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International Trade
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December 11, 2025
MVP: Wiley's Robert E. DeFrancesco III
Wiley Rein LLP's Robert E. DeFrancesco III successfully argued on behalf of the U.S. golf cart industry that Chinese imports were harming the sector, leading the government to impose triple-digit duties on those Chinese vehicles, earning him a spot as one of the 2025 Law360 International Trade MVPs.
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December 10, 2025
Ukrainian Civilians Say Intel, TI Parts Used In Russian Missiles
Several Ukrainian civilians told a Texas state court that semiconductor components manufactured by Intel Corp., Texas Instruments Inc. and others ended up in Russian missiles, saying Wednesday the companies negligently allowed their products to flow to the Russian military.
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December 10, 2025
USTR Orders Phase-In For 15% Tariff On Nicaraguan Imports
The U.S. will phase in a 15% tariff over the next two years on Nicaraguan imports originating outside a regional trade agreement in response to unfair trading practices and labor right violations, according to a notice published Wednesday by the U.S. Trade Representative's Office.
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December 10, 2025
Apple Tells Fed. Circ. ITC Move Boosts Watch Case Appeal
Apple Inc. has told the Federal Circuit that the U.S. International Trade Commission's decision last month to review whether a redesigned Apple Watch infringes Masimo Corp. patents "underscores the need" for the appeals court to reverse the ITC's original infringement finding.
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December 10, 2025
3rd Circ. Locks In 'Made In USA' False Ad Ruling
The Third Circuit on Wednesday upheld a $2.1 million disgorgement award to a Maryland caulking-gun manufacturer that accused a New Jersey competitor of falsely advertising its products as American-made when they were imported from Taiwan, in violation of the Lanham Act and state law.
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December 10, 2025
VPR Settles Trademark Dispute With Chinese Vape Makers
The three-year legal saga between U.S. and Chinese vaping companies over who could control the Elf Bar name appears to be coming to an end, the parties have told a Florida federal court, saying they've reached a deal that would end a number of overlapping intellectual property lawsuits that made it all the way to the Federal Circuit.
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December 10, 2025
Skyworks Fights Challenge To USPTO Policies At Fed. Circ.
Skyworks Solutions is pushing the Federal Circuit to ignore a Chinese company's challenge to new U.S. Patent and Trademark Office policies on when patent reviews can be denied, saying the dispute should be tossed the same as other similar challenges.
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December 10, 2025
MVP: Latham's Les Carnegie
Latham & Watkins LLP partner Les Carnegie guided a healthcare business after it found trace amounts of a restricted material in one of its products and helped a biopharmaceutical corporation sell part of its operation to an Indian company, earning him a spot as one of the 2025 Law360 International Trade MVPs.
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December 10, 2025
Amazon, P&G Sue Chinese Sellers Over Counterfeit Bug Traps
Amazon.com Inc. and Procter & Gamble Co. are suing a group of Chinese people and entities, alleging they have used Amazon's storefront to sell counterfeit insect traps using P&G's trademarks.
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December 09, 2025
States Ask Justices To Curtail Federal Trucking Law Shield
Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.
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December 09, 2025
Path Cleared For Turkish Contractor To Seize Libyan Assets
A D.C. federal court has ruled that a Turkish construction company may proceed with attaching Libyan government assets in the United States to satisfy an approximately $30 million judgment, finding that enough time has passed without a response from the country since the decision was entered.
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December 09, 2025
Nvidia Chips Sent To China In 'Smuggling Network,' DOJ Says
The U.S. has arrested two businessmen for their alleged roles in a scheme to smuggle Nvidia chips to China, while another businessman pled guilty to smuggling the AI tech company's chips, the U.S. Department of Justice announced Monday.
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December 09, 2025
FERC's Fate Uncertain As Humphrey's Executor Teeters
The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.
