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The Ninth Circuit Court of Appeals in Island Industries v. Sigma Corp., upheld a lower court jury determination that an importer of welded pipe fittings is liable for $8 million in unpaid antidumping duties under the False...more
On June 10, 2025, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) stayed the Court of International Trade’s (“CIT”) permanent injunction on the Trump Administration’s executive orders...more
On March 26, 2025, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Coke Morgan Stewart issued a memorandum that makes several significant...more
The First Circuit Court of Appeals has finally ended the Nantucket Residents Against Turbines' lawsuit against the United States Bureau of Ocean Energy Management, the National Oceanic and Atmospheric Administration, the...more
The Supreme Court of the United States has agreed to reconsider the Chevron doctrine, which instructs courts to defer to a federal agency’s reasonable interpretation of an ambiguous statute that US Congress delegated to the...more
On Friday, May 12, 2023, the U.S. Chamber of Commerce announced that it had filed a lawsuit against the SEC to prevent implementation of the SEC’s new Share Repurchase Disclosure Modernization rules, which KMK has recently...more
On July 8, the United States Court of Appeals for the District of Columbia upheld a lower court’s ruling dismissing a complaint from Federal Express Corporation (FedEx) and holding it liable for violating the Export Control...more
The Supreme Court closed out its current term this week, issuing decisions in two cases with important implications for public schools. In Kisor v. Wilkie, issued yesterday, a surprising majority of the Court (the liberal...more
Antidumping and countervailing duty orders address unfairly priced and subsidized imports that enter the United States. Each order contains a “scope” that identifies in part the “class or kind” or merchandise covered by...more
Let’s say you import widgets that potentially fall within the scope of an antidumping or countervailing duty order. You wonder in good faith whether the U.S. Department of Commerce (Commerce) may subject the imported widgets...more
Few international trade disputes make their way to the Supreme Court of the United States (SCOTUS). In the vast majority of these appeals, SCOTUS simply denies the petition for certiorari without comment. Indeed, SCOTUS last...more
On Tuesday, the 9th Circuit Court of Appeals affirmed the Commerce Department’s designation of critical habitat for the southern distinct population segment of green sturgeon, once again reminding us just how difficult it is...more