International Trade

  • January 31, 2024

    Feds Urged To Adopt EV Battery Tracing For Tax Credit Rules

    A mechanism to trace the source of battery materials in electric vehicles would help enforce manufacturers' compliance with the domestic content requirements that are now linked to the EV consumer tax credit, stakeholders told U.S. Treasury Department and IRS officials Wednesday.

  • January 31, 2024

    US Tells Fed. Circ. Greece's $23M Arms Sale Suit Was Late

    Federal attorneys urged the Federal Circuit against reviving the Greek government's $23 million lawsuit over a decades-old arms sale, saying the claims court correctly determined that Greece had waited too long to file the case.

  • January 31, 2024

    Treasury Aims To Finish Credit Monetization Rules In 2024

    The U.S. Department of the Treasury aims to issue final rules this year on two new ways to monetize tax credits tied to clean energy construction projects, known as the direct pay and transferability methods, an official said.

  • January 30, 2024

    Ex-Pfizer Compliance Officer Revamps Whistleblower Suit

    A former Pfizer compliance officer said he endured harassment and discrimination before being fired in retaliation for reporting the pharmaceutical giant to the U.S. Securities and Exchange Commission over concerns that it was potentially violating the Foreign Corrupt Practices Act, according to an amended complaint filed in California federal court.

  • January 30, 2024

    Clorox, Brita Can't Beat Filter 'Patent Ambush' Antitrust Suit

    A Pennsylvania federal judge on Tuesday ordered that Clorox Co. and its Brita brand must face an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying there is not enough overlap between the antitrust suit and Brita's patent infringement suit in Delaware to either dismiss or transfer venues.

  • January 30, 2024

    Trader Joe's Supplier Wins Contract Claim Over Bony Birds

    A Washington federal judge ruled on Tuesday that a poultry supplier breached its contract by selling a Trader Joe's chicken burger manufacturer a "boneless" shipment that contained bone fragments, while ruling that a jury should decide other issues in the supply chain suit, including whether the batch was wrongly characterized as "breast trim."

  • January 30, 2024

    VW Says Supplier Ignoring 8 Years Of Litigation In Germany

    Volkswagen is urging a Texas federal court to toss a case accusing it of keeping a stranglehold on its suppliers, saying it has already been embroiled in litigation in Germany for eight years with the company bringing the claims.

  • January 30, 2024

    4th Circ. Revives Combat IP Theft Suit Against Israeli Co.

    The Fourth Circuit on Tuesday revived an American combat training company's trade secret theft lawsuit against an Israeli company, its U.S. affiliate, a military officer and the Israeli Ministry of Defense, finding the trial court wrongly relied on a prior judgment, which didn't address the Delaware-based affiliate.

  • January 30, 2024

    WeChat And DHgate Listed On USTR's Counterfeiting Report

    The latest counterfeiting report from the U.S. Trade Representative on Tuesday found that Chinese platforms like WeChat and DHgate have continued to cost the U.S. billions of dollars through the sale of counterfeit products in 2023 and highlighted growing concerns about the promotion of fake products by social media influencers.

  • January 30, 2024

    Texas Co. To Pay Record $2M For False 'Made In USA' Labels

    Tractor maker Kubota North America Corp. will pay $2 million for labeling imported replacement parts as made in the United States in violation of the Federal Trade Commission Act, a record sum for such mislabeling.

  • January 30, 2024

    5th Circ. Tosses $200M Vessel Explosion Award Confirmation

    A Louisiana federal court couldn't confirm $200 million awarded to a German shipowner for a deadly chemical explosion on its vessel because MSC, the Swiss shipping giant liable for the disaster, doesn't have a connection to the Pelican State, according to a Fifth Circuit panel.

  • January 30, 2024

    Justices Urged To Review Nix Of FCA Sanction Evasion Suit

    A Wyoming company urged the U.S. Supreme Court to look into whether lower courts and the U.S. Department of Justice unlawfully snubbed its allegations that London's Standard Chartered Bank cleared roughly $56 billion in violation of U.S. sanctions targeting Iran.

  • January 30, 2024

    Global Anti-Corruption Fight Is Fizzling, Study Says

    Efforts to combat corruption in the public sector have stalled in the U.S. and globally while some developed countries, including the United Kingdom and Iceland, appear to be drifting backward, according to an annual study released Tuesday.

