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International Trade
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April 30, 2025
Tariffs, FCPA Enforcement Pause Heighten Bribery Risk
President Donald Trump's decision to ratchet up tariffs and lower the guard on antibribery enforcement creates heightened risks for multinational companies, as employees potentially face pressure to avoid costly tariffs while conceiving there are fewer risks in going around the law to do so.
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April 30, 2025
Feds Say Trump Has Broad Nat'l Emergency Tariff Powers
The Trump administration is urging the U.S. Court of International Trade to nix a lawsuit challenging President Donald Trump's power to impose his sweeping global tariffs, saying the plain text, history and purpose of an emergency law Trump invoked supported his authority.
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April 30, 2025
FCC Could Ban Foreign Adversaries' Testing Labs
The Federal Communications Commission plans to vote in May on whether to ban U.S. operations of telecom equipment test labs owned by foreign adversaries.
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April 30, 2025
Senate Rejects Bill To End Trump's Nat'l Emergency On Tariffs
The U.S. Senate narrowly rejected a bipartisan bill Wednesday that sought to end the national emergency declared by President Donald Trump to underpin his global tariff regime, with two senators absent for the vote, and with U.S. House consideration delayed until October.
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April 30, 2025
Cos. Must Plan For China-Taiwan Risks, Ex-Trump Official Says
A former U.S. Treasury Department official warned Wednesday that U.S. firms should take a serious look at their business exposure to China and develop contingency plans in the event the country invades Taiwan, saying an escalation in the conflict between the U.S. and China would have devastating effects globally.
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April 30, 2025
Space Org. Avoids Charges After Helping In China Export Case
The U.S. Department of Justice announced Wednesday it won't prosecute a NASA contractor research firm whose former employee was sentenced to prison for smuggling aeronautics software to a sanctioned Chinese university, lauding the organization's "exceptional and proactive cooperation" and timely and voluntary self-disclosures of the ex-employee's conduct.
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April 30, 2025
US Economy Shrank 0.3% In First Quarter As Imports Surged
U.S. gross domestic product fell at an annual rate of 0.3% in the first quarter of 2025 as importers stockpiled goods in advance of President Donald Trump's global tariff regime, the U.S. Department of Commerce announced Tuesday.
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April 30, 2025
Feds Barred From Reviving 'Unlawful' Tornado Cash Sanctions
A Texas federal judge has permanently barred the U.S. Department of the Treasury from enforcing its now-dissolved sanctions on crypto mixer Tornado Cash after the advocates who challenged the designation argued the government's removal of the sanctions wasn't enough.
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April 30, 2025
EU Busts $10M VAT Fraud Ring Involving Chinese Imports
The European Anti-Fraud Office and Polish authorities uncovered a value-added tax fraud ring that exploited European Union rules to dodge over 38.2 million Polish zloty ($10.1 million) in value-added taxes on goods imported from China, they said Wednesday.
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April 30, 2025
Kirkland, Latham Lead Chinese Online Insurer's $30M US IPO
Shares of Chinese online insurance distributor Yuanbao Inc. rallied in debut trading Wednesday after it priced a $30 million initial public offering at the top of its range, represented by Kirkland & Ellis LLP and underwriters' counsel Latham & Watkins LLP, as more companies test a shaky U.S. IPO market.
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April 29, 2025
Duke Energy Rival Tells Justices Not To Review Monopoly Suit
Independent power producer NTE Energy is urging the U.S. Supreme Court not to review a decision that revived its monopoly suit against Duke Energy, saying the North Carolina-based company is asking the justices to issue an advisory opinion answering a hypothetical question.
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April 29, 2025
Mercedes-Benz Wins Remand From Top PTAB Judges
A panel of the top judges at the patent board has agreed that Mercedes-Benz deserves another chance to invalidate a processor patent issued over a decade ago to engineers at Intel Corp. and later assigned to a company that's asserting it against the automaker and others.
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April 29, 2025
Bessent Says EU Must Kill Digital Taxes For US Trade Deal
The U.S. government wants European countries to repeal digital service taxes before the European Union moves forward with trade negotiations, U.S. Treasury Secretary Scott Bessent said Tuesday.
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April 29, 2025
South Korea Asks IMF To Aid Global Response To US Tariffs
As President Donald Trump continues to deploy tariffs, South Korea's deputy prime minister said that the International Monetary Fund should lean into its role as a "trusted policy adviser" to help address worldwide trade tensions and overall uncertainty.
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April 29, 2025
Dominican Republic Not Immune In Postal Suit, 11th Circ. Told
A Florida company suing the Dominican Republic over allegations it failed to pay $10 million after breaching a contract to modernize its postal service told an Eleventh Circuit panel Tuesday the country isn't exempt from legal action, arguing the country can be held liable under exceptions to the Foreign Sovereign Immunities Act.
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April 29, 2025
Mexico Put On Latest USTR Priority IP Watch List
The Office of the U.S. Trade Representative on Tuesday issued its annual global intellectual property report that has placed close trading partner Mexico on its list of countries to keep the closest eye on.
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April 29, 2025
Sullivan M&A Chief Sees Opportunities Amid Tariff Turmoil
After a rocky start to 2025, the mergers and acquisitions landscape is grappling with economic volatility, shifting trade policies and a complex regulatory environment. But even in a "choppy" market, there are always deals to be made, says Melissa Sawyer, global head of Sullivan & Cromwell LLP's M&A group and co-head of its corporate governance practice.
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April 29, 2025
Automakers Get 15% Tariff Offset Under New Trump Order
President Donald Trump will sign an executive order Tuesday afternoon to provide automakers that produce and sell finished vehicles in the U.S. a 15% offset on future imported parts that face a 25% tariff for the next year.
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April 29, 2025
Caterpillar Says Dumping Probe Decisions 'Flawed And Unfair'
A Chinese arm of construction equipment giant Caterpillar argued in a London court Tuesday that it had been mistreated by the U.K. government over an anti-dumping probe, saying that it had been wrongly locked out of participating in the investigation.
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April 28, 2025
Court Urged To Reconsider Jurisdiction In Tribal Tariff Row
Blackfeet Nation members are asking a Montana federal judge to reconsider an order to transfer their challenge against President Donald Trump's tariffs on imports from Canada and abroad to the U.S. Court of International Trade, saying the decision is based on the constitutional question of the Indian commerce clause.
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April 28, 2025
ITC Affirms Optimum's Network Patent Case Is Over
The U.S. International Trade Commission has decided not to breathe any new life into Optimum Communications Services Inc.'s patent infringement case against several Chinese tech companies over network switching and routing patents, but it also cut part of an agency judge's findings on ownership of the patents.
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April 28, 2025
Tax Services Provider Andersen Files Confidential IPO Plans
Tax and legal services provider Andersen Group Inc. said Monday it confidentially filed for an initial public offering, marking a first step toward going public amid market volatility that has largely frozen IPOs in recent weeks.
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April 28, 2025
Board Game Co., 11 Others Say Trump Tariffs Unconstitutional
President Donald Trump's tariffs exceed the constitutional authority of the executive branch, argued 12 American companies, including a manufacturer of tabletop games that are printed in China, urging a federal court to halt them.
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April 28, 2025
China Doesn't Need US Grains, Seed Oils, State Planner Says
China doesn't need to import grains and seed oils from the U.S. because it can source them domestically or internationally, an official from the country's state planning commission said Monday about the most valuable category of U.S. exports to China.
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April 28, 2025
China Says No Tariff Negotiations Underway With US
China is not currently negotiating with the United States on tariffs, and President Xi Jinping has not spoken to President Donald Trump on the phone recently, a spokesperson for China's foreign ministry said Monday.
Expert Analysis
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Reading The Tea Leaves On Mexico, Canada And China Tariffs
It's still unclear whether the delay in the imposition of U.S. tariffs on Canadian and Mexican imports will result in negotiated resolutions or a full-on trade war, but the outcome may hinge on continuing negotiations and the Trump administration's possible plans for tariff revenues, say attorneys at Eversheds Sutherland.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Opinion
US Steel-Nippon Merger Should Not Have Been Blocked
The Biden administration's block of the U.S. Steel and Nippon Steel merger on national security grounds was unconstitutional overreach and needs to be overturned, with the harms remedied in federal court, says attorney Chuck Meyer.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Exploring China's 1st Administrative Merger Control Ruling
As the first judicial ruling in China's merger control regime, the Beijing Ƶ Court's recent upholding of Simcere's acquisition of Tobishi helps to clarify how the Chinese antitrust authority and court assess remedies, say attorneys at Tian Yuan Law Firm.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.