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International Trade
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March 19, 2024
US Chamber Report Details Digital Trade 'Peril' For USTR
Digital trade is growing faster than the U.S. economy overall and supporting approximately 3 million jobs, but the sector is in "peril" due to the Biden administration's e-commerce policy reticence, says a new U.S. Chamber of Commerce report.
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March 19, 2024
Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal
Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.
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March 18, 2024
GOP Rep. Calls For Crackdown On EV Threats From China
Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.
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March 18, 2024
Justice Roberts Denies Ex-Trump Aide's Bid To Avoid Prison
Former Trump White House adviser Peter Navarro is headed for federal prison.
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March 18, 2024
Airgun Exec Hiding Biz Info From Overseer, Court Told
The receiver of an airgun seller asked the North Carolina Business Court to tighten restrictions on its chief executive, who is accused of using the company as his personal piggy bank, telling the court that the executive is believed to be taking company property and money following "deteriorating cooperation."
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March 18, 2024
Singer Seeks Chancery OK To Pull Plug On Licensee Rights
The owner of rights and trademarks of Singer sewing machine products has sued its North American distributor in Delaware's Court of Chancery, seeking a court declaration that it could end their contract because the distributor failed to meet minimum billing and royalties requirements.
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March 18, 2024
EPA Bans Most Common Asbestos In 'Cancer Moonshot' Rule
The U.S. Environmental Protection Agency on Monday finalized a ban on the most prevalent variety of asbestos, the first asbestos risk management rule issued since the Toxic Substances Control Act was amended in 2016.
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March 18, 2024
Brita Brings ITC Filter Patent Row To Federal Circuit
The Clorox Co.'s Brita brand has urged the Federal Circuit to overturn a decision that found it failed to show that language in a patent covering the brand's "gravity flow" filter was specific enough to earn legal protection.
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March 18, 2024
Attorney For Sen. Menendez's Wife Conflicted, Feds Say
Nadine Menendez, the wife of U.S. Sen. Robert Menendez and his co-defendant in a federal corruption trial in Manhattan, may be disadvantaged at trial due to her counsel's having "personal knowledge of certain facts relevant to this matter" that could compel him to testify as a witness, federal prosecutors said.
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March 18, 2024
Energy Dept. Says Alaska LNG Review Passes Legal Muster
The U.S. Department of Energy on Friday defended its reapproval of a $43 billion liquefied natural gas project in Alaska, telling the D.C. Circuit that its additional environmental review sufficiently considered the climate change impacts of the controversial project.
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March 18, 2024
Commerce Finds Turkish Paper Shopping Bags Dumped In US
The U.S. Department of Commerce announced anti-dumping tariffs on paper shopping bags from Turkey, the first out of nine countries to get a final determination in a probe on whether the bags are hurting the U.S. through unfairly priced imports.
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March 15, 2024
Navarro Appeals To High Court To Stay Free As Prison Looms
Former Trump White House adviser Peter Navarro turned to the U.S. Supreme Court on Friday in his efforts to evade prison while he appeals his conviction for defying a subpoena related to the Jan. 6, 2021, attack on the U.S. Capitol.
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March 15, 2024
Feds' PACER Gaffe Doesn't Mean A Sure Win For Magnet Co.
Federal prosecutors may suffer a setback in a case accusing a magnet manufacturer of sharing sensitive military data with China after accidentally publicizing the same information, but they may have an out under a regulation governing publishing in the public domain.
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March 15, 2024
Chiquita MDL Experts Aren't Reliable, Parties Say
A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.
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March 15, 2024
Agriculture Biz Seeks Probe Into Chinese And Indian Weed Killers
An agriculture company is calling on U.S. trade agencies to investigate Chinese and Indian herbicide imports, alleging that rivals abroad are using unfair trade practices to get ahead in the U.S. market.
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March 15, 2024
Mexico Protests New USDA Label Rule For Made-In-USA Meat
Mexico's Ministry of Economy said the U.S. Department of Agriculture's new rule limiting a "Product of U.S.A." label to meat derived from animals born, raised and slaughtered in the U.S. will prove costly to both Mexican producers and U.S. consumers.
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March 15, 2024
Unproven ID Theft Claim Can't Thwart $5.7M Duties, Feds Say
Customs officials urged the U.S. Court of International Trade to ignore a wheel importer's identity theft claim as it tries to escape $5.7 million in duties, saying Friday that the importer had failed to prove the wheels were falsely shipped in its name.
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March 14, 2024
DC Circ. Won't Delay Prison For Ex-Trump Aide Peter Navarro
The D.C. Circuit on Thursday refused to permit former White House adviser Peter Navarro to avoid reporting to prison by Tuesday while he appeals his sentence, ruling that Navarro hasn't shown that his appeal is likely to result in a new sentence that doesn't involve imprisonment.
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March 14, 2024
3D-Gun Info Group Loses Suit Over Publishing Blueprints
The U.S. Court of Federal Claims tossed an open-source gun group's lawsuit alleging the federal government failed to follow a 2018 settlement allowing the group to publish firearm blueprints, rejecting the group's contention that dismissing a final claim would be unfair.
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March 14, 2024
Koch Can't Bring $30M Claim Against Canada Under NAFTA
Canada prevailed in a $30 million arbitration brought by Koch Industries over the province of Ontario's decision to cancel a cap-and-trade program in 2018, securing dismissal of the claim on jurisdictional grounds.
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March 14, 2024
Sen. Menendez Loses Bid To Nix Corruption Charges
A New York federal judge on Thursday rejected U.S. Sen. Robert Menendez's bid to dismiss his bribery case, ruling none of the government's allegations target actions that could be considered protected activity under the U.S. Constitution.
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March 14, 2024
Mnuchin Says He's Forming Investor Group To Buy TikTok
Former U.S. Treasury Secretary Steven Mnuchin said Thursday he is forming an investor group to buy TikTok, one day after a measure to separate the social media platform from its Chinese owners passed the House.
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March 14, 2024
McDermott Eyes White Collar Growth With Orrick FCPA Pros
McDermott Will & Emery LLP announced Thursday the addition of a seven-partner team from Orrick Herrington & Sutcliffe LLP that will focus on the Foreign Corrupt Practices Act and the False Claims Act, saying it hired the team with an eye toward its white collar and government investigation capabilities.
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March 14, 2024
DOD's Weapons Monitoring In Iraq Fell Short, Watchdog Says
The U.S. Department of Defense failed to properly inspect and account for military equipment sent to Iraq to fight ISIS, raising the possibility of weapons going missing and falling into adversaries' hands, the department's internal watchdog said.
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March 14, 2024
Biden Comes Out Against $14.9B US Steel-Nippon Merger
President Joe Biden came out in opposition of U.S. Steel's planned $14.9 billion merger with Japan's Nippon Steel Corp. on Thursday, echoing lawmakers who have expressed concerns about the sale of an American institution to a foreign power.
Expert Analysis
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Mitigating Antitrust Risk Amid Increased Dealmaking Scrutiny
While deals continue to get done despite 60% of significant merger investigations in the U.S. last year concluding with a complaint or abandoned transaction, private equity firms should identify and assess potential antitrust risks and develop strategies to mitigate them early in the deal process, say attorneys at Dechert.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Business Takeaways From Biden's Global Labor Rights Memo
President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.
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1 Year In, Money Laundering Law Tweak May Have Big Impact
Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.
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How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing
The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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Unpacking Long-Awaited Clean Energy Tax Credit Guidance
Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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A Comparison Of Patent Dispute Resolution In US And China
As the U.S. and China are the two most significant arenas for patent disputes, multinational corporations must be able to navigate their patent dispute systems, which differ in speed, cost and potential damage awards, say attorneys at Covington.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.