Judges at the U.S. Court of Appeals for the Federal Circuit during a July 11 oral argument probed the government and parties to an antidumping and countervailing duty scope case on its standard of review in the scope case. Judge Sharon Prost said at the outset that the court is "being very careful" in terms of what it says on standard of review issues in "light of all of the recent opinions and litigation concerning standard of review" in administrative law issues (Worldwide Door Components v. United States, Fed. Cir. # 23-1532).
Gerald Moody, former assistant chief for the Foreign Corrupt Practices Act Unit of DOJ's Fraud Section, has joined Akin as a partner in the white collar defense and government investigations practice, the firm announced. Moody worked at DOJ for over eight years, starting as a federal prosecutor in the FCPA unit in 2016 and serving as assistant chief beginning in January 2021.
The U.S. Court of Appeals for the Federal Circuit on July 9 unsealed a May 29 order compelling Judge Pauline Newman to show cause for why she shouldn't continue to be subject to a suspension from hearing new cases in light of her continued refusal to cooperate with her colleagues' investigation of her fitness to continue serving on the bench. The suspension is set to expire in September.
Nikolay Goltsev of Montreal and Brooklyn, New York, resident Salimdzhon Nasriddinov pleaded guilty July 9 to conspiracy to commit export control violations. The two men shipped electronic components to sanctioned Russian companies, some of which were then found in "seized Russian weapons platforms and signals intelligence equipment in Ukraine," according to DOJ.
No lawsuits were recently filed at the Court of International Trade.
The U.S. Court of Appeals for the Federal Circuit on July 9 granted a joint stipulation of dismissal from the U.S. and exporters led by Risen Energy Co. on the 2017 review of the countervailing duty order on solar cells from China. The government appealed the Court of International Trade decision siding with Risen on the agency's land benchmark calculation and use of adverse facts available pertaining to China's Export Buyer's Credit Program (see 2312200026). Gregory Menegaz, counsel for Risen, said that the U.S. sought the dismissal, suggesting it was due to the "bad facts" for the U.S. in the review (Risen Energy Co. v. U.S., CIT Consol. # 20-03912).
The Court of International Trade will hold oral argument July 12 at 10 a.m. EDT in customs broker Seko Customs Brokerage's case against CBP's suspension of the company from participation in the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism program. Judge Claire Kelly will hear argument on Seko's application for a temporary restraining order and motion for preliminary injunction (Seko Customs Brokerage v. U.S., CIT # 24-00097).
The Court of International Trade on July 10 kept the vast majority of the confidential record shielded from the public in Chinese printer cartridge exporter Ninestar Corp.'s suit against its placement on the Uyghur Forced Labor Prevention Act Entity List. Judge Gary Katzmann only ordered an eight-page stretch of the confidential record unsealed, given that it detailed the Forced Labor Enforcement Task Force's "standard operating procedures."
The U.S. District Court for the District of Columbia on July 9 dismissed the remaining claims U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman brought against three of her colleagues for their investigation into her fitness to continue serving on the bench (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
The following lawsuits were recently filed at the Court of International Trade: