International Trade

  • July 12, 2024

    Litigation Funding 'Abuses' Targeted By Federal Lawmakers

    Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.

  • July 12, 2024

    Judge OKs Another Penalty Duty Over Chinese Loan Program

    The U.S. Department of Commerce justifiably penalized a Chinese aluminum importer over Beijing's refusal to disclose information on an export loan program, the U.S. Court of International Trade said, finding the importer hadn't filled the gap in the record.

  • July 12, 2024

    VW Supplier's Antitrust Suit Belongs In Germany, Not Texas

    A Texas federal judge has dismissed an antitrust lawsuit filed by an auto parts maker against Volkswagen after finding that the German judicial system rather than the U.S. district courts would be the best place for these claims to be litigated.

  • July 11, 2024

    Whispers, Curses As Menendez Trial Inches Toward Jury

    Federal corruption prosecutors wound down their bribery case against Sen. Robert Menendez Thursday with a mixture of dramatic into-the-mic whispering and reliance on the adjective "damn" as they argued that nothing in the tale would make sense without the alchemizing element of crime.

  • July 11, 2024

    Western Union Owes $8M For Soured Deal, Vendor Says

    A Taiwan-based manufacturer of point-of-sale devices launched a lawsuit against Western Union in Colorado federal court, accusing it of ordering about 25,000 POS terminals worth roughly $8 million and then backing out of the transaction and refusing to pay after the vendor had already started making the devices.

  • July 11, 2024

    Commerce Aims To Codify Duty Probe Practices For NMEs

    The U.S. Department of Commerce proposed regulations on Thursday to formalize practices developed since the 1990s to assess duties on imports from nonmarket economies, including denying lower tariff rates to businesses determined to be heavily controlled by their governments.

  • July 11, 2024

    Calif. Nabs $50M Deal With Oil Traders In Gas Price-Rigging Suit

    California secured a $50 million settlement with oil trading companies Vitol and SK Energy, resolving allegations that the companies schemed to artificially inflate gas prices in the Golden State after an Exxon Mobil Corp. refinery exploded in 2015, California's attorney general announced Wednesday.

  • July 11, 2024

    Trade Court Backs Nonevasion Finding For Aluminum Tariffs

    The U.S. Court of International Trade blessed U.S. Customs and Border Protection's remand determination that aluminum extrusion importers weren't evading tariffs, saying CBP explained it couldn't maintain its original evasion finding after reviewing data it had initially disregarded.

  • July 11, 2024

    Former EuroChem CEO Escapes EU Sanctions

    The European General Court has lifted sanctions on the former chief executive officer of Russian fertilizer manufacturer EuroChem, finding there is not enough evidence to show the businessman is still involved in sectors generating revenue for the Russian government.

  • July 11, 2024

    Feds Say Chinese, Turkish Importers Skirting Refrigerant Duty

    The U.S. Department of Commerce on Thursday found that refrigerants imported from China and Turkey are skirting an antidumping duty order on Chinese hydrofluorocarbon, exposing the imports to duties exceeding 200%.

  • July 11, 2024

    Patent Cases To Watch In The Second Half Of 2024

    A U.S. Supreme Court case over the reach of the judicially created double patenting doctrine and a dispute over which patents branded drugmakers can list in a federal database are among the cases attorneys will have their eyes on for the rest of the year.

  • July 11, 2024

    Biden Floats $2B To Drive US Auto Industry's EV Pivot

    The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.

  • July 10, 2024

    Magnets Co. Must Face Export Control Violation Claims

    A magnetics manufacturer couldn't ditch criminal charges that it shipped sensitive defense-related schematics to Chinese companies without a federal license, after a Kentucky judge ruled that it bears the burden of showing the data qualified for exceptions under export regulations.

  • July 10, 2024

    Chiquita Says Ecuador Banana Co. Prez Must Be Jailed

    Chiquita Brands International asked a Florida federal court Wednesday to issue an arrest warrant for the president of an Ecuadorian banana exporter that has ignored court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.

  • July 10, 2024

    Judge Newman Faces More Hurdles In Bid To End Suspension

    With the dismissal of Federal Circuit Judge Pauline Newman's lawsuit against her colleagues over her suspension, experts say she faces significant challenges in securing a different outcome on appeal or persuading the court's other judges to let her hear cases again.

  • July 10, 2024

    ​GOP Bombards Agencies With Demands After Chevron's End

    Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.

  • July 10, 2024

    Vidal Directs PTAB To Review Nerf 'GelFire' Toy Gun Patents

    The director of the U.S. Patent and Trademark Office has overturned Patent Trial and Appeal Board decisions not to institute reviews of three patents covering Hasbro Inc.'s Nerf "GelFire" toy gun.

  • July 10, 2024

    Airgun Co. Drops Counterclaim Against Swedish Supplier

    An American airgun seller has dropped its counterclaim alleging in the North Carolina Business Court that its Swedish supplier sabotaged a business relationship as part of a deal to end a court battle between the two former partners.

  • July 10, 2024

    Engineer Who Faced Export Charges Cops To Tax Counts

    A Chinese-born engineer has pled guilty to two counts of filing a false tax return related to allegations that he and his wife omitted gross income from their tax returns between 2015 and 2019, after Texas federal prosecutors initially charged the couple with export violations and fraud. 

  • July 10, 2024

    CBP Clears Apple Watch Of Infringing Heart Monitor IP

    U.S. Customs and Border Protection has ruled that redesigned versions of the Apple Watch do not infringe AliveCor's electrocardiogram patents and can be imported, a decision that comes ahead of a consolidated hearing at the Federal Circuit over the same patents.

  • July 10, 2024

    Key Menendez Witness Faces Scrutiny As Closings Drag On

    Closing arguments in U.S. Sen. Robert Menendez's bribery trial are set to go into a fourth calendar day after jurors watched multiple sets of defense counsel Wednesday tear apart the testimony of a key cooperating witness.

  • July 10, 2024

    Curtis Mallet-Prevost To Open Law Office In Saudi Arabia

    Curtis Mallet-Prevost Colt & Mosle LLP has obtained a license to practice law in the Kingdom of Saudi Arabia, the firm announced this week.

  • July 10, 2024

    Prove Steel Is North American Or Pay Levy, White House Says

    Importers bringing steel and aluminum goods from Mexico must prove that the metals were forged in North America or face national security tariffs starting Wednesday, as part of the Biden administration's effort to counter Chinese goods rerouted through Mexico to avoid duties.

  • July 09, 2024

    Fla. Judge Won't Nix Antitrust Claims Against Alcon

    The Florida federal judge presiding over the multidistrict litigation alleging disposable contact lens sellers conspired to fix prices refused Tuesday to let Alcon escape antitrust claims by an online contact lens reseller and sent the suit back to New York.

  • July 09, 2024

    Terrorism Victims Push To Keep Pharma Suit In DC Circ.

    Terrorism victims warned the D.C. Circuit against sending to a lower court a lawsuit seeking to link pharmaceutical companies to the attacks that injured them, saying a remand could delay the case and frustrate their efforts to collect evidence.

Expert Analysis

  • Mitigating Risks Amid 10-Year Sanctions Enforcement Window

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    In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.

  • A Timeline Of Antisemitism Legislation And What It Means

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    What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Unpacking Pressures, Trends Affecting Global Supply Chains

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    A recent HSBC report reveals a number of trends and challenges for global supply chains in the current uncertain geopolitical landscape, and with constant emerging opportunities, companies that can stay informed, be proactive and adapt to change will be well positioned to succeed, says Michelle Craven-Faulkner at Shoosmiths.

  • Series

    After Chevron: Rethinking Agency Deference In IP Cases

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    The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

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