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International Trade
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September 23, 2025
CBP Says It Didn't Coordinate With Apple In Import Ban Case
U.S. Customs and Border Protection told a D.C. federal court Monday that contrary to claims by Masimo Corp., emails between the agency and Apple Inc. do not show the two worked together to evade an import ban on the Apple Watch in a patent dispute with Masimo.
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September 23, 2025
DC Circ. Says FMC's Late-Fee Rule Makes No Sense
The Federal Maritime Commission's "demurrage and detention" fees rule does not make sense, the D.C. Circuit has ruled, partially striking down the rule after finding that the agency had not given a good reason for allowing some entities to be fined for shipping delays while blocking others.
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September 23, 2025
Trump Tariffs Are Constitutional, President's Allies Tell Justices
Two Republican lawmakers and two allied nonprofit groups told the U.S. Supreme Court on Tuesday that it should allow President Donald Trump's emergency tariffs authorized under the International Emergency Economic Powers Act.
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September 23, 2025
Chair Of Puerto Rican Bank Pleads Guilty To $13.6M Fraud
The chairman of the board of Puerto Rico-based Nodus International Bank has pled guilty to leading a scheme through which he and the bank's former CEO stole more than $13.6 million from Nodus and used it for their own benefit.
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September 23, 2025
Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
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September 23, 2025
Broadband Co. Says $168M Award Appeal Must Move Fast
Peru is getting ready to terminate the state-owned telecom from which a broadband company is trying to collect $168 million in arbitral awards, so the D.C. Circuit should rush briefing on the appeal before any chance of collection goes out the window, that company has told the court.
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September 23, 2025
Full Effects Of US Tariffs 'Yet To Be Felt,' OECD Report Says
Economic growth in the U.S. is expected to dip in 2026 partly because of global trade tensions, the full effects of which "have yet to be felt," the Organization for Economic Cooperation and Development reported Tuesday.
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September 22, 2025
Oracle To Secure TikTok Users' Data In Deal To Skirt US Ban
Tech giant Oracle will be tasked with safeguarding U.S. TikTok users' personal data, and the app's recommendation algorithm will be "retrained" and operated outside the control of TikTok's Chinese parent company under a deal that President Donald Trump is expected to sign this week to avert a shutdown of TikTok, the White House said Monday.
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September 22, 2025
UK, US To Collaborate On Capital Markets, Crypto Policy
The U.S. Department of the Treasury and the United Kingdom's financial ministry on Monday announced the formation of a joint taskforce to explore ways to collaborate on digital asset policy and "improve links" between the two countries' capital markets.
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September 22, 2025
Energy Investor Can Enforce €61M Award Against Bulgaria
A D.C. federal judge Monday sided with Maltese investor ACF Renewable Energy Ltd. in a suit seeking to enforce a €61 million ($71.86 million) arbitral award against Bulgaria in a dispute over the country's changes to a fixed 20-year rate plan.
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September 22, 2025
Newman Urges Full DC Circ. To Let Judges Sue Their Courts
U.S. Circuit Judge Pauline Newman has invoked a D.C. Circuit panel's "implicit invitation" for the full court to reconsider precedent limiting the rights of disciplined judges, as she continues to fight her suspension.
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September 22, 2025
Trade Court Rejects Gov't Attempt To Redo Fish Oil Duty Ruling
A U.S. Court of International Trade judge's ruling that fish oil imported by chemical company BASF is subject to duty-free treatment properly considered whether the products should be characterized under other tariff classifications, according to an order issued Monday denying the government's request to reconsider the case.
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September 22, 2025
Feds Say Banning Canadian CEO From US Was Legal
The federal government is urging a Washington federal court to throw out a suit from Eteros Technologies USA Inc. and its officers claiming U.S. Customs and Border Protection wrongly deported and revoked their trusted traveler status over the company's cannabis-related merchandise, saying CBP's actions are in keeping with federal law.
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September 22, 2025
NextEra Dodges Antitrust Claims In $1B Power Line Fight
A Massachusetts federal judge on Monday dismissed claims that NextEra Energy violated antitrust law in efforts to delay construction of a $1 billion transmission line, saying developer Avangrid Inc. failed to show how NextEra's actions limited competition in New England electricity markets.
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September 22, 2025
Crime-Fraud Exemption Applies To Eletson Docs, Judge Says
Reed Smith LLP has until the end of the day on Monday to turn over a dozen client files related to its prior representation of shipping company Eletson Holdings amid a dispute with rival Levona, after a Manhattan federal judge found probable cause that a fraud was committed in an underlying arbitration.
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September 21, 2025
Chinese Exec Who Shipped Fentanyl Ingredients Gets 25 Yrs
A Manhattan federal judge on Friday sentenced a Chinese national and chemical company executive to 25 years in prison for shipping large quantities of fentanyl ingredients to the U.S., citing the defendant's "egregious, callous" disregard for the deaths caused by the drugs he helped create.
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September 19, 2025
EU-US Data Transfer Ruling Delivers Relief But Not Finality
A recent court decision backing a revamped framework for transferring personal data from the European Union to the United States provided companies with some much-needed comfort after nearly a decade of setbacks although that reprieve might be short-lived as opponents eye a broader challenge to the critical arrangement.
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September 19, 2025
Feds Urge Justices To Back Trump's Emergency Tariffs
The federal government told the U.S. Supreme Court Friday that lower courts incorrectly determined President Donald Trump's emergency tariffs unlawful under a statute that gives the executive broad authority to regulate the economy in matters of national emergency,.
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September 19, 2025
DOD Watchdog Says Seafood Contracts Need Improvement
U.S. Department of Defense policies sufficiently ensure that its seafood comes from U.S. suppliers, though some contracting personnel overlooked clauses restricting purchases from foreign sources or that were tainted with forced or child labor, a watchdog report revealed.
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September 19, 2025
Foreign Entity Rules Begin To Shape Clean Energy Deals
The recently enacted federal budget that attaches stricter foreign supply chain and business ownership rules to clean energy tax credits has started to take practical effect, with project developers rewriting agreements to avoid getting snagged in the new regulatory regime.
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September 19, 2025
Dems Want Answers On Delayed FinCEN Adviser Rule
Sen. Elizabeth Warren and other congressional Democrats have pressed Treasury Secretary Scott Bessent on the department's decision to postpone a rule they said addresses a money laundering vulnerability of the U.S. investment adviser sector, saying the decision puts national security and the economy at risk.
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September 19, 2025
FTX Trust Says Bankruptcy Laws Apply To Binance Founder
The recovery trust created by the Chapter 11 plan of cryptocurrency exchange FTX told a Delaware judge late Thursday that the bankruptcy court has jurisdiction over Binance and its founder in a $1.76 billion clawback suit, and that bankruptcy laws apply to entities outside the United States.
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September 19, 2025
Dow Faces Suit Alleging Misleading Tariff Impact Claims
Chemicals company Dow Inc. and several of its executives and board members have been hit with a shareholder derivative suit in Michigan federal court alleging that company leadership overstated its ability to navigate global economic challenges, harming the company and shareholders.
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September 19, 2025
Feds Say Court Can't Stop Voice Of America Layoffs
The U.S. government agency that runs broadcaster Voice of America urged a D.C. federal judge not to hold that an order to fulfill its mandate as a news source blocks it from carrying out imminent layoffs, opposing an enforcement bid by unions and employees including VOA's director.
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September 19, 2025
EU Finalizes Pact To Block Intra-EU Energy Charter Claims
Lawmakers in the European Union have adopted a decision agreeing that the Energy Charter Treaty's arbitration clause "cannot and never could serve as a legal basis for intra-EU arbitration proceedings."
Expert Analysis
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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.
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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.