News & Analysis as of

Foreign Commerce

Boletín Mensual de Comercio Internacional - Agosto - Información con énfasis en la Regulación Comercial y de Arbitraje...

by Holland & Knight LLP on

Durante el mes de agosto destacan los siguientes temas: Comercio, Acceso, Prácticas desleales, Propiedad Intelectual, MIPyMEs y Arbitraje de Inversión....more

Defend Trade Secrets Act Nears Year One: What Employers, Trade Secret Owners Need to Know

by Holland & Knight LLP on

An employer or trade secret owner can now assert a federal private cause of action for misappropriation of trade secrets under the Defend Trade Secrets Act (DTSA), 18 U.S.C. §1836(b), if “the trade secret is related to a...more

Ninth Circuit Rules Trader Joe’s May Pursue Infringement Claim Against Infringing Activity in Canada

The Ninth Circuit recently became the latest appeals court to address the extraterritorial reach of the Lanham Act, holding that a U.S. trademark holder can pursue a Lanham Act claim in the U.S. against infringing activity...more

Florida Supreme Court: Origin Sourcing for Sales Tax is Constitutional

by Reed Smith on

The Florida Supreme Court upheld the imposition of a sales tax obligation on an in-state florist for all of its worldwide sales regardless of delivery destination. This “origin sourcing” method of determining transactions...more

Federal Circuit Rejects International Exhaustion in Lexmark, Distinguishes Scotus' Copyright Ruling in Kirtsaeng

The en banc Federal Circuit has issued a highly anticipated decision in Lexmark Intern., Inc. v. Impression Products, Inc., No. 2014-1617, slip op. (Fed. Cir. Feb. 12, 2016) (en banc). The patent friendly decision reaffirms...more

Straight Outta Delaware: JLI Invest S.A. et al. v. Cook et al.

by McDermott Will & Emery on

As soon as we start to think that Delaware’s unclaimed property practices and administration couldn’t possibly get any more egregious, another lawsuit like JLI Invest S.A. et al. v. Cook et al., Case No. 11274 surfaces. The...more

Digital Currency to the Rescue: Bitcoins as Solution to Greek Capital Controls

by Goodwin on

This week Cubits.gr and BTCGreece began a partnership aimed at providing a solution to Greek capital controls. Part of that solution entails supporting voucher payments backed by bitcoin and installing one thousand Bitcoin...more

New York is Almost Open for Flying: A Sales and Use Tax Update

by Hodgson Russ LLP on

Piggy-backing on my colleague Drew’s sales tax update last week on new use tax rules for yachts already in effect, I’m writing with another timely update on New York’s soon-to-be-effective sales and use exemption rules for...more

When Theft is not a Federal or State Crime

In the most recent ruling in a lengthy and procedurally complex criminal case, a New York trial court dismissed a computer programmer’s criminal conviction under New York’s Unlawful Use of Secret Scientific Material law for...more

Shanghai Government Relaxes Company Domicile Requirements

by Blank Rome LLP on

Action Item: The recently implemented Administrative Measures show the Shanghai government’s intention to relax and simplify the requirements for company domicile registration. However, the precise scope of the Administrative...more

Another Aleynikov Trade Secrets Case Ends with Narrower Statute

In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more

The FIFA Indictments and Travel Act Prosecutions under the FCPA

by Thomas Fox on

While the indictments last week against 14 individuals who were members or associated with Fédération Internationale de Football Association (FIFA) did not include any alleged violations of the Foreign Corrupt Practices Act...more

The Prospect of a Federal Trade Secret Claim

by Smith Anderson on

Trade secrets constitute the only category of intellectual property that is governed primarily by state law. This status may soon change—two bills, House Bill 5233 and Senate Bill 2267 were introduced in Congress last term to...more

Eleventh Circuit Affirms District Court’s Decision Allowing Discovery For Use In Foreign Proceeding

by Carlton Fields on

The Eleventh Circuit affirmed a decision permitting discovery for use in foreign proceedings which were contemplated but not yet pending. In this case, which arose from a billing dispute between Consorcio Ecuatoriano de...more

New Federal Trade Secret Protections on the Horizon?

by Foley & Lardner LLP on

Conspicuously absent in the quiver of arrows available to a business looking to take action against someone who has misappropriated or is threatening to misappropriate its trade secrets is a federal cause of action for...more

Will Trade Secrets Finally Get Federal Civil Protection?

On April 29, 2014, Senators Christopher Coons (D-Del.) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the Defend Trade Secrets Act (S. 2267), a proposed amendment to the Economic...more

Motorola Mobility LLC v. AU Optronics Corp.: Seventh Circuit Clarifies Reach of U.S. Antitrust Law to Foreign Commerce

by Morrison & Foerster LLP on

A recent decision from the Seventh Circuit, Motorola v. AU Optronics Corp., provided much-needed clarification on the scope of the Foreign Trade Antitrust Improvements Act (“FTAIA”). Specifically, the court’s decision...more

Do I Need To Comply With E.U. Privacy Laws?

by Gray Reed & McGraw on

I have not posted in some time because I enjoyed some traveling with the family in Hungary. ...more

Supreme Court Declines to Decide Whether the “First Sale Doctrine” Should Apply to Patent Law

by Wilson Elser on

On March 25, 2013, the U.S. Supreme Court denied the petition for certiorari filed by Ninestar Technology Co. in a case decided by the Federal Circuit Court of Appeals last year captioned Ninestar Tech. Co. v. ITC (Supreme...more

Engineers Convicted For Theft Of Trade Secrets

by Burr & Forman on

Two engineers were recently convicted under federal law for stealing trade secrets from Goodyear. (United States v. Howley and Roberts, 2013 WL 399345 (Feb. 4, 2013 6th Cir.).) Charles Roberts and Sean Howley worked as...more

President Obama Signs into Law the Theft of Trade Secrets Clarification Act

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act. The Act amends the Economic Espionage Act of 1996 (EEA) and expands the jurisdiction of federal courts over cases concerning...more

"Recent Amendment to the Economic Espionage Act Extends Protection Against Misappropriation"

On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012. The Act clarifies the scope of Section 1832 of the Economic Espionage Act and attempts to reverse the Second Circuit’s recent...more

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