Antitrust & Trade Regulation Elections & Politics

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Turning The Tide on “Trolls”

When a non-practicing entity (NPE) accused 16,000 small businesses of violating its patent by merely emailing scanned documents, the New York attorney general cracked down, forcing a settlement. Then the FTC threatened to sue...more

The Pivot To Asia And The Inevitable Failure Of The Trans-Pacific Partnershps

TPP negotiators have been through more than twenty negotiating rounds since 2010, meeting in ten different countries. We could spend a lot of time on the details. Businesses have lobbied their particular interests, trying to...more

Weight Loss Claims and Dr. Oz Gain Congressional Interest

We’ve all heard the statistics showing obesity rates rising in the U.S. year after year. Most of us are well aware of the billion dollar diet and weight-loss supplement industry to which millions turn with the hope of finding...more

China Update - June 2014

In This Issue: - Quote of the week - U.S.-China Relations - Chinese Embassy News - Trade -Excerpt from U.S.-China Relations: White House Statement on Terrorist Attack in China - On May 22,...more

Proposed Legislation Seeks to Limit Patent Trolls’ Access to ITC Investigations

On Thursday, May 29, 2014, U.S. Congressmen Blake Farenthold (R-TX) and Tony Cárdenas (D-CA) introduced legislation aimed at reducing the ability of patent trolls to initiate ITC investigations....more

Bad Times for Patent Trolls: What the Government Is Doing to Protect Small Businesses

Patent assertion entities—‘‘PAEs’’ or, if you are in a bad mood, ‘‘patent trolls’’—have been around in one form or another for decades. In the past few years, however, their ranks have grown. According to a U.S. Government...more

Update on Anti-Patent-Troll Laws

Yesterday draft “anti-patent-troll” legislation was put forward in Washington. This is part of a ground swell of opposition to illegitimate patent demand letters from so-called patent assertion entities (PAEs), or “patent...more

Antitrust-Related Recent Developments: Terrell McSweeny Confirmed as FTC Commissioner, Congress Holds Hearings and FTC/DOJ Policy...

On April 9, 2014, the U.S. Senate confirmed Terrell McSweeny to serve as FTC Commissioner. Commissioner McSweeny will join Commissioners Edith Ramirez and Julie Brill as the third Democratic member of the five-member Federal...more

Terrell McSweeny Confirmed as Fifth FTC Commissioner

10 months after President Obama nominated her, Terrell McSweeny has been confirmed as the fifth FTC commissioner. The vote was 95-1 for McSweeny with David Vitter, a Republican from Louisiana, voting against her nomination....more

"Democrats Gain Control of FTC With Terrell McSweeny Confirmation"

On April 9, 2014, the U.S. Senate confirmed the nomination of Terrell McSweeny to the Federal Trade Commission. Commissioner McSweeny’s appointment creates a Democratic majority on the five-member commission, sparking...more

Ukrainian Merger Control Update: Will the Recent Upheaval Cause Problems for Global Deals?

Parties required to file premerger notification in Ukraine should coordinate closely with authorities and plan additional time for the review process in light of recent political events. I anticipate that recent political...more

Proposed EU Legislation on Conflict Minerals Published

On 5 March, the European Commission (“the Commission”) published its long-awaited draft legislation on conflict minerals. The proposal for a regulation setting up a Union system for supply chain due diligence...more

China Update - March 10, 2014

In This Issue: U.S.-China Relations; China News; Trade; and Energy & Environment. Excerpt from U.S.-China Relations - First Lady Michelle Obama to Visit China From March 19 to March 26, First Lady...more

Senate Legislation Update -- The Commerce Committee Gets in the Act

Last Thursday, Sen. McCaskill, along with Sen. Rockefeller, introduced the "Transparency in Assertion of Patents Act" (S. 2049). Of course, several other bills are currently pending in the Senate that have been introduced by...more

The Download - February 2014

In this issue: - Heard on the Hill - Around the Agencies - White House Developments - Venable News - Excerpt from Heard on the Hill: Congress Holds Hearings on Preventing Data...more

White House Issues Cybersecurity Framework: “Phase I” Implementation Begins

On February 12, 2014, the White House unveiled its final Cybersecurity Framework 1.0 along with a new U.S. Department of Homeland Security (DHS) “Critical Infrastructure Cyber Community (C3) Voluntary Program.” This capped...more

Congressional Committees Review Data Breaches, Potential Federal Responses

This week, several congressional committees held hearings to review recent data security breaches and related consumer privacy issues, particularly those related to consumer financial data and payment systems. Generally, the...more

NIST Issues Cybersecurity Framework 1.0 While Congress Increases Attention on Data Security and Cyber Crime

On Feb. 12, 2014, the National Institute for Standards and Technologies (NIST) released its final Cybersecurity Framework, meeting the one year deadline and anniversary of President Obama’s Executive Order and a Presidential...more

US China Trade War – Default Dangers, Trans Pacific Partnership In Jeopardy, Trade, Customs Antitrust And Securities

There have been some major developments in litigation, including dangers of default judgments, trade, Solar Cells, Chinese Antidumping, patents, US/Chinese antitrust, and securities areas. January was a very important...more

Privacy & Cybersecurity Update - January 2014

In This Issue: - Ramifications of the Target Data Breach - California Federal Judge Winnows Down Massive Privacy Class Action - White House Launches “Big Data” Review - Senator Rockefeller Issues Data Broker...more

"Intellectual Property and Technology: Patent Issues to Watch in 2014"

With key provisions of the America Invents Act (AIA) taking effect and a host of controversial U.S. Supreme Court decisions, 2013 was another active year for intellectual property law. Big cases and big changes will continue...more

Restarting the Federal Data Privacy Law Engine

The recent data security breaches at Target, Niemen Marcus, and a few other retailers has been a catalyst to Congress restarting talks about a federal data privacy law. Currently, there are pending bills in both the House and...more

President Obama announces surveillance reforms: key points for businesses

In a speech that garnered worldwide attention, President Barack Obama has announced important reforms in the ways the US government will gather, store, use and retain signals-related information. These changes will quickly...more

Industry, Members of Congress Take Action on FTC Process

As the Federal Trade Commission (“FTC”) continues to flex its consumer protection muscles by bringing numerous administrative lawsuits, industry and members of Congress are questioning whether there is a level playing field...more

U.S. Senators Debate Toughening Cartel Penalties

On November 14, 2013, members of the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights heard arguments regarding the effectiveness of current cartel prosecution and...more

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