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International Trade
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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."
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September 19, 2025
Bills Would End Emergencies For Tariffs On Brazil, Canada
A national emergency underpinning U.S. tariffs imposed on Canada and another one justifying most American tariffs on Brazil would be ended under a pair of resolutions introduced with bipartisan support by Sen. Tim Kaine, D-Va.
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September 18, 2025
Calif. Judge Pauses US Suit Over $380M PetroSaudi Award
A California federal judge has paused the U.S. government's lawsuit targeting a PetroSaudi unit's $380 million arbitral award over its purported connection to funds embezzled from Malaysia, saying uncertainty remains over related proceedings in the Cayman Islands and Barbados.
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September 18, 2025
Circuit Board Maker Fights $7.6M Trial Loss At 11th Circ.
A Chinese circuit board manufacturer asked the Eleventh Circuit on Thursday to reverse a ruling in its U.S. distributor's favor, arguing that the lower court improperly held it to a heightened pleading standard in their contract dispute, paving the way to a $7.6 million loss at trial.
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September 18, 2025
Fox Can't Strike Distributor's Evidence In Sports IP Fight
A New York federal court ruled that a Mexican sports broadcasting distributor provided enough support to retain evidence that could help it overturn sanctions for unlawfully using Fox Corp.'s trademarks, rejecting Fox's efforts to suppress the evidence.
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September 18, 2025
Citing Lashify, ITC Finds Domestic Industry In Vape Case
The U.S. International Trade Commission has agreed with a judge's finding that Pax Labs Inc. has satisfied a requirement for it to bring its case alleging imports of vape devices infringed various patents, relying on a pair of Federal Circuit rulings over what counts toward that requirement.
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September 18, 2025
EU Agrees To Carbon Tax Concession For India
The European Commission agreed to grant a carbon tax deduction to Indian businesses as part of ongoing trade talks with the Modi government, according to a joint statement.
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September 18, 2025
Gov't OKs 430% Duties For 2 Chinese Wood Floor Exporters
The U.S. Department of Commerce announced final countervailing duty rates for several Chinese wood floor exporters Thursday, indicating two companies will face over 430% rates for their noncooperation with the government's administrative review.
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September 18, 2025
Japanese Glycine Exporter Hit With 86% Antidumping Duty
The U.S. Department of Commerce issued a notice Thursday indicating a Japanese supplier of glycine faces a more than 86% antidumping duty rate, saying the company failed to cooperate with the federal government's investigation.
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September 17, 2025
PTAB Told Variations From Prior Rulings Require Explanation
The U.S. Patent and Trademark Office has told Patent Trial and Appeal Board judges that they must now explain any decisions that have a different outcome from an earlier ruling on the same patent or similar patent claims, either by the patent office or in litigation.
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September 17, 2025
Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court
Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.
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September 17, 2025
2nd Circ. Won't Block Eletson Doc Transfer In Shipping Row
The Second Circuit on Wednesday declined Reed Smith LLP's emergency request to block the turnover of client files created amid its representation of Greece-based shipping company Eletson Holdings prior to an October 2024 reorganization, but agreed to refer the stay motion to a three-judge panel for consideration.
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September 17, 2025
USTR Seeks Feedback On USMCA In Advance Of Joint Review
The Office of the U.S. Trade Representative is seeking comments on the effectiveness of the U.S.-Mexico-Canada Agreement in advance of next year's joint review of the regional trade agreement, it has announced.
Expert Analysis
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State Tort Claims May Help Deter Bribes During FCPA Pause
As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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DOJ Export Declination Highlights Self-Reporting Benefits
The U.S. Department of Justice's recent decision not to prosecute a NASA contractor, despite a former employee pleading guilty to facilitating unlicensed exports, underscores the advantages available to companies that self-report sanctions violations, cooperate with investigations and implement timely remediation, say attorneys at Cleary.
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Review Risk Is Increasing For Foreign Real Estate Developers
Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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UK May Play Major Role In Corporate Misconduct Regulation
In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Cos. Should Review Pay Strategies In Light Of 2025 Tariffs
Companies should think about what they can or should do to ensure the ongoing effectiveness of their compensation plans in light of rising material costs, reduced profit margins, market volatility and other impacts of the Trump administration’s evolving tariff regime, say attorneys at Cooley.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.