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International Trade
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June 12, 2025
China Agrees To Loosen Rare Earth Restrictions, US Says
Chinese trade negotiators have agreed to lift export controls on rare-earth elements in exchange for the U.S. walking back a campaign to revoke visas for Chinese students, according to statements by U.S. officials, which experts said leave key issues unresolved.
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June 12, 2025
Stinson Adds CBP Trade Regulations Atty To DC Office
A U.S. Customs and Border Protection veteran who advised on trade issues has joined the regulatory team at Stinson LLP.
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June 12, 2025
Ex-Interior Secretary Salazar On 'Coming Home' To WilmerHale
Former U.S. Sen. Ken Salazar of Colorado, who served as secretary of the U.S. Department of the Interior during the Obama administration and most recently as ambassador to Mexico during the Biden administration, returned this month to WilmerHale's Denver office, which he founded in 2014.
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June 11, 2025
Senate Dems Probe Meta, Trump Stablecoin Plans And Deals
U.S. Sens. Elizabeth Warren and Richard Blumenthal sent a pair of letters this week asking for more information on Meta's renewed plans to launch its own stablecoin as well as details on MGX's decision to use Donald Trump's World Liberty stablecoin to make a $2 billion investment in the cryptocurrency exchange Binance.
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June 11, 2025
Ex-Google Engineer Loses Bid To Toss AI Espionage Counts
A California federal judge has refused to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to help startups in China, adding that prosecutors' assertion that the man was trying to benefit the People's Republic of China "as opposed to benefiting himself ... seems dubious."
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June 11, 2025
No Bail For Menendez During Bribery Appeal, 2nd Circ. Says
A split Second Circuit on Wednesday rejected former U.S. Sen. Bob Menendez's request for bail while he appeals his conviction of engaging in a lengthy, million-dollar course of bribery and corruption.
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June 11, 2025
Stewart Won't Retroactively Apply New PTAB Denial Policy
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has rejected Efficient Power Conversion's request that she apply her new policies on when Patent Trial and Appeal Board petitions should be denied to a case instituted last year that invalidated the company's patent.
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June 11, 2025
NJOY Can't Ax Juul Vape Patent At PTAB After ITC Loss
The Patent Trial and Appeal Board has refused to invalidate various claims in a Juul vape patent challenged by Altria's NJOY brand, months after NJOY was found to infringe the same patent in a U.S. International Trade Commission case.
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June 11, 2025
DOJ's Focus On Cartels Raises Compliance Risks For US Cos.
U.S. corporations with business interests south of the border are increasingly worried about exposure to terrorism-related criminal charges under the Trump administration for inadvertently working with cartels linked to major business sectors throughout Mexico, from energy and manufacturing to financial services, compliance experts tell Law360.
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June 11, 2025
Iraq Sanctioned After Ignoring Order In $120M Award Suit
A D.C. federal judge Tuesday slapped the government of Iraq with a $15,000 per day fine for largely ignoring a discovery order in litigation launched by a Cypriot construction and engineering firm to enforce a confirmed $120 million arbitral award stemming from a massive port facility project.
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June 11, 2025
EuroChem Fights Banks Over €212M Bonds In Sanctions Row
A Russian subsidiary of fertilizer producer EuroChem accused two European banks of using the pretext of sanctions imposed after the invasion of Ukraine to "never" pay out on €212 million ($244 million) in bonds, on the first day of a High Court trial Wednesday.
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June 11, 2025
KKR-Backed Auto Parts Co. Blames Tariffs For $4.9B Ch. 11
Automotive parts manufacturer Marelli Corp filed for Chapter 11 bankruptcy protection Wednesday with $4.9 billion in funded debt, saying tariffs had a severe effect on its business.
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June 10, 2025
Feds Reboot FCPA Agenda With Narrower Enforcement Focus
The U.S. Department of Justice on Tuesday released new and tightened guidelines for enforcement of the Foreign Corrupt Practices Act after a four-month pause on such prosecutions, centering prospective investigations on situations that affect U.S. competitiveness and national security as well as transnational cartels.
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June 10, 2025
Stewart Blocks PTAB From Eyeing Container Assembly IP
The U.S. Patent and Trademark Office's acting director has reversed Patent Trial and Appeal Board decisions that had initiated reviews of patents covering container assembly products, saying the board failed to sufficiently account for U.S. International Trade Commission proceedings over the same patents.
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June 10, 2025
SEC To Resume Review Of Swiss Adviser Registrations
Switzerland-based investment advisers seeking to do business in the U.S. can immediately resume submitting new and pending registration applications for consideration with the U.S. Securities and Exchange Commission, regulators said Tuesday.
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June 10, 2025
Fed. Circ. Keeps Trump Tariffs In Place, Fast-Tracks Appeal
The Federal Circuit on Tuesday granted the federal government's bid to keep President Donald Trump's global tariffs in place while it appeals a U.S. Court of International Trade order striking them down on the grounds that they exceeded the president's authority.
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June 10, 2025
4th Circ. Backs Contract Verdict Against Turkish Weapons Co.
