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International Trade
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December 23, 2024
'Tragedy To Farce': Menendez Makes 3rd New Trial Bid
Former U.S. Sen. Robert Menendez and two co-defendants, convicted of bribery in July, have made a third push for a new trial in Manhattan federal court, contending that the government's latest admission of an evidence gaffe bolstered their case.
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December 23, 2024
Biden Targets Chinese Chip Industry In Sweeping Trade Probe
The Biden administration opened an investigation into China's semiconductor industry Monday, setting the stage for potential new sanctions against Beijing over its purported use of unfair trade practices to dominate the global microchip market.
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December 20, 2024
Argentina Asks Justices To Review Bondholders' $310M Win
Argentina wants the U.S. Supreme Court to resolve a circuit split over what law applies when determining whether a country's assets are shielded from creditors under the Foreign Sovereign Immunities Act, saying its reversionary interests worth $310 million in collateral backing recently matured 1990s Brady bonds are immune.
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December 20, 2024
South Korean Needle Operation Secures Patent Win At ITC
The U.S. subsidiary of a South Korean dermatologist's needle business has convinced a judge at the U.S. International Trade Commission that several rivals in the marketplace for selling microneedles to plastic surgeons are infringing patents.
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December 20, 2024
Feds Rip Atty For NYC Mayor Over Press Statements
Prosecutors told a Manhattan federal judge Friday that New York City Mayor Eric Adams' lawyer has violated local court rules by making comments to the press that deride their bribery and corruption case against the mayor as a "contrived" effort to tarnish his reputation.
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December 20, 2024
Trade Panel Strikes Down Mexico's Curbs On Biotech Corn
Mexico's 2023 restrictions on the use of genetically modified corn to make tortillas and animal feed violated the country's trade accord with the U.S., a dispute settlement panel ruled Friday, finding that the policy was not based on sound science.
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December 20, 2024
11th Circ. Won't Reconsider Nixing $440M Cuba Dock Claim
The Eleventh Circuit said it won't take a second look at its decision upending a $440 million judgment against four cruise lines that were accused of participating in prohibited tourism in Cuba by way of utilizing a dock that once belonged to a U.S.-based company.
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December 20, 2024
Trump Tells EU To Buy US Oil In Bulk Or Face Higher Tariffs
President-elect Donald Trump used social media early Friday morning to threaten the European Union with "tariffs all the way" if it refuses to buy large amounts of U.S. oil and gas.
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December 20, 2024
FTA Proposes Buy America Waiver For Electric Minibuses
The Federal Transit Administration has asked for public feedback on whether it should grant a temporary nonavailability waiver from domestic sourcing requirements for battery electric minibuses, saying it had received related requests from multiple transit operators.
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December 20, 2024
Digital Taxes In Flux Amid Renewed US Tariff Threats
Governments around the world revisited their approaches to digital services taxes this year by adopting broader versions, raising rates, carving out industries and analyzing the impacts of adopting unilateral measures as threats of U.S. tariffs materialize once again. Here, Law360 looks at how countries around the world are considering, adopting or changing their DSTs.
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December 20, 2024
Year In Review: The Biggest Trade Policy Moves Of 2024
The final year of the Biden administration saw trade policy kept on the back burner, particularly as campaign season ramped up, but nevertheless 2024 yielded a number of White House moves on tariffs, enforcement and negotiations that kept attorneys at attention. Here, Law360 walks you through the most noteworthy trade policy developments of the past 12 months.
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December 20, 2024
UK Finds $35B Software Deal Could Harm Supply Of Chips
The Competition and Markets Authority warned on Friday that the $35 billion acquisition by Synopsys Inc. of another software firm, Ansys Inc., could harm competition for semiconductor chips in the U.K., forcing consumers to pay higher prices for laptops, smartphones and televisions.
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December 19, 2024
Fed. Circ. Seeks Denial Of Newman Bid To Unseal Documents
The Federal Circuit judges asked the D.C. Circuit on Thursday to reject U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying they are of "questionable relevance" and will be released soon anyway.
