DOJ is looking to apply its recently revamped corporate enforcement principles “across the entire Department,” including in cases involving the Committee on Foreign Investment in the U.S., Deputy Attorney General Lisa Monaco said during an event last week held by the Society of Corporate Compliance and Ethics. Monaco said companies “should expect more to come on this topic” as DOJ extends its policies “beyond the criminal context to other enforcement resolutions -- from breaches of affirmative civil case settlements to violations of CFIUS mitigation agreements or orders.”

A series of opinions from the Court of International Trade concerning whether the U.S. can file a counterclaim in classification cases do "not seem to change the fundamentals of classification litigation," customs lawyer Lawrence Friedman of Barnes Richardson said in a blog post. If the opinions are sustained on appeal, potential government claims seeking a different classification than the one initially used at liquidation by CBP may just be moved "from the counterclaim bucket to the defense bucket," the post said.

Low-carbon steel blanks imported from China are covered by the scope of an antidumping duty order on tapered roller bearings and parts thereof from China, the Commerce Department said in a Sept. 19 scope ruling.

The merger between law firms Allen & Overy and Shearman & Sterling will be completed by Oct. 13 following the voting process that is to begin on Sept. 28, the firms announced. Ahead of the vote, the firms said they successfully completed "a number of key transaction milestones," including financial and operational due diligence, antitrust clearance filings, and retirement and pension program modifications. Both are global law firms with varying practice areas, including international trade and financial sanctions.

Liquidation may not be final in cases where CBP is "acting at the behest of another agency," law firm Neville Peterson said in a Sept. 13 blog post commenting on the Court of International Trade's ruling in AM/NS Calvert v. U.S. In that decision, the trade court entries subject to Section 232 steel and aluminum duties may not be final, given that the case contests the applications of product-specific exclusions granted by the Commerce Department and not by CBP (see 2309070037).

The U.S. should push World Trade Organization members to "revisit what constitutes good and bad subsidies," which may help encourage transparency and improve "enforcement through incentives for compliance and penalties for noncompliance," the Council on Foreign Relations said in a new report.

Steel and aluminum importers should expect the Commerce Department's Bureau of Industry and Security to "conduct additional quantity certification reviews and more closely scrutinize the data points included in exclusion requests" following a Government Accountability Office report on the exclusion process, global firm Crowell & Moring said. The firm said importers could also face further scrutiny from CBP, who will be more closely examining Section 232 exclusion claims that are not properly filed.

Defendants in False Claims Act cases still have a valid defense in light of the U.S. Supreme Court's recent ruling in U.S. ex rel. Schutte v. SuperValu "if there is objective ambiguity" in the law and there exists a "genuine subjective belief in the validity of the claim," Akin Gump lawyer Robert Salcido said in a blog post. FCA defendants also have a valid defense if they "acted with mere negligence or inadvertence," Salcido added, explaining the plaintiff must show that the defendant acted with a "substantial and unjustifiable risk."

The U.S. and Mexico have been consulting about U.S. complaints about favoritism to Mexican energy providers for 11 months, with no public movement toward a dispute settlement panel, and Karen Antebi, a former NAFTA negotiator, said she doesn't expect that to change in the next year.

The chairmen of the House Small Business Committee and the House Select Committee on China are asking for a detailed briefing by the end of June on DOJ's efforts to combat Chinese intellectual property theft.