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International Trade
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April 09, 2024
Poland Adopts Digital Platform Reporting Rules
Poland's Council of Ministers approved a measure Tuesday implementing the European Union's tax information reporting procedures for digital platform operators, known as DAC7, the country's tax authority said.
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April 09, 2024
Jury Must Hear Terrorism Payments Were Extortion, Chiquita Says
Banana company Chiquita argued Tuesday it should not be blocked from presenting evidence about threats made to its employees by a Colombian paramilitary group and about other businesses making payments to the group at a coming bellwether trial in a long-running multidistrict litigation accusing Chiquita of funding the paramilitary group that allegedly killed the plaintiffs' relatives.
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April 09, 2024
Treasury Renews Call For Tools To Combat Crypto Crime
Deputy Treasury Secretary Wally Adeyemo on Tuesday renewed his call to Congress for additional tools to combat cryptocurrency's use by bad actors as lawmakers floated their own priorities for a cryptocurrency regulatory regime.
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April 09, 2024
Sen. Menendez's Wife Says Surgery Should Delay Bribery Trial
The wife of U.S. Sen. Robert Menendez said Tuesday that a "serious medical condition" requiring surgery should delay her trial on bribery charges, a case a New York federal judge has firmly set for May 6.
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April 09, 2024
Fragrance Giants Want Out Of 'Threadbare' Price-Fixing Suit
Four international fragrance giants urged a New Jersey federal court to toss a proposed class action accusing them of conspiring to reduce competition in the multibillion-dollar fragrance market, saying plaintiffs are struggling to point to any price-fixing agreement.
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April 09, 2024
Trade Court OKs Revoking Plywood Duty Evasion Ruling
The U.S. Court of International Trade accepted U.S. Customs and Border Protection's rescission of a duty evasion ruling that exposed importers to duties on Chinese plywood, but let CBP handle the question of duties paid under the now-rescinded ruling.
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April 08, 2024
Fed. Circ. Won't Touch ITC's Sonos Ruling
Neither Google nor its legal foe at speaker brand Sonos was able to persuade the Federal Circuit on Monday to change a mixed holding from the U.S. International Trade Commission that allowed some redesigned Google Home products to stay on the market.
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April 08, 2024
FTC's Slaughter Defends International Cooperation
Several federal agency leaders said Monday they are working across the government to help boost competition, as Federal Trade Commissioner Rebecca Kelly Slaughter touted the importance of cooperation on competition issues at home and abroad.
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April 08, 2024
US Pledges $6.6B To TSMC As Chip Co. Eyes 3rd Ariz. Plant
The Biden administration on Monday proposed a pledge of $6.6 billion to Taiwan Semiconductor Manufacturing Co. in hopes of boosting the U.S. domestic semiconductor industry as the chipmaking giant eyes a third fabrication plant in Arizona.
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April 08, 2024
Wiley Hires US Trade Rep GC To Int'l Trade Group
Wiley Rein LLP has hired the former general counsel to the Office of the U.S. Trade Representative, who joins its international trade practice as a partner, the firm announced Monday.
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April 08, 2024
Fed. Circ. Upholds Toss Of Chinese Wheels Duties Fight
The Federal Circuit on Monday backed the U.S. Court of International Trade's dismissal of a wheel importer's lawsuit challenging duties on its Chinese-origin steel wheels, saying the CIT could have heard the case had the importer sought administrative review on the duties.
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April 08, 2024
Greek Air Force Says $22M Contract Dispute Was Timely
Greece's Air Force has urged the Federal Circuit to revive its $21.7 million suit over faulty cameras purchased from a U.S. contractor, saying its claim accumulated later than the U.S. government had argued and was timely.
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April 08, 2024
Menendez Seeks To Block Info On Lifestyle, Political Donors
U.S. Sen. Robert Menendez is seeking to have evidence about his and his wife's lifestyle and spending habits and information about his campaign donors excluded from the bribery trial that the couple and two business associates are facing on May 6, according to court documents.
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April 08, 2024
EU Tax Single Filing Would Aid Small-Biz Trade, Official Says
A proposal allowing small businesses in the European Union to file a single tax return with the administration of the business' head office as opposed to with every member country where the entity does business would cut compliance costs and encourage trade, an EU official said.
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April 05, 2024
Baltimore Bridge: Biden's Visit, Recovery, Supply Chain
Nearly two weeks after the Francis Scott Key Bridge's collapse, government and legal maneuvers are taking shape as the Biden administration pledged to fully reopen the Port of Baltimore before June, while the owner and operator of the ship that caused the collapse sought to limit its financial liability.
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April 05, 2024
Trade Court Backs Commerce's Dates For Turkish Rebar Sales
The U.S. Court of International Trade rebuffed Turkish rebar producers seeking to unwind tariffs on their products based on the U.S. Department of Commerce's designated date of sale for their U.S. imports, holding that evidence backed the agency.
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April 05, 2024
Judge Lourie's Dissent Revives Debate Over FDA Safe Harbor
U.S. Circuit Judge Alan Lourie has urged the Federal Circuit to reconsider its precedent over a safe harbor that allows infringement when companies are developing products regulated by the U.S. Food and Drug Administration, and many attorneys agreed with him that the appeals court has been improperly expanding the safe harbor for decades.
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April 05, 2024
Judge Newman Pushes To Keep Suit Over Suspension Intact
U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.
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April 05, 2024
Gunmakers Denied Stay In Mexico Lawsuit
Gunmakers hoping to get the U.S. Supreme Court to take up their effort to end a lawsuit by the Mexican government seeking to hold them liable for arming drug cartels can't make an end run around the First Circuit to pause the case while they wait, a Massachusetts district judge said on Friday.
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April 05, 2024
Fed. Circ. Upholds Australian Steel Import Pricing
A Federal Circuit panel has backed the U.S. Department of Commerce and a trade court's assessment of the prices an Australian steel company charged its U.S. customer, holding that the companies provided enough of a paper trail to explain their relationship.
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April 05, 2024
Fla. Men Admit To Illegally Sending Aircraft Parts To Russia
Two Florida residents pled guilty this week in Arizona to conspiracy to violate the Export Control Reform Act by illegally exporting controlled aviation technology to Russia.
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April 05, 2024
5th Circ. Won't Touch Texas Oil Export Terminal License
The Fifth Circuit has rejected environmentalists' attempt to undo federal approval for a deepwater oil export terminal off Texas' Gulf Coast, finding the U.S. Coast Guard adequately considered the environmental consequences of the facility in its environmental assessment.
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April 05, 2024
Justices Urged To Mull Hezbollah-Tied Bank's Immunity 'Now'
U.S. victims of terrorist attacks in Iraq warned the U.S. Supreme Court that forgoing review on whether a defunct Lebanese bank can claim sovereign immunity from allegations the bank funded Hezbollah would have negative implications on disputes involving foreign trade.
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April 05, 2024
Ex-Acting Homeland Security GC Joins Nixon Peabody In DC
Nixon Peabody LLP has hired the former acting general counsel of the U.S. Department of Homeland Security, who joins the firm after working with the agency for more than two decades and through four presidential administrations.
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April 04, 2024
Google Files RICO Suit Alleging Crypto, Investing App Scams
Google hit a pair of China-based app developers with a racketeering lawsuit in New York federal court Thursday, claiming they defrauded more than 100,000 users with dozens of fake investment and cryptocurrency exchange apps placed on the Google Play store that bilked users out of their money.
Expert Analysis
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Considering A Practical FRAND Rate Assessment Procedure
As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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A Guide To New Russia Sanctions For Foreign Financial Cos.
Attorneys at Foley Hoag take foreign financial companies on a deep dive into the compliance advice the U.S. Office of Foreign Assets Control issued after President Joe Biden's December executive order widened a Russian import ban and authorized sanctions against businesses that transact with Russia's military-industrial base.
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How Russia Sanctions Bills Could Reshape Asset Forfeiture
Several U.S. legislative proposals to seize billions in frozen Russian assets for post-war reconstruction of Ukraine would bypass traditional asset forfeiture guardrails, making it crucially important that practitioners remain vigilant and understand when to proactively engage with the government, say attorneys at Kasowitz.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Opinion
Stakeholder Amici Should Be Heard In Russian Trade Case
Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.
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US Cos. Must Guard Against Russian Diversion Of Goods
Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.