International Trade

Expert Analysis

• Why ITC Must Adjudicate Redesign Patent Infringement

  

  The U.S. International Trade Commission's decision not to adjudicate allegedly patent-infringing redesigned products in the dispute between Wirtgen and Caterpillar conflicts with IP laws' aim to promote innovation and with the ITC's fundamental responsibility of providing certainty in international commerce, says Derek Dahlgren at Devlin Law Firm.

• Choosing A Branch Or Subsidiary For Overseas Expansion

  

  Samuel Pollack and Naoko Watanabe at Baker McKenzie examine the corporate and U.S. tax law considerations involved in deciding whether a branch or subsidiary is the most efficient way to expand operations overseas, now that recent Treasury regulations clarified the complicated international tax regime created by the Tax Cuts and Jobs Act.

• 3 Cybersecurity Questions To Ask Before A Remote Mediation

  

  Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

• A Uniform Mediation Act Primer As States Continue Adoption

  

  With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

• Should ITC Adopt Trade Secret Claims Statute Of Limitations?

  

  Despite the lack of an explicit statute of limitations in Section 337, there are reasons to argue that, as in district courts, one should apply to unduly delayed trade secret claims at the U.S. International Trade Commission, say Matt Rizzolo and Jolene Wang at Ropes & Gray.

• Safeguarding Privileged Communications In A Remote World

  

  With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

• How To Meet CFIUS Expectations On Chinese Investment

  

  Under President Joe Biden, U.S. government scrutiny of Chinese investment is likely to remain rigorous and have a significant impact on deal return on investment, so deal strategy should include a four-step proactive approach to the Committee on Foreign Investment in the United States review process, say Scott Boylan and Paul Stephen at StoneTurn.

• Recent Rulings Reinforce DOJ's Global White Collar Reach

  

  Recent federal court decisions allowing minimum nexus to serve as a basis for U.S. prosecution of white collar crimes occurring mainly abroad will facilitate the U.S. Department of Justice's aggressive pursuit of foreign parties when the government believes that American victims or other national interests are at stake, say Kara Brockmeyer and Douglas Zolkind at Debevoise.

• 4 Areas Of Cyberattack Vulnerability For Law Firms

  

  Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

• Parent Cos. Can Expect More Suits Over Foreign Subsidiaries

  

  Recent decisions by courts in the U.S., the U.K. and other countries demonstrate a growing trend toward holding corporate actors responsible for alleged misconduct of their overseas subsidiaries, so multinational companies should prepare for potential litigation by assessing corporate policies and contracts to mitigate liability, say Viren Mascarenhas and Nicolas Franco at King & Spalding.

• How To Help Your Witnesses Overcome Hindsight Bias

  

  Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

• NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

  

  While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

• When Gov't Contacts Lead To DC Long-Arm Jurisdiction

  

  Recent D.C. Circuit decisions highlight that anyone doing business with U.S. government, international or quasi-governmental agencies located in Washington should evaluate whether that relationship puts them within reach of the district's long-arm statute, say Brian Young and Mary Gately at DLA Piper.

• Series

  Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

  

  In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

• 6 CFIUS Considerations For De-SPAC Transactions

  

  As financial regulators increase scrutiny on special purpose acquisition companies, SPAC sponsors and their prospective targets need to be aware that the merger following the initial public offering — the de-SPAC — may be subject to the Committee on Foreign Investment in the United States' jurisdiction and may even trigger a mandatory filing, say attorneys at Kirkland.