  • January 29, 2024

    Solar Importers Call To End Suit Over Tariff Reprieve

    Solar energy industry groups and equipment suppliers have piled up motions to intervene in support of the government in a case challenging President Joe Biden's pause on solar circumvention tariffs, with two calling to toss the suit altogether.

  • January 29, 2024

    Don't Keep Us Out Of ITC, Startup Says In Apple Watch Row

    A Silicon Valley medical device startup that wants the U.S. International Trade Commission to ban certain health-related features from being employed by new Apple Watches is arguing that this dispute is important to ensure that other startups that don't make products can litigate their grievances with tech giants at the Washington, D.C.-based commission.

  • January 29, 2024

    Judge 'Mystified' At Bid To Block Crystals in Watch Duty Suit

    The U.S. Court of International Trade on Monday refused to stop a watch importer from submitting crystal samples into evidence in the importer's lawsuit challenging U.S. duty classifications for Swiss-made Richard Mille watches, saying it wasn't clear why the government wanted them out.

  • January 29, 2024

    Feds Say Staples Rerouted To Skirt Duties On Chinese Goods

    The U.S. Department of Commerce found that overseas staple producers were routing their products through Vietnam and Thailand to skirt triple-digit antidumping and countervailing tariffs on Chinese staples.

  • January 29, 2024

    Fed. Circ. Told Duty Expansion Was Based On Wrong Sources

    An automotive supplier pressed the Federal Circuit to free its heat-treated aluminum imports from tariffs targeting Chinese aluminum, arguing that the U.S. Department of Commerce incorrectly relied on a nonpublic source to pull its imports under the duties' umbrella.

  • January 29, 2024

    V&E Atty Joins Debevoise As National Security Co-Leader

    Debevoise & Plimpton LLP has hired an attorney with over 30 years of experience working in government and private practice to co-lead the firm's national security practice in Washington, D.C., according to a Monday announcement.

  • January 26, 2024

    EU Investment Plans Play To US Nat'l Security Concerns

    Three new measures adopted by the European Commission stand to close alternate pathways to advanced technology and funding that have plagued U.S. efforts to thwart adversaries like China and Russia.

  • January 26, 2024

    Bills Aim To Halt Cash To Chinese Cos. Over Genetic Data

    Lawmakers on Capitol Hill have introduced legislation to block Chinese biotech companies from receiving federal funding if they have ties to the Chinese Communist Party, saying the goal is to prevent such companies and the party from stealing America's genetic data.

  • January 26, 2024

    Refrigerant Importers Get Chilly Reception In 11th Circ.

    The Eleventh Circuit appeared skeptical on Friday morning of arguments that several refrigerant importers had not waived their right to arbitrate claims that they fraudulently transferred assets to avoid paying damages awarded in a previous lawsuit to Chinese exporter T.T. International Co. Ltd.

  • January 26, 2024

    Biden Stokes LNG Uncertainty With Export Review Pause

    The Biden administration's pause of its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S. will delay several projects and have potential customers question whether their supply agreements can ultimately be honored.

  • January 26, 2024

    Trade Judge Keeps Case Challenging CBP Duty Mistakes Alive

    The U.S. Court of International Trade has wiped the liquidated status off batches of Canadian lumber, rejecting U.S. Customs and Border Protection's contention that an exporter's failure to protest CBP's admitted mistake of erroneously deeming them liquidated had foreclosed the exporter's lawsuit.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

Expert Analysis

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • What New DHS Cybersecurity Policy Means For Bid Protests

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    The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.

  • Mitigating Antitrust Risk Amid Increased Dealmaking Scrutiny

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    While deals continue to get done despite 60% of significant merger investigations in the U.S. last year concluding with a complaint or abandoned transaction, private equity firms should identify and assess potential antitrust risks and develop strategies to mitigate them early in the deal process, say attorneys at Dechert.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • 1 Year In, Money Laundering Law Tweak May Have Big Impact

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    Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.

  • How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing

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    The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • A Comparison Of Patent Dispute Resolution In US And China

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    As the U.S. and China are the two most significant arenas for patent disputes, multinational corporations must be able to navigate their patent dispute systems, which differ in speed, cost and potential damage awards, say attorneys at Covington.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Key Takeaways From DOJ's Recent FARA Advisory Opinions

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    The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.

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