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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Ex-Wachtell Lipton Atty Tied To Stolen BigLaw Info Trades

By Chris Villani

A former Wachtell Lipton Rosen & Katz attorney who later worked for investment bank LionTree LLC is an unindicted co-conspirator in a sweeping alleged insider trading scheme that involved stolen information from several prominent law firms, according to a review of publicly available information.

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Legal Industry Bounces Back, Gaining 2,400 Jobs In April

By Tracey Read

The legal sector is once again on a positive trajectory, gaining 2,400 jobs last month, according to seasonally adjusted data released Friday by the U.S. Bureau of Labor Statistics.

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Top Atty In DOJ Appeal Over Law Firm Exec Orders To Depart

By Jake Maher

The lead federal prosecutor on the Trump administration's appeal to reinstate executive orders targeting four law firms is stepping down from his government role at the end of May, he publicly announced this week.

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DLA Piper Accused Of 'Frivolous' Suit To Please Chipotle GC

By Gina Kim

DLA Piper aggressively litigated a "frivolous" computer fraud lawsuit against a nonprofit volunteer in order to appease the then-general counsel of Chipotle, a client, who referred the case to the firm, according to a malicious-prosecution complaint filed Thursday in California state court. 

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Prosecutor Faces Probe Into Withheld Immigration Case Info

By Bonnie Eslinger

The lead assistant federal prosecutor for Rhode Island's civil division is under investigation for allegedly withholding information in an immigration case, according to an order from the Ocean State's top federal judge.

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Prosecutors Oppose Move To Put Off Goldstein Sentencing

By Jared Foretek

Federal prosecutors are claiming that SCOTUSblog founder Thomas Goldstein may have violated his pretrial release conditions when he racked up over $1.7 million in gambling income last year, telling a federal judge not to delay sentencing for the famed U.S. Supreme Court lawyer.

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Tort Report: Tesla's Legal Exposure Seen As High As $14.5B

By Y. Peter Kang

A new report stating that Tesla faces billions in legal liabilities and a $140 million football brain injury verdict against the NCAA lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

The past week in London has seen Morrisons sued by a former logistics partner, EDF and Cripps LLP face a claim brought by a family estate near Hinkley Point C and a former BBC broadcaster file a defamation claim against a Welsh news site over articles linking her to Russian state media and conspiracy theories. Here, Law360 looks at these and other new claims in the U.K.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

The head of the U.S. Department of Labor's employee benefits section said agency investigations will focus on benefit plan managers' loyalty conflicts, including pursuit of socially conscious goals. Meanwhile, Dell became the latest company to consider Texas as its new legal home. These are among the stories in corporate legal news you may have missed in the past week.

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Law360's Legal Lions Of The Week

By Kevin Penton

The National Immigrant Justice Center and the American Civil Liberties Union lead this week's edition of Law360 Legal Lions, after a split Seventh Circuit panel rejected the Trump administration's argument that immigrants unlawfully in the United States have no due process rights.

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In Case You Missed It: Hottest Firms And Stories On Law360

By Adam LoBelia

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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