Public Policy

Expert Analysis

• Series

  Trade Wars: Anti-Dumping And Countervailing Duty Trends

  

  In the first article of this special series on the Trump administration's trade policies, attorneys from Covington & Burling LLP explore how a notable increase in U.S. anti-dumping and countervailing duty enforcement actions is creating significant compliance challenges for foreign companies and U.S. importers.

• Industry Takeaways From The Defense Industrial Base Report

  

  While the long-awaited interagency assessment of the U.S. manufacturing and defense industrial base does not incorporate detailed policy solutions, it does identify current actions and potential future efforts and recommendations. Attorneys with Covington & Burling LLP draw some initial conclusions.

• Opinion

  Only Congress Can Stop Courts' Patent-Eligibility Nonsense

  

  The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.

• 10 Key Points From New USCIS 'Notice To Appear' Policy

  

  U.S. Citizenship and Immigration Services recently hosted a live teleconference to inform the public about a new policy memo concerning documents that notify and require recipients to appear in court before an immigration judge. Lisa Pino of Mayer Brown LLP discusses important implementation details.

• What Financial Cos. Can Expect If Democrats Win House

  

  It is widely expected that Democrats will take control of the House in the midterm elections, and a Democratic House Financial Services Committee will likely launch a broad range of investigations, particularly relating to consumer-facing issues, say attorneys with Hogan Lovells.

• Opinion

  Blockchain Cos. Should Welcome Regulation — Here's Why

  

  A clearly delineated regulatory framework would go a long way in providing the certainty necessary for the digital asset economy to thrive, analogous to the stabilizing effect the formation of the U.S. Securities and Exchange Commission had on the stock market after the 1929 crash, says Anna Fridman of Spring Labs.

• State Tax Codes Can Help Mitigate Poverty

  

  There are several tools at the disposal of state policymakers — particularly within their state tax codes — to help alleviate some of the financial pressure families face when living at or near the poverty level, say Aidan Davis and Misha Hill of the Institute on Taxation and Economic Policy.

• CFIUS Pilot Program: Immediate Investment Implications

  

  The Committee on Foreign Investment in the United States has announced a pilot program to review noncontrolling foreign investments in certain U.S. industries that were formerly outside the scope of its jurisdiction. This is a rapid assertion of CFIUS' new powers under the Foreign Investment Risk Review Modernization Act, say attorneys with Ropes & Gray LLP.

• A Call For Relativity In Patent Remedies

  

  For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.

• Preap High Court Argument Focused On Immediacy Of 'When'

  

  Kevin Johnson, dean of UC Davis School of Law, discusses the U.S. Supreme Court oral argument in Nielson v. Preap, a case presenting the statutory question of whether an immigrant can be subject to mandatory detention by the federal government if significant time has elapsed after his release from state criminal custody.