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December 19, 2024
Aviation Co. AAR To Pay $55M Over Alleged Bribery Schemes
AAR Corp. has agreed to shell out $55 million to resolve allegations from both the U.S. Securities and Exchange Commission and U.S. Department of Justice that the aviation services provider bribed government officials in Nepal and South Africa, the agencies announced Thursday.
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December 19, 2024
US Co.'s Claim Over Canada Coal Phaseout Nixed
Westmoreland Coal Co. has lost its investor-state claim against Canada after lawmakers in Alberta opted to fast-track a planned coal phaseout, Ottawa has confirmed.
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December 19, 2024
FERC Chair Plays Coy On Impact Of LNG Export Study
Willie Phillips, chairman of the Federal Energy Regulatory Commission, wouldn't say on Thursday how the agency would incorporate a recently released federal study on the economic and environmental effects of liquefied natural gas exports into its reviews of proposed export terminals, and cited limits on FERC's authority.
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December 19, 2024
Father-Son Duo Admit To $100M Fraud Targeting NJ Deli
A father and son pled guilty Thursday to their roles in a stock manipulation scheme that duped the trading public into thinking a small, unprofitable New Jersey deli was worth $100 million, New Jersey federal prosecutors said.
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December 19, 2024
U.S. Sanctions Georgian Officials For Brutality Against Critics
The U.S. Department of the Treasury announced sanctions on two officials from the Georgian Ministry of Internal Affairs for their crackdowns on media and political opposition figures Thursday, bringing the number of Georgian officials sanctioned in the last three months to four.
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December 19, 2024
Honda, Nissan Mulling Merger, And Other Deal Rumors
Japanese automakers Honda and Nissan are discussing a potential merger as they look to compete with the likes of Tesla and Chinese automakers, according to a Wednesday report by Nikkei. A subsequent report in The Wall Street Journal laid out some eye-catching stats about China's growth in the industry, which it said has left automakers elsewhere across the globe scrambling to compete.
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December 19, 2024
Graphite Cos. Seek Up To 920% Tariffs On Chinese Products
A group of graphite producers is asking the federal government to impose tariffs as high as 920% on Chinese rivals to hamper that country's alleged tactics of producing and exporting natural and synthetic graphite at low, unfair prices.
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December 19, 2024
Commerce Tightens Grip On State-Controlled Businesses
The U.S. Department of Commerce on Thursday finalized a suite of changes enhancing its power to set duties on unfairly priced imports, including a bevy of new rules aimed at placing higher duties on companies that are effectively controlled by nonmarket economy governments.
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December 19, 2024
NYC Mayor Says Indictment Lacks Detail, Hampering Defense
New York City Mayor Eric Adams told a Manhattan federal judge that the bribery and corruption charges against him are vague as to what he allegedly agreed to do and who he agreed to do it with, hindering his ability to defend himself.
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December 18, 2024
ITC Nominees Pressed On Tariffs And China
A U.S. Senate panel on Wednesday pressed two Biden administration appointees to the U.S. International Trade Commission on tariffs, China and how they plan on accessing "public interest" in patent investigations.
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December 18, 2024
ITC Judge Hands Win To Ericsson In 5G Patent Fight
An administrative judge at the U.S. International Trade Commission has decided that mobile phones sold by Motorola infringe patents owned by Swedish telecom giant Ericsson.
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December 18, 2024
DOJ Wants Misconduct Allegations Hushed In Used Car Case
The U.S. Department of Justice wants to bar defendants accused of violently controlling the cross-border transport of American used cars into Central America from raising accusations of misconduct by nonwitness law enforcement officers to the jury without prior approval from the Texas federal judge overseeing the case.
Expert Analysis
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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5 Areas Congress May Investigate After GOP Election Wins
With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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Key Territory-Split Licensing Lessons For Life Sciences Cos.
Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.
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2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape
Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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What Trump's 2nd Presidency Could Mean For Crypto Sector
Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Key Legal Considerations After Supply Chain Disruptions
After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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What FTC's 'Bitcoin ATM' Report Tells Us About Crypto Scams
The Federal Trade Commission's recent insights into bitcoin ATM scams highlight the technical evolution of fraudsters, the application of old scams to new technology, and the persistent financial impact on victims, say attorneys at DLA Piper.