News & Analysis as of

Foreign Manufacturers

Foreign device manufacturers should anticipate greater chance of FDA inspection under new FDA leadership

by Hogan Lovells on

Under the Trump administration, foreign device manufacturers may see new compliance pressures and increased inspections by the FDA. In this video, Michael Heyl discusses this growing trend and shares insights on how foreign...more

Supreme Court Seeks Input of United States in International Price-Fixing Case - Request Could Signal Intent to Review Second...

by Holland & Knight LLP on

The U.S. Supreme Court on June 26, 2017, took the somewhat unusual step of inviting the Acting Solicitor General to express the views of the United States regarding Animal Science Products, Inc. v. Hebei Welcome...more

Protecting Your Manufacturing Innovations from Foreign Competition

by Ward and Smith, P.A. on

Commercial necessity often dictates that even though an innovation in the manufacturing process for a product occurs in the United States, the product may actually be made overseas and then sent to the United States for sale....more

Hoverboard Fire - A Tragedy that Should Not Have Happened

Tragedy recently struck a Harrisburg, Pennsylvania family when a fire caused by a recharging hoverboard consumed their home, killing a 3-year-old girl, injuring several others and almost bringing the structure to the ground....more

Advertising Litigation Report: Vol. 2, No. 2 - Lanham Act False Advertising

Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser’s Product, Scarcity of Challenger’s Product: Verisign, Inc. v. XYZ.COM LLC, 848 F.3d 292 (4th Cir. 2017)...more

Proposed Regulation in Texas on Name and Address Labeling for Malt Beverages

by McDermott Will & Emery on

Last week, the Texas Alcoholic Beverage Commission (“TABC”) circulated a draft amendment of Texas’ name and address labeling regulation for “malt beverages” (beer). ...more

A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally

by Wilson Elser on

In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process has finally reached the high court. This...more

VW Fallout Continues: Mobile Source Emissions Enforcement Likely to Continue Full Speed Ahead under Trump Administration

by Snell & Wilmer on

The headlines generated by the Volkswagen emissions scandal continue to amaze the environmental community and the general public, both here and abroad. The events are shocking in part because they involve a household name in...more

FTC/DOJ Release Proposed Update to International Enforcement Guidelines: 14 Important Questions

by Dechert LLP on

The two federal antitrust agencies, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) jointly issued a proposed update to the Agencies’ 1995 Antitrust Guidelines for...more

Key Considerations For Foreign Manufacturers That Wish To Sell Products In The United States

Last week, I had the privilege of speaking at the American Bar Association’s Business Law Section Annual Meeting in Boston.  The title of my presentation was:  “Key Considerations for Foreign Manufacturers That Wish to Sell...more

New Import Regulations Signal Increased Enforcement Against Duty Evasion

by Perkins Coie on

U.S. Customs and Border Protection (CBP) has issued new interim regulations to remedy and penalize evasion of antidumping and countervailing duties (AD/CVD) orders. The regulations, which became effective August 22, 2016,...more

Manufacturing Outlook - July 2015 - 2015 Q3

by DLA Piper on

Welcome to the 2015q3 Manufacturing Outlook report in partnership with DLA Piper. It has been an eventful summer in the world economy; while not quite four seasons in one day, we’ve seen the future of the eurozone on the...more

Applying for a Waiver From U.S. Manufacturing Requirements For Federally Funded Intellectual Property

by Mintz Levin on

Countless ideas and inventions are developed at U.S. universities every year, often with federal funding. Many of these important ideas could not be commercialized for the public’s benefit without the Bayh-Dole Act, which...more

Product Liability Update - July 2015

by Foley Hoag LLP on

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

The OIG Applauds FDA’s Progress in Inspections of Generic Drug Manufacturers but Recommends More to be Done

by Arnall Golden Gregory LLP on

The Department of Health and Human Services’ Office of Inspector General has recently recommended that the Food and Drug Administration continue to increase its pