newman Response
The D.C. Circuit on Thursday gave the judges on the Federal Circuit an extension until after the government shutdown ends to respond to Federal Circuit Judge Pauline Newman's request for the rehearing of a decision upholding the dismissal of her suit against the colleagues who suspended her.
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October 09, 2025
China Widens Export Controls On Rare Earth Minerals, Tools
China will begin requiring licenses next month for the export of dozens of products containing rare earth minerals, tools used to process them and artificial diamonds, the country's Ministry of Commerce said Thursday, including items used to make lasers, semiconductors and fiber optics.
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October 09, 2025
GOP Sen. Joins Dems On Bill To Nix Trump's Global Tariffs
Several Senate Democrats and one Republican introduced legislation Thursday to eliminate the national emergency associated with President Donald Trump's so-called reciprocal tariff regime.
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October 09, 2025
FERC Nixes Ban On Pipeline Work During Project Appeals
The Federal Energy Regulatory Commission has scrapped a rule barring construction activities on gas infrastructure projects when approvals are being challenged, saying it's no longer necessary and bogs down the development of needed infrastructure.
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October 09, 2025
Menendez Witness Avoids Prison After 'Honest' Testimony
A Manhattan federal judge allowed a former insurance broker from New Jersey to avoid prison Thursday, after prosecutors said his "extensive" cooperation helped secure the conviction of former U.S. Sen. Bob Menendez on corruption charges.
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October 08, 2025
Trump Tariffs Unconstitutional, Watchdog Tells Justices
Either President Donald Trump doesn't have authority to impose tariffs under the International Emergency Economic Powers Act, or the law is unconstitutional, the nonprofit group Consumer Watchdog told the U.S. Supreme Court Wednesday, urging the justices to affirm lower court rulings deeming those measures unlawful.
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October 08, 2025
Trade Court Tosses Wis. Man's Trump Tariff Suit
The U.S. Court of International Trade recently dismissed with prejudice a challenge to President Donald Trump's emergency tariffs after the Wisconsin man who filed suit failed to sufficiently amend his complaint.
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October 08, 2025
Decade-Old $139M Telecoms Award Still Unpaid, Court Hears
Intel Capital Corp. and Deutsche Telekom AG are seeking to renew a judgment just shy of a decade old that enforces a roughly $139 million award against one of the founders of a Chinese wireless broadband company, telling a Michigan federal judge that they still haven't received a penny.
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October 08, 2025
Chiquita Victims Urge 11th Circ. To Revive Claims Over Killings
Family members of victims of paramilitary violence in Colombia asked the Eleventh Circuit Wednesday to revive their claims against Chiquita Brands International Inc. executives, arguing they had provided enough information to show the killings were committed "under color of law" as required by the Torture Victim Protection Act.
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October 08, 2025
Investor-State Disputes Catch Public Attention, Report Says
Nearly nine out of 10 investor-state cases filed last year at the World Bank's International Centre for Settlement of Investment Disputes received some form of media attention, a new report said.
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October 07, 2025
Fed. Circ. Talks Judge Denzel Washington, AI Susan Sarandon
More than half of the Federal Circuit's judges were in Boston on Tuesday conducting out-of-town oral arguments, and afterward they discussed the most concerning and most promising elements of artificial intelligence, how to write a good brief, why en banc hearings are rare and which celebrities they'd love to see on a panel.
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October 07, 2025
Cuban Cigar Co. Not Entitled To 'Cohiba' TMs, 4th Circ. Told
General Cigar Co. has asked the Fourth Circuit to overturn a Trademark Trial and Appeal Board decision to grant a Cuban state-owned cigar producer's request to cancel two trademark registrations for the term "Cohiba," contending that the decision conflicts with U.S. law governing the embargo against Cuba.
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October 07, 2025
FAA Drone Rule Draws Over 1M Comments As Public Weighs In
Complex safety certification, technological and other security requirements are among the issues that U.S. regulators must still iron out before a long-awaited new rule allowing drones to fly beyond the sight line of their operators can truly take off, according to drone companies, aviation and other industry groups.
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October 07, 2025
Marijuana Vape Antitrust Actions Consolidated In Calif.
Five proposed antitrust class actions brought by buyers of CCell brand cannabis vape accusing the Chinese manufacturers and U.S. distributors of organizing a price-fixing scheme will be consolidated in California federal court, the U.S. Judicial Panel on Multidistrict Litigation has determined.
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October 07, 2025
Senate Confirms FERC Republican Nominees
The U.S. Senate on Tuesday confirmed President Donald Trump's picks to fill Republican slots on the Federal Energy Regulatory Commission, giving the GOP a 3-2 majority at the agency.
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October 07, 2025
Cruise Cos. Say Tax Injunction Act Doesn't Bar Hawaii Suit
A group of cruise companies should be allowed to proceed with their complaint against the state of Hawaii for an extension of a transient occupancy tax to cruise passengers, the companies told a federal district court, saying the Tax Injunction Act doesn't bar the complaint.
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October 07, 2025
Planners Should Be Tariffed As Calendars, Fed. Circ. Told
Weekly planners sold by a California calendar company are advertised for their calendars and should be considered such for tariff purposes, counsel for the business told Federal Circuit judges Tuesday, arguing the lower court and government incorrectly classified them as a type of notebook.
Expert Analysis
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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.
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Insuring Against FCA Risk In Shifting Trade Landscape
In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.
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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.