Analysis

Why Trump's 2nd Global Tariff May Fare Better On Appeal

By Dylan Moroses

President Donald Trump's administration on Friday appealed the U.S. Court of International Trade's ruling deeming his temporary global tariff unlawful to the Federal Circuit, where judges may view the executive action with more deference than the measures it immediately replaced.

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Fed. Circ. Weighs Timing Concerns In Tariff Exclusion Denials

By Jack McLoone

A Federal Circuit panel on Friday largely let attorneys do the talking while attempting to suss out whether the U.S. Department of Commerce properly justified blocking the country's largest vegetable canner from securing tariff exclusions for its imported tin.

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Nike Customers Join Tariff Refund Class Action Trend

By Jack McLoone

A group of Nike customers on Friday joined the growing number of proposed class actions looking to secure legal rights to refunds of costs tied to President Donald Trump's now-invalidated global tariff regime, saying they were the ones who actually bore the costs.

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Widow Can't Lift EU Sanctions Over Ties To Syria's Assad

By Eddie Beaver

The European Union's highest court has maintained sanctions against the widow of Mohammed Makhlouf, the uncle of former Syrian President Bashar al-Assad, as it upheld findings that her family exercised direct influence over the Assad regime.

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Clarity Sought On Energy Tax Credits And Foreign Debt

By Kat Lucero

The IRS should issue more guidance on what kind of debt arrangements can limit a development project's access to clean energy tax credits under new prohibited foreign entity requirements as uncertainty over financial liability and ownership becomes a major market concern, practitioners said Friday.

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ITC Bars Import Of Innoscience Chips Made Before Redesign

By Elliot Weld

The U.S. International Trade Commission has issued a limited exclusion order barring the importation of semiconductors made by Innoscience prior to an approved redesign, terminating an investigation that was started at the behest of a rival.

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Venezuela Oil Co. Seeks Redo On Rig Seizure Claims

By Caroline Simson

Venezuela's state-owned oil company is urging the U.S. Supreme Court to revisit a D.C. Circuit opinion ordering the company to face long-pending allegations of unlawfully seizing an Oklahoma-based oil drilling company's rigs, arguing the ruling upends decades of precedent on the act of state doctrine.

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FTC's Gender-Care Probe Likely Retaliatory, Judge Says

By Nadia Dreid

The Endocrine Society has convinced a D.C. federal judge that the Federal Trade Commission's motivation for targeting it with a subpoena was likely retaliation for the guidelines the nonprofit produced regarding gender-affirming care.

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Communal Streaming App Says IPhone Removal Monopolistic

By Bryan Koenig

Communal video streaming app Rave has filed five separate lawsuits against Apple, including in a New Jersey federal court, accusing the technology giant of booting it from iPhones and Macs under pretextual claims of fraud and spreading malware, which the app says were invoked to protect Apple's SharePlay and its iPhone monopoly.

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Poland Tells DC Circ. Trader Can't Revive Annulled Award

By Joyce Hanson

Poland has asked the D.C. Circuit to affirm a lower court's decision denying confirmation of Mercuria Energy Group's annulled $40 million arbitral award, saying the Cypriot commodities trading firm's disappointment with the annulment doesn't mean the appeals court should deviate from controlling precedent.

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Expect US Enforcers' Cartel Crackdown To Continue

Since agencies’ coordinated enforcement efforts targeting cartel-related activity have not slowed, U.S. companies in Latin America should assess new business lines for designated-cartel ties, scrutinize highest-risk third parties, and enhance training and internal investigation practices, say attorneys at Miller & Chevalier.

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How New E-Evidence Rules Will Affect EU-US Data Transfers

The forthcoming European Union e-evidence regulation signals the need to preserve digital evidence that is stored outside the issuing jurisdiction, bringing the EU significantly closer to the model employed by the U.S. and reflecting a shift in the legal landscape for cross-border data transfers, say lawyers at MoFo.

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The Ethics And Practicalities Of Representing AI Agents

With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

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Analysis

Trading Scheme Is A 'Wake-Up Call' For BigLaw Compliance

By Chris Villani

The breadth of a decade-long insider trading scheme prosecutors say was fueled by stolen BigLaw merger information should jolt firms to reexamine their practices to close gaps in internal security, experts told Law360, even if totally eliminating bad actors is nearly impossible.

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Quinn Emanuel Founder Exiting Executive Chair Role

By Tracey Read

Four decades after high-stakes litigation firm Quinn Emanuel Urquhart & Sullivan first opened in Los Angeles, founding partner John B. Quinn is stepping down as executive chairman of the firm effective immediately.

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NY Ethics Panel Finds US Attorney Committed Misconduct

By Courtney Bublé

The New York Attorney Grievance Committee has found that President Donald Trump's pick leading the U.S. Attorney's Office for the Northern District of New York engaged in "professional misconduct" last summer, according to a letter released on Monday.

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Trump Taps 6 Judges, Including Picks Needing Blue Slips

By Courtney Bublé

President Donald Trump announced six judicial nominees on Monday, including picks for the Eighth and Tenth Circuits and two district court picks that needed support from Democrats.

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ChatGPT Suit Points To Ups And Downs Of Pro Se AI Use

By Cara Bayles

A recent lawsuit against OpenAI highlights many of the hopes and anxieties about pro se litigants using generative artificial intelligence to churn out legal arguments. The technology raises concerns about confidentiality, hallucinations and ethical issues, but some access-to-justice advocates worry the lawsuit may hinder technology that might democratize legal services.

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Plaintiffs' Attys Sanctioned In Tylenol MDL, Sparking Appeal

By Gianna Ferrarin

A New York federal court sanctioned a plaintiffs' firm and its co-founder in federal multidistrict litigation by families alleging that prenatal exposure to acetaminophen can cause autism, saying they improperly shared confidential information from the case in related state court actions.

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Senate Confirms 13 US Attorneys In En Bloc Vote

By Courtney Bublé

The Senate voted 46-45, along party lines, to confirm 13 U.S. attorneys on Monday as part of a larger nominations package.

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Pa. Law Firm, Doctors Can't Shake Uber, FedEx RICO Suit

By Linda Chiem

A Pennsylvania federal judge said Monday that Uber and FedEx offered extensive and detailed allegations to press ahead with their racketeering lawsuit accusing a Philadelphia personal injury firm and local healthcare providers of scheming to fabricate medical records to inflate accident claims.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week handled a varied mix of settlement approvals, political office disputes, transaction fights, emergency injunction bids and questions over how far the court can go to preserve records for litigation outside Delaware.

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