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International Trade
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December 12, 2025
Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'
Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.
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December 12, 2025
Crypto Industry Balks At Citadel Securities' Call For Regs
Cryptocurrency advocates pushed back Friday against Citadel Securities' request that the U.S. Securities and Exchange Commission more closely monitor decentralized trading platforms, contending that placing the industry under the same strictures as traditional exchanges would "undermine" innovation.
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December 12, 2025
Treasury Issues Final Rules For Taxing Foreign Gov't Income
The U.S. Treasury Department issued final regulations Friday for determining whether income of foreign governments derived within the U.S. is taxable along with proposed regulations concerning when a foreign government has effective control of a commercial entity.
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December 12, 2025
5th Circ. Tosses Chinese Citizen's Suit Over Texas Land Law
The Fifth Circuit has affirmed the dismissal of a Chinese citizen's suit challenging a Texas law that bars residents and entities domiciled in specific countries, such as China, from buying property in the state, ruling the plaintiff lacks standing to sue because China is not his permanent home and he does not "intend to return."
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December 12, 2025
ArentFox Adds Cross-Border Corporate Atty From Reed Smith
ArentFox Schiff LLP announced Wednesday that it has added a Los Angeles-based partner from Reed Smith LLP to its corporate and securities practice, calling her "one of the most prominent Chinese-speaking corporate lawyers in the US."
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December 11, 2025
Gemini To Offer Prediction Markets With CFTC License
Winklevoss-led crypto firm Gemini plans to soon offer prediction markets to customers now that it's won a designated contract market license from the U.S. Commodity Futures Trading Commission.
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December 11, 2025
6th Circ. Hesitant To Call CDC Puppy Import Rule A 'Ban'
Sixth Circuit judges Thursday appeared skeptical that updated U.S. Centers for Disease Control and Prevention rules for bringing in dogs from other countries amounted to a ban that exceeded the agency's authority, but still challenged the agency on why age and microchip requirements are needed to prevent the spread of rabies.
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December 11, 2025
Tracking Challenges To USPTO's Discretion Policy
Leaders at the U.S. Patent and Trademark Office have significantly altered the Patent Trial and Appeal Board playing field since March, making changes to institution reviews that have led to unprecedented levels of petition denials. A steady stream of companies has challenged those changes through mandamus petitions to the Federal Circuit, and here Law360 tracks where those petitions stand.
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December 11, 2025
Fed Terminates 3 Actions Against Credit Suisse, JPMorgan
The Federal Reserve said Thursday that it has terminated a trio of enforcement actions against Credit Suisse Group AG and JPMorgan Chase & Co., lifting consent orders that were tied to alleged illicit finance practices and trade surveillance failures.
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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.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Unpacking The BIS Guidance On Chinese AI Chip Use
In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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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.