International Trade

  • January 16, 2024

    Apple Rips ITC, Masimo In Bid To Keep Original Watch On Sale

    Apple urged the Federal Circuit on Monday to let it keep selling Apple Watches with a blood oxygen monitor found by the U.S. International Trade Commission to infringe Masimo's patents, saying arguments for an import ban by the ITC and Masimo are "procedurally improper" and "fundamentally unfair."

  • January 16, 2024

    VW Supplier Tells District Court Antitrust Claims In Right Place

    Auto parts company Prevent USA urged a Texas federal court to reject a renewed bid from Volkswagen to toss claims that the automaker illegally maintains a stranglehold over its suppliers, saying evidence produced so far shows the dispute should be litigated in the United States and not in Germany.

  • January 16, 2024

    Produce Co. Asks Why Bankruptcy Doesn't Bar $1.3M Suit

    The U.S. arm of a Canadian vegetable wholesaler has asked a Michigan federal judge to explain his ruling that the business must face a lawsuit from three distributors over its objections that a bankruptcy proceeding in Canada should block their U.S. complaint.

  • January 16, 2024

    Sen. Menendez, Wife Ask For Own Trials In Bribery Case

    U.S. Sen. Robert Menendez, D-N.J., and his wife, Nadine, are requesting that the U.S. District Court for the Southern District of New York sever their trials in their federal foreign bribery case to avoid a "Catch-22" in deciding whether each should testify against the other.

  • January 16, 2024

    Nike Can Run With New Expert In Fake Shoe Importer Suit

    A New Jersey federal judge has given Nike the go-ahead to substitute an expert witness in a suit against a transportation intermediary known as City Ocean in the athletic apparel company's 12-year-old suit over the import of allegedly counterfeit sneakers.

  • January 15, 2024

    Apple Cleared To Avoid Import Ban With Redesigned Watch

    U.S. Customs and Border Protection has found that redesigned versions of the Apple Watch without a blood oxygen monitor are not subject to an import ban in a patent dispute with Masimo, according to a Monday court filing by Masimo.

  • January 12, 2024

    Canada, Pharma Opposition Loom Over Fla. Drug Imports

    Florida's greenlight to import Canadian prescription drugs may spell legal trouble for the U.S. Food and Drug Administration as Ottawa prepares to counter anticipated supply and pricing issues and the U.S. pharmaceutical industry promises new legal action.

  • January 12, 2024

    Wash. Judge Doubts Water Permit Is 'Contract' With Industry

    A Washington Court of Appeals judge expressed skepticism on Friday at a Washington port alliance's argument that a state-issued stormwater permit should be interpreted more like a contract than a regulation, signaling an environmental group's legal fight for a broader reading of the terms may have some buoyancy in the court.

  • January 12, 2024

    Importers Ask Fed. Circ. To Rethink Expanded Solar Tariffs

    Solar importers urged the Federal Circuit to reconsider its blessing of the White House's expansion of solar safeguard tariffs, arguing Friday that the circuit court "abdicated" its judicial responsibilities by deferring to the president's interpretation of trade law.

  • January 12, 2024

    Apple Loses 2 Masimo Patent Challenges At Fed. Circ.

    The Federal Circuit on Friday affirmed another pair of administrative patent board rulings involving Apple and medical technology developer Masimo, this time handing losses to the tech giant over its challenges to Masimo patents involved in a California district court case following an earlier set of wins.

  • January 12, 2024

    PTAB Invalidates 5 Bissell Patents In Win For SharkNinja

    The Patent Trial and Appeal Board has tossed a variety of claims across five Bissell vacuum cleaner patents, handing a win to patent challenger SharkNinja on its argument that the claims were either obvious or anticipated.

  • January 12, 2024

    ITC Probes Lenovo Over Ericsson's Infringement Claims

    The U.S. International Trade Commission will investigate claims from Swedish telecommunications company Ericsson that Lenovo and its subsidiaries infringed the Nordic company's patents for high-efficiency video coding technology in its laptop computers.

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 12, 2024

    High Court Eyes Chevron Deference: What You Need To Know

    Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.

  • January 12, 2024

    Brodies Guides On War Risk Insurance For Ukrainian Exports

    Scottish law firm Brodies LLP has said it has advised Ukraine's Export Credit Agency on a novel war risk insurance process, providing cover to shipowners and vessel charterers and allowing the country to ship goods across the Black Sea as the war with Russia continues.

  • January 11, 2024

    CBP Says Forced Labor Profits Possible On Barred Imports

    U.S. House lawmakers expressed concern on Thursday that blocking the imports of goods that use the forced labor of Uyghurs in China does not bar importers from re-exporting these items and continuing to profit off them.

  • January 11, 2024

    Stephenson Harwood Adds 2 Partners In Hong Kong Office

    Stephenson Harwood has added two new partners to the law firm's Hong Kong office, saying it has strengthened its greater China commercial litigation practice as well as its Asia-Pacific mergers and acquisitions practice with the addition of the two lawyers.

  • January 11, 2024

    House Rejects Biden's 'Buy America' Waiver For EVs

    The U.S. House of Representatives has rejected President Joe Biden's temporary waiver of "Buy America" rules for electric vehicle chargers, passing a resolution on Thursday that the White House has vowed to veto.

  • January 11, 2024

    Key Dem Senator Chides Biden On Trade Nominee

    Hours after President Joe Biden announced his new nominee for deputy U.S. trade representative, Sen. Ron Wyden, D-Ore., who leads the committee charged with vetting the prospective trade official, released a statement expressing his dismay.

  • January 11, 2024

    Fed. Circ. Asked To Resume Ban On Apple Watch Imports

    The U.S. International Trade Commission and California medical tech company Masimo have panned Apple's efforts to delay a ban on imports of some of its much-litigated lines of Apple Watches, with the agency saying Apple's "weak and unconvincing" arguments are mere requests for "permission to continue infringing."

  • January 11, 2024

    Feds Say Indian Brass Rod Imports Harmed Domestic Sales

    The U.S. International Trade Commission ruled that subsidized Indian brass rods are harming domestic producers, offering the final green light for officials to impose countervailing duties on the product.

  • January 10, 2024

    SAP To Pay $220M And Enter DPA To End Feds' FCPA Probes

    SAP SE on Wednesday agreed to pay more than $220 million to settle investigations by the U.S. Department of Justice and the U.S. Securities and Exchange Commission into allegations the Germany-based software company paid bribes to government officials in South Africa and Indonesia.

  • January 10, 2024

    Gov't Says Court Shouldn't Lift Claim On Ex-Rep's Houses

    The U.S. government on Wednesday urged a Florida federal judge to reject a magistrate judge's decision lifting its claims to several properties subject to an indictment involving an ex-Florida congressman accused of money laundering and working for Venezuela, saying he'd have to show they're needed to pay for his defense counsel.

  • January 10, 2024

    Menendez Skewers 'Outrageously False' Bribery Case

    U.S. Sen. Robert Menendez, D-N.J., blasted federal prosecutors' bribery case against him Wednesday, arguing the case should be tossed because the alleged illegal conduct he engaged in is immune from prosecution.

  • January 10, 2024

    Ex-FBI Field Boss Asks Judge Not To Extend 4-Year Sentence

    A former FBI field office boss who pled guilty to failing to disclose payments he received from a former Albanian intelligence officer said a Washington, D.C., federal judge should not add prison time on top of his more than four-year sentence in a separate case charging him with assisting a Russian oligarch.

Expert Analysis

  • Opinion

    Forging A Fair Path For Standard-Essential Patents In India

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    The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.

  • Considerations And Calculations For DOJ Clawback Program

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    The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.

  • What Case Trends Reveal About Life Sciences Results At ITC

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    A look at recent U.S. International Trade Commission case data shows that pharmaceuticals, medical devices and other life sciences products constitute a growing share of the technologies involved in Section 337 investigations, with overwhelmingly positive results for companies seeking to protect their IP rights from foreign competitors, say Brian Busey and Daniel Muino at MoFo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • A Case For The Green Investment Regime Under The ECT

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    The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • UK Mozambique Ruling Will Have Int'l Ramifications

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    The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • What The Export Controls Code Means For Emerging Tech

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    The U.S. recently hosted the inaugural plenary meeting on the Export Controls and Human Rights Initiative Code of Conduct, which foreshadowed that the code may have a considerable impact on future exports of new and emerging technologies, say Melissa Burgess and Burt Braverman at Davis Wright.

  • Tech M&A Due Diligence Checklist: Sector-Specific Concerns

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    In an increasingly dynamic technology merger and acquisition landscape, there are seven high-impact diligence concerns that must be addressed early and with precision, say attorneys at Gibson Dunn.

  • 5 DOJ Enforcement Priorities To Note From Recent Remarks

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    Principal Associate Deputy Attorney General Marshall Miller’s recent speech provided a glimpse into the U.S. Department of Justice’s corporate criminal enforcement priorities — from national security concerns to mergers and acquisitions — with takeaways for companies’ compliance programs, say Joseph Jay and Jennifer Le at Sheppard Mullin.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

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