The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.
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TOP NEWS

3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

By George Woolston

The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

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Fed. Circ. Hunts For Definition Of Heat-Resistant Brick

By Jack McLoone

A Federal Circuit panel pressed attorneys Thursday on how to define specialized heat-resistant bricks when compared to a similar product while considering a claim that the U.S. Court of International Trade essentially nullified duty orders on bricks by reinterpreting a previous appellate court decision.

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3rd Time Isn't The Charm In Trade Broker's License Fight

By Kevin Pinner

A Nebraska man cannot litigate, for a third time, the U.S. Customs and Border Protection's denying him a broker license for scoring an insufficient exam grade, the U.S. Court of International Trade said in an opinion.

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POLICY & REGULATION

Brief

EU, South Africa Meet To Discuss Clean Energy Trade Deal

By Dylan Moroses

South African and European officials began an intergovernmental dialogue Thursday to continue implementation efforts on the green energy trade deal signed last year, with particular focus on the kinds of businesses and investment projects the deal should encourage, according to a news release by the European Commission.

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Brief

EU OKs Antidumping Duties On Chinese Car, Light Truck Tires

By Dylan Moroses

Light truck and passenger car tires entering the European Union from China are facing new antidumping duties, the European Commission said Thursday.

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Brief

WTO, IMF, World Bank, IEA Cite Uneven Iran War Toll

By Dylan Moroses

The ongoing war in Iran sharply raised energy and fertilizer prices when it began, and although those prices have dropped, the conflict continues to fuel significant trade volatility, according to a joint statement issued by the leaders of four global economic rule-setting bodies.

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INVESTIGATIONS & REVIEWS

Brief

Paper Plates Skirt Steep Chinese Duties, Commerce Finds

By Dylan Moroses

Paper plates imported from Malaysia and Cambodia have been found to circumvent countervailing and antidumping duty orders on those products from China, according to notices published Thursday by the U.S. Department of Commerce.

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LITIGATION

Levona Pans Greenberg Traurig, Reed Smith Privilege Claims

By Andrea Keckley

Levona Holdings has urged a New York federal judge to order Reed Smith LLP and Greenberg Traurig LLP to turn over privilege logs in discovery related to the company's motion for sanctions, saying there are "reasons to doubt" the firms' privilege claims.

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Fragrance Cos. Look To End Antitrust Suit

By Matthew Perlman

Fragrance ingredient-makers accused of fixing prices are asking a New Jersey federal court to nix the claims, arguing that a hybrid relationship among suppliers is not illegal on its face and would need to be analyzed for its impact on competition.

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Sleep Number's Ex-CEO Can Enter Ch. 11 Fray As Bidder

By Vince Sullivan

The former CEO of bankrupt mattress company Sleep Number Corp. will be permitted to submit a bid to acquire the assets of the business after entering the process at the eleventh hour Thursday.

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ARBITRATION

Investors Look To Enforce €52M Romania Energy Award

By Joyce Hanson

A Dutch investor and related European entities have urged a D.C. federal court to enforce an arbitral award now worth some €52 million ($59 million) that they won against Romania after the country yanked a series of incentives for renewable energy projects.

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$500M Medical Glove Contract Breach Suit Sent To Arbitration

By Bonnie Eslinger

A Malaysia-based distributor must arbitrate its $500 million suit against a medical gloves supplier in a case stemming from a COVID-19 era agreement aimed at supplying nitrile gloves to Walmart for resale, after a New York federal court found an exception to arbitration for intellectual property disputes did not apply to the claims.

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CONGRESS

Brief

Senate Panel To Weigh 5 ITC Commissioner Picks

By Jack McLoone

The Senate Finance Committee will hold a public meeting Tuesday to consider President Donald Trump's five nominees for the U.S. International Trade Commission, the panel's chair said Thursday.

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PEOPLE

EXPERT ANALYSIS

Lessons From The DOJ's 1st Enforcement Policy Declination

The first U.S. Department of Justice declination to prosecute alleged export control violations and national security offenses offers a window into the operation of the administration’s recently implemented corporate enforcement and voluntary self‑disclosure policy, and how companies' compliance and cooperation efforts should be targeted, say attorneys at Pillsbury.

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Series

Bass Fishing Makes Me A Better Lawyer

Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

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LEGAL INDUSTRY

NY Courts Ban 'Smart' Glasses Over Secret Recording Abilities

By Lauren Berg

"Smart" glasses containing cameras and other recording devices will be banned from all state courts in New York beginning later this month, making it the apparent first in the nation to implement a statewide blanket ban on the wearable technology.