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December 09, 2025
OFAC Inks $1M Russian Sanctions Deal With Ex-Gov't Official
The U.S. Treasury's Office of Foreign Assets Control announced Tuesday that an unidentified attorney and former government official has agreed to pay more than $1 million to settle allegations the individual violated Russian sanctions by acting as a fiduciary for the family trust of a blocked Russian oligarch.
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December 09, 2025
Ex-Oil Trader Gets 15 Months, Avoids FCPA Forfeiture For Now
A former Connecticut oil trader convicted of violating the Foreign Corrupt Practices Act by laundering money and bribing officials at Brazilian oil giant Petróleo Brasileiro SA on Tuesday was sentenced to 15 months behind bars plus a $300,000 fine, avoiding for now a potential $7.8 million forfeiture order.
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December 09, 2025
Brookfield, Qatar Launch $20B AI Infrastructure Partnership
Brookfield announced Tuesday that it is joining forces with a subsidiary of the Qatar Investment Authority on a $20 billion joint venture to develop artificial intelligence infrastructure in Qatar and select international markets, marking Brookfield's first such investment in the Middle East.
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December 09, 2025
MVP: Covington's David Fagan
David Fagan of Covington & Burling LLP guided clients through a series of landmark, politically charged transactions over the past year, including securing U.S. government approval for Nippon Steel's $14.9 billion acquisition of U.S. Steel, earning him a spot as one of the 2025 Law360 International Trade MVPs.
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December 08, 2025
Trump To Let Nvidia Sell H200 Chips To China For 25% Cut
The U.S. will allow Nvidia to export its H200 chip to certain customers in China in exchange for the U.S. getting a 25% cut from sales, President Donald Trump announced Monday.
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December 08, 2025
USDA Appealing Chilean Grape Fumigation Decision
The U.S. Department of Agriculture is appealing a D.C. federal judge's decision vacating a 2024 rule change that allowed Chilean table grapes to be imported into the country even if they hadn't been fumigated with methyl bromide to kill pests.
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December 08, 2025
Conservative Justices Probe 'Husk' Of FTC Firing Protections
The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.
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December 08, 2025
Trump Admin Backs Exxon In Cuba Property Seizure Case
The Trump administration is pressing the U.S. Supreme Court to rule in favor of Exxon Mobil Corp. and find that a federal law allowing U.S. victims of property seizures by the Cuban government to seek damages from entities that subsequently used the property abrogates the sovereign immunity of Cuban agencies and instrumentalities.
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December 08, 2025
Court Remands Malaysian Wind Tower Duties For Details
The U.S. Department of Commerce must detail certain decisions in a countervailing duty administrative review of a Malaysian utility wind tower producer, according to a Court of International Trade opinion that partially remanded the government's determination for further explanation.
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December 08, 2025
MVP: Clifford Chance's Renée Latour
Clifford Chance LLP's Renée Latour played a key role advising the firm's global team to secure relief this year for aircraft lessors with planes stuck in Russia following global sanctions imposed on the country, earning her a spot as one of the 2025 Law360 International Trade MVPs.
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December 05, 2025
Virtual Asset Fund Sues Game Dev Over Delays, NFT Fraud
An investment fund specializing in virtual "real estate" has accused a game developer of violating securities laws and breaching an agreement by failing to timely deliver an unregistered NFT associated with its unreleased game.
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December 05, 2025
ITC Bans Infringing Drill Bit Imports After Fed. Circ. Remand
The U.S. International Trade Commission has held that a group of foreign companies is violating Section 337 of the Tariff Act by shipping diamond drill bit components that infringe a U.S. company's patent and issued an order banning such imports after the case was remanded by the Federal Circuit.
Expert Analysis
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends
The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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What US-India Trade Deal Will Mean For Indian Pharma
Complicated by newly imposed tariffs from the U.S., the outcome of the U.S.-India trade talks is poised to reshape not just trade policy, but also the strategic alignment of the two countries' pharmaceutical ecosystems, says Jashaswi Ghosh at Holon Law Partners.