International Trade Administrative Agency

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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ITC Proposed Amendments to Section 337 Rules

As the costs of patent litigation continue to rise, and tribunals work to more efficiently adjudicate disputes, the United States International Trade Commission (“ITC”) appears to be listening to its constituents: on...more

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2015

EPA Extends Public Comment Period On Three Flame Retardant Clusters: On August 13, 2015, the U.S. Environmental Protection Agency (EPA) released for public comment three Toxic Substances Control Act (TSCA) Work Plan...more

ITC Has No Jurisdiction to Block Infringing “Electronic Transmissions”

On November 10, a panel of the Federal Circuit reversed a landmark ITC decision blocking the importation of digital information that infringes a patent. This decision has potential ramifications for a wide-range of companies...more

National security clampdown on foreign deals

Countries around the world have been increasingly focusing on national security reviews of foreign direct investments into their markets. The three countries where national security reviews can potentially have a...more

The Schrems Decision and Safe Harbor: Can you bring tools to the data? [Video]

In this Front-Line interview, which is the first of two parts, EDT CEO, Jo Sherman, shares her views as to how data protection and transfer have now changed with regards to the recent Schrems decision. Jo encourages...more

ICO upholds FCA FOI disclosure refusal

ICO has upheld the FCA decision to refuse to disclose certain information under the Freedom of Information Act 2000 (FOI) relating to countries FCA deems to present a high money laundering risk. FCA had been asked to disclose...more

Federal Circuit Limits International Trade Commission’s Reach Over Digital Transmissions

On Nov. 10, 2015, the Federal Circuit issued a fractured opinion holding that the ITC does not have jurisdiction over digital transmissions since they are not “articles” within the meaning of 19 U.S.C. § 1337. Please...more

Federal Circuit Rules Digital Data Transmitted Into The U.S. Is Not An “Article” Within ITC’s Juridiction (Clearcorrect,...

Today, a divided three-judge panel of the Federal Circuit (Prost, O’Malley concurring and Newman dissenting) ruled that the U.S. International Trade Commission’s (ITC) authority to provide remedies for unfair acts involving...more

"EU Lawmakers May Delay MiFID 2 Implementation"

Yesterday’s press reports indicate that European Union lawmakers are likely to delay MiFID 2 implementation. MiFID 2 is the name given to the EU laws which will reform EU securities and derivatives markets. Once implemented,...more

You Can Check Out Anytime You Want, But You Can Never Leave: FDA Import Detentions and Recommendations to Minimize Delays

In The Eagles’ song, “Hotel California,” Don Henley sings, “You can check out anytime you want, but you can never leave.” Life science companies can try to import all they want, but that doesn’t mean the products will make it...more

China’s Reform on Administration of Foreign Debts – What to Expect

On 14 September 2015, the PRC National Development and Reform Commission (“NDRC”) promulgated the Circular on Promoting Reform on the Administration of Filing and Registration of Foreign Debt Issued by Enterprises. The...more

European Commission adopts first two decisions in EU tax probe in push for corporate tax reform

On 21 October, the European Commission (“EC”) adopted its first decisions in its investigation into Member States’ tax rulings. The investigation, which began in June 2013, has also targeted tax rulings given to Apple and...more

The European Commission’s New Pandora’s Box – Reopening Final Tax Rulings as a Form of “State Aid”

In Short - The European Commission (Commission) has adopted a decision on 21 October 2015 on the tax rulings – also referred to as “comfort letters” – granted by Luxembourg to Fiat Finance and Trade (FFT) and by The...more

Analysis of Close Proximity Issues in Transactions Reviewed by CFIUS

A US business’ close proximity to facilities or areas considered sensitive by the US Government can raise concerns when the Committee on Foreign Investment in the United States (CFIUS) is evaluating the potential national...more

ITC Proposes New Rule Authorizing Multiple Investigations from One Complaint

On September 25, the USITC published in the Federal Register a notice of proposed rulemaking (“NOPR”) with respect to section 337 investigations. Under one of the proposed rules, the Commission would have explicit authority...more

ITC Section 337 Update – October 2015

ITC Proposes Extensive Changes To Rules For Adjudicating Section 337 Investigations – On September 24, 2015, the Commission published a Notice of Proposed Rulemaking in the Federal Register announcing proposed changes to its...more

No Distinction to be Made Between Foreign Commercial and Administrative Law Awards for Exequatur in France

France has had a dual jurisdictional system since the 19th century. On the one hand, the administrative courts have jurisdiction to hear most disputes which involve public entities and, on the other hand, the judicial courts...more

Consumer Rights Act 2015: Private Actions for Breaches of Competition Law – Overview of the New Regime

The entry into force of the Consumer Rights Act 2015 (“CRA15”) on 1 October 2015 sees the overhaul of the private enforcement regime in England & Wales. The CRA15, which amends both the Competition Act 1998 and the Enterprise...more

Federal Circuit Review | September 2015

Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

U.S. International Trade Commission Publishes Proposed Changes to Procedural Rules of Practice

The International Trade Commission proposed a series of new procedural rules, which were published in the Federal Register on September 24, 2015. This blog post provides a summary of the more notable proposed changes to the...more

BEA Releases New BE-180 Form and Related Guidance in Advance of Upcoming Deadline

The U.S. Department of Commerce, through the Bureau of Economic Analysis (the “BEA”), requires U.S. financial services providers (including investment advisers, funds and their general partners) that had certain financial...more

ITC Section 337 Update – September 2015

Judge MaryJoan McNamara Appointed New Administrative Law Judge at U.S. International Trade Commission – On August 17, 2015, the ITC issued a news release announcing that Judge MaryJoan McNamara has been appointed as an ALJ....more

U.S. State Department Targets Russian, Iranian Firms in Sanctions Move Against WMD and Missile Proliferation

The U.S. Department of State imposed sanctions on September 2, 2015, against 23 companies around the world for involvement in the transfer or purchase to or from Iran, North Korea or Syria of goods, services or technology...more

IFA Seeks OSHA Explanation of Applying a New Joint Employer Standard

The International Franchise Association (IFA) has filed a Freedom of Information Act (FOIA) request with the Occupational Safety & Health Administration (OSHA) asking for the rationale behind questions that its inspectors are...more

Is a Hungarian trust a clone of the Anglo-American trust, or just a type of contract?: Parsing the asset-management provisions of...

On March 15, 2014, the Hungarian Parliament enacted into law the New Hungarian Civil Code (NHCC). The NHCC creates out of whole cloth a civil law fiduciary asset-management vehicle (FAM) that in form and function bears some...more

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