The Fourth Circuit on Tuesday rejected a Turkish military supplier's appeal in a case where a Virginia federal jury found that it owed $720,000 for breaching a 2019 agreement between it and a U.S. importer.
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June 10, 2025
Plastic Waste Often Illegally Burned, Tax Chiefs Say
Plastic waste shipped abroad is often illegally incinerated rather than recycled, including that in Turkey and Indonesia, the Dutch and British tax authorities said Tuesday.
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June 10, 2025
Trade Court Remands Taiwan Tire Importer Duty Exclusion
The U.S. Department of Commerce improperly granted certain tires imported from Taiwan an exclusion from antidumping duties when evidence indicated they should be subject to them, according to an order by the U.S. Court of International Trade remanding the matter to the agency.
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June 10, 2025
Ex-GC Accused Of Stealing IP Amid Ownership Stake Dispute
E-commerce company Storehouse In A Box sued its former general counsel and chief operating officer in Michigan federal court Monday, alleging he misappropriated trade secrets and confidential information, while also engaging in outside ventures that conflicted with his duties, after a dispute arose over his ownership claim in the business.
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June 10, 2025
Judge Postpones Sentencing For Menendez Bribery Witness
A Manhattan federal judge has delayed the sentencing date for an associate of former Sen. Bob Menendez who had pled guilty to bribery charges and testified against the former lawmaker, who himself was convicted by a jury in July and sentenced to 11 years in prison.
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June 10, 2025
DHL British Unit On Hook For £3M In Duties, Court Says
A tax tribunal did not err when it upheld HM Revenue & Custom's decision to deny about £3 million ($4 million) in duty relief to cargo aircraft operated by DHL's British affiliate, a U.K. court said, dismissing the company's appeal.
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June 09, 2025
2nd Circ. Affirms Dechert's Victory Over Hacking Suit
The Second Circuit on Monday refused to revive a North Carolina trade executive's lawsuit alleging hacking by a private investigator on Dechert LLP's behalf, ruling in a nonprecedential opinion that a district judge's failure to review disputed portions of a magistrate judge's recommendation to dismiss the suit was ultimately harmless.
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June 09, 2025
Squires Dodges Trump Questions, Emphasizes AI For Backlog
The Trump administration's nominee for U.S. Patent and Trademark Office director avoided answering whether Joe Biden won the 2020 election, how to describe defendants in the Jan. 6, 2021, attack on the U.S. Capitol and whether he would follow an illegal directive from the president, along with addressing concerns about USPTO resources and artificial intelligence in post-hearing responses to senators.
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June 09, 2025
Trump Executive Order Revamps US Cybersecurity Policy
President Donald Trump has moved to "reprioritize" the nation's cybersecurity efforts by issuing an executive order scrapping the provisions of prior directives issued by the past two Democratic administrations while focusing on measures such as mandating more secure software development and the latest encryption protocols.
Expert Analysis
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DOJ Signals Major Shift In White Collar Enforcement Priorities
In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.
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What Cos. Need To Know About EU's AI Action Plan
The European Commission’s recently unveiled artificial intelligence continent action plan aims to position the European Union as a global AI leader, but with tension surrounding the EU AI Act’s compliance obligations, organizations should prepare for potential regulatory divergence between the plan's pro-innovation approach and the act's more prescriptive regime, says Marc Martin at Perkins Coie.
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Russia Sanctions Spotlight: Divergent Approaches Emerge
With indications of greater divergence and uncertainty in Russia sanctions policy between the U.K., European Union and U.S., there are four general principles and a range of compliance steps that businesses should bear in mind when assessing the impact of a potentially shifting landscape, says Alexandra Melia at Steptoe.
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Cos. Must Assess And Prepare For Cartel-Related FCPA Risks
Given the Trump administration’s strong signaling that it will focus on drug cartels and transnational criminal organizations when it resumes Foreign Corrupt Practices Act enforcement, global businesses should refresh their risk assessments and conduct enhanced due diligence to account for these shifting priorities, say attorneys at Morgan Lewis.
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Mitigating Import Risks Around Southeast Asian Solar Cells
The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.
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Arbitral Ruling In EU Fisheries Clash Clarifies Post-Brexit Pact
The Permanent Court of Arbitration's recent ruling marks a pivotal moment in the evolving jurisprudence surrounding the Trade and Cooperation Agreement, concluded between the U.K. and the EU after Brexit, and sets an important precedent for interpretation and enforcement of trade and environment clauses in cross-border disputes, says Josep Galvez at 4-5 Gray's Inn.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Adapting To PTAB's Reembracing Of Discretionary Denials
Recent guidance from the U.S. Patent and Trademark Office marks a swing back toward procedural discretion in Patent Trial and Appeal Board trial institution decisions, bringing unpredictability but also opportunities for drafting petitions, and making and responding to discretionary denial arguments, says Taylor Stemler at Merchant & Gould.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Berry Ruling Shows Why Plant IP Suits Can Be Thorny
A California federal court's recent decision in Driscoll's v. California Berry Cultivars illustrates that while a path exists for asserting U.S. plant patent rights against extraterritorial breeders, it can be difficult to prove infringement based on importation of plant parts, say Travis Bliss and Stephany Small at Panitch Schwarze.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.