The U.S. International Trade Commission (ITC) has a strong jurisdiction that empowers it to block the importation of goods identified to have breached Intellectual Property (IP) rights or misappropriated trade secrets. The reach is so extensive that it can prohibit products developed through trade secret misappropriation, even in cases where the misappropriation was an extraterritorial…
Broadcom Inc.’s $61 billion merger with software maker VMware Inc. has taken a significant step forward in its progress, albeit with a caveat. In order for the merger to successfully obtain approval from Chinese regulators, a specific set of conditions must be met. Unfortunately, the details of these conditions have not been disclosed, leaving the…
Kim & Chang, South Korea’s most prominent law firm, has recently appointed Eric Yoon, the former Seoul head of U.S. law firm K&L Gates. Kim & Chang is one of the top 100 firms worldwide in terms of revenue, and Yoon will join the company’s financial regulation and compliance practice as a foreign attorney based…
The owner of several “Baby Shark” trademarks has secured a notable victory, with a default judgement against multiple Chinese companies. The latter group has been legally barred from either selling or producing any products that echo the marks, particularly after a federal judge declared them in default. A significant sum was involved in this legal…
The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) has announced an easing of certain sanctions on the oil and gas and gold sectors in Venezuela. This development, which took place on October 18, 2023, came in the wake of a political agreement known as the “Electoral Roadmap” that was reached between…
As we enter the festivity-filled end of the year season, it seems fitting to discuss unconventional but effective methods of communicating about international regulatory compliance. An interesting approach can be seen in the recent Thanksgiving-themed International Trade Update, where the interplay between legal regulations and art was cleverly used as an instructional device. Let’s look…
In an important update on the international trade, enforcement and compliance landscape, major changes are shaping the legal scope and implications for corporations undertaking global trade operations. As reported on JD Supra, part of the developments presently unfolding involve the role of whistleblowers in enforcing the US laws under the False Claims Act (FCA). For…
On November 13, 2023, a significant decision was issued by the US Court of Appeals for the Federal Circuit (CAFC). The court resolved the case of Solar Energy Indus. Ass’n v. United States, affirming the President’s rights to adjust or change trade policy measures currently in action. This judgment has a significant impact, particularly on…
In response to the intensifying crisis in Ukraine linked to Russian aggression, a global coalition comprising Australia, Canada, New Zealand, the United Kingdom, and the United States – referred to as the ‘Export Enforcement Five’ (E5) – issued direction with the aim of impairing Russia’s military capabilities. This took place on September 26, 2023. The…
October’s International Trade Commission (ITC) monthly wrap-up revealed several interesting developments in the global legal landscape. Paramount among these was the Commission’s decision regarding Certain LIDAR (Light Detection and Ranging) Systems and Components Thereof, identified as Inv. No. 337-TA-1363. In a noteworthy turn of events, the ITC opted to affirm the administrative law judge’s decision…
In a recently published analysis regarding the ongoing Russia-Ukraine conflict, it has been suggested that there is a growing focus on establishing a format for aggrieved parties to assert their economic claims against Russia, in the wake of the country’s invasion of Ukraine. This paper, produced by legal firm Paul Hastings LLP, carries a great…
In a captivating development in the world of international commerce and trade law, the case of United States v. Shih has emerged as a remarkable example of the intricacies entailed when dealing with export control laws. The case revolves around the convict Yi-Chi Shih, who has been indicted on multiple charges, including the violation of…
In early November 2023, a significant response was submitted to public comments directed at the joint call by United States Patent and Trademark Office (USPTO), the International Trade Administration (ITA), and the National Institute of Standards and Technology (NIST). These organisations had previously requested public opinions regarding standards-related issues. Responding to this call, substantial public…
Sullivan & Worcester’s partner Geoffrey Wynne has been instrumental in assisting the International Trade & Forfaiting Association (ITFA) with a significant update to its Digital Negotiable Instruments (DNI) Handbook, the law firm recently revealed in a statement. With an extensive knowledge base on trade and export finance matters, and a special focus on structured trade…
In the latest episode of Talking Ag Biotech, Keith Matthews was joined by Kimberly Reynolds of Wiley’s International Trade practice to discuss the establishment of a new dispute resolution panel. This panel is a recent development amidst the ongoing genetically engineered (GE) corn dispute between the United States and Mexico under the U.S.-Mexico-Canada Agreement (USMCA)….
Export controls are a critical aspect of international trade and they can lead to contentious legal disputes that often make headlines. They are especially important for corporations and law firms involved in international transactions. To illustrate the significance of these issues, let’s discuss 20 cases related to export controls. One of the most noteworthy of…
The world of patent law constantly witnesses shifts and transformations due to the iterative decisions and interpretations of the Supreme Court, the Federal Circuit, and the U.S. Patent and Trademark Office (PTO). To navigate this intricate labyrinth, practitioners need accurate, timely, and relevant guidance. Understanding these requirements, the Practising Law Institute (PLI) is organizing a…
In recent years, attention has converged on the disquieting issue of human rights violations focused on the Uyghur population in China’s Xinjiang region. International scrutiny has grown due to the severity and broad scale of the allegations. Particularly, this spotlight has illuminated the grave concerns around enforced labor practices. The U.S. legislative response to these…
As tensions continue to escalate in the South China Sea, a critical juncture for global trade, the world looks on with bated breath, particularly vested interests in the corporate and legal sectors. Taiwan, at the heart of this geopolitical maelstrom, is facing an increasingly probable threat of invasion from mainland China, a development with far-reaching…
In an era where international trade dynamics are rapidly shifting, the significance of employee education in compliance training has garnered increased attention. According to a recent publication by Braumiller Law Group, PLLC, such training is pivotal to fostering organizational growth and development in this context. While the benefits of employee education are broadly acknowledged, ensuring…
In their latest publication on November 10, 2023, the Federal Reserve Bank of New York distributed two noteworthy staff reports. The first, “The Optimal Supply of Central Bank Reserves under Uncertainty”, explores the risks and benefits surrounding the supply of reserves by central banking institutions. The second, “Trade Uncertainty and U.S. Bank Lending”, investigates the…
As we move towards the end of 2023, a central consideration for legal professionals in international trade concerns compliance. Navigating this complex arena is taking on an increasing significance, particularly given the ramifications it can hold not only for a firm’s legal health but its corporate image and bottom line. In an interesting development, many…
The United States Patent and Trademark Office (USPTO), The International Trade Administration (ITA), and National Institute of Standards and Technology (NIST) recently made a call for public comments. This request for public input has given rise to a wealth of dialogue from numerous industry professionals. One such response of note came on November 6, 2023,…
Recent developments have surfaced in the legal world, particularly concerning international trade, and more specifically, the export controls related to advanced computing, supercomputing, and artificial intelligence. These topics have taken up an ascendant tension over the past few months, and the Bureau of Industry and Security (BIS), on October 25, 2023, has established measures seeking…
The Office of Management and Budget (OMB) has issued a Final Rule via its Made in America Office to clarify the provisions of the Build America, Buy America Act (BABA). The provisions are part of the Infrastructure Investment and Jobs Act (IIJA), a significant legislative document addressing a spectrum of issues like domestic job creation…