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Ex-Associate Says Jackson Lewis Pushed Her Out After Leave

By MJ Koo

A former associate attorney who was on the partnership track at Jackson Lewis PC has brought suit against the employment law firm in California state court, alleging that it refused to accommodate her temporary medical restrictions after she returned from leave and pressured her to accept a demotion or resign.

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Woodward Running DOJ Antitrust Division Alarms Observers

By Bryan Koenig

When Associate Attorney General Stanley E. Woodward Jr. quietly took over direct oversight late last month of the U.S. Department of Justice's Antitrust Division, there was no formal announcement, no White House action or U.S. Senate consultation, and little to signal what lies ahead.

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Arizona Atty Faces Possible Sanctions Over Bogus Quotes

By Emily Sawicki

An Arizona federal judge is mulling fee sanctions against an attorney found to have included erroneous quotations in a brief she filed in her client's employment discrimination case, amid what he called her history of "improper litigation conduct" in the pending matter and previous cases.

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Photographers Group Rebuts Judiciary On Court Cameras

By Courtney Bublé

The National Press Photographers Association pushed back on the federal judiciary's claims that allowing cameras in courtrooms would be problematic.

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Chicago US Atty Faces Ill. Judge For Discussing Sealed Case

By Lauraann Wood

Chicago's U.S. attorney stood silent for nearly 30 minutes Thursday as an Illinois magistrate judge sternly criticized him for publicly discussing a gang-related kidnapping case before it was officially unsealed, though she stopped short of finding his conduct constituted a deliberate violation of court orders.

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Ex-Wis. Judge Appeals Conviction In ICE Obstruction Case

By Ganesh Setty

A former Wisconsin state judge convicted of obstructing immigration authorities trying to arrest a defendant after he appeared in her courtroom lodged an appeal before the Seventh Circuit on Thursday, after avoiding a prison sentence but being fined $5,000.

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Grassley Claims Smith's Team Mishandled Classified Docs

By Jack Karp

Individuals working in then-special counsel Jack Smith's office may have mishandled classified information while investigating President Donald Trump, according to messages obtained by the Senate Judiciary Committee, committee Chair Sen. Chuck Grassley has told the U.S. Department of Justice.

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Attys Win $2.5M Fee Award After $63K Native Bias Verdict

By Joyce Hanson

A South Dakota hotel must pay an Indigenous advocacy group about $2.5 million in attorney fees following a trial jury's $63,191 verdict in a civil rights case claiming the business discriminated against Native American tribe members based on race, a federal judge has ruled.

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LAW FIRMS IN TODAY'S NEWS

Alexander Morrison & Fehr

Alston & Bird

Burke LLP

Carella Byrne

Cozen O'Connor

Cravath Swaine

Cuneo Gilbert

Davis Miles PLLC

Davis Polk

Duane Morris

Ellenoff Grossman

Elman Freiberg

FBT Gibbons

Frederick M. Lehrer Attorney at Law

Gibson Dunn

Gimbel Reilly

Goodwin Procter

Gordon Rees

Greenberg Traurig

Gustafson Gluek

Hausfeld LLP

Jackson Lewis PC

John Pierce Law

King & Spalding

Kirkland & Ellis

Lite DePalma

Morrison & Foerster

Nussbaum Law Group

Pachulski Stang

Paul Weiss

Pillsbury Winthrop

Quinn Emanuel

Reed Smith

Robins Kaplan

Shinder Cantor

Skadden Arps

Strang Bradley

Taft Stettinius

Walsh Pizzi

White & Case

COMPANIES IN TODAY'S NEWS

Agilex Flavors & Fragrances Inc.

Ansell Ltd.

Burke Inc.

Caterpillar Inc.

EssilorLuxottica

Firmenich International SA

Givaudan

Hewlett Packard Enterprise Co.

Huawei Technologies Co. Ltd.

International Centre for Settlement of Investment Disputes

International Flavors & Fragrances Inc.

Maduro & Curiel’s Bank

Magellan Financial & Insurance Services

Meta Platforms Inc.

Robert Bosch GmbH

Sleep Number Corp.

Symrise AG

TransUnion LLC

Walmart Inc.

Ring Power Corp.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Industry and Security

European Commission

European Union

Executive Office of the President

Federal Trade Commission

Illinois Supreme Court

International Monetary Fund

International Trade Commission

Judicial Conference of the United States

Los Angeles Superior Court

U.S. Attorney's Office for the Eastern District of Wisconsin

U.S. Attorney's Office for the Northern District of California

U.S. Attorney's Office for the Northern District of Illinois

U.S. Bankruptcy Court for the Southern District of New York

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Customs and Border Protection

U.S. Department of Commerce

U.S. Department of Justice

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Senate

U.S. Supreme Court

United States District Court for the District of South Dakota

United States District Court for the Eastern District of Wisconsin

World Bank Group

World Trade Organization