On March 25, 2024, the Department of Commerce (“Department”) published its final regulation for evaluating particular market situation (“PMS”) allegations in the context of antidumping duty (“AD”) proceedings.1 The bulk of these new rules cover the application and analysis
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The AfCFTA’s Investment Protocol: the bell tolls for first-generation intra-African BITs and their more conventional investor protections
Introduction
In February 2023, the Member States of the African Union (the “AU”) adopted the Protocol on Investment (the “Protocol” – the January 2023 version is publicly available here) to the Agreement Establishing the African Continental Free Trade Area…
Updated Local Rules Go Into Effect Today
Amendments to the SDNY local rules are effective as of today. The changes can be seen in redline here. The following are a few of the more notable changes:…
Judge Engelmayer: Summary Judgment Is Not Appropriate Where “Uncontradicted” Testimonial Evidence Could Still Be Disbelieved By Jury
In an opinion last week, Judge Engelmayer denied defendant’s motion for summary judgment regarding the “unorthodox transaction” exception to Section 16(b) of the Securities Exchange Act. Previously, the Second Circuit had vacated and remanded Judge Engelmayer’s earlier decision, which…
Magistrate Judge Cave: Eleventh Amendment Sovereign Immunity Bars Enforcement of Document Subpoena to NY Attorney General’s Office
Last week, Magistrate Judge Cave ruled that the New York Attorney General’s Office (“OAG”) was protected from having to comply with a document subpoena under Eleventh Amendment sovereign immunity. The subpoena was issued by former Governor Cuomo, in connection with…
US Government Imposes New Sanctions and Novel Export Controls Targeting Russian Financial Markets and Circumvention Networks
On June 12, 2024, the US government announced a broad package of measures aimed at increasing the extent of economic pressure on Russia and curtailing Russian circumvention of US sanctions and export controls. The measures are a joint effort by…
The Curious Revival of Robinson-Patman
With inflation and high consumer prices sure to be major issues in this year’s U.S. Presidential election, recent public statements by FTC Chair Lina Khan and Democratic Commissioner Alvaro Bedoya[1] reveal a curious enthusiasm for reviving enforcement of the…
FinCEN Proposes Expansion of CIP Requirements to Investment Advisers
On May 21, 2024, the Securities and Exchange Commission (SEC) and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) jointly published a notice of proposed rulemaking (NPRM) that would require investment advisers registered under the Investment Advisers…
Judge Broderick Rejects as Speculative Anonymous Plaintiff’s Claims that NYU Law Review’s Diversity Policies Unlawfully Discriminate
Last week, Judge Broderick granted NYU’s motion to dismiss a class action complaint brought by a “John Doe” alleging that NYU Law Review gives “preferential treatment to women, non-Asian racial minorities, homosexuals, and transgender people when selecting its members” due,…
CPUC Declines to Adopt Community Renewables Proposal and Also Declines to Address the Legality of Compensation to Community Renewable Resources at Prices Above PURPA Avoided Cost
By Jennifer Key
On May 30, 2024, the Public Utilities Commission of California (CPUC) voted 3-1 to adopt an alternative Proposed Decision issued by Administrative Law Judges Kelly A. Hyme regarding a community renewable (CR) net value billing tariff (NVBT) proposal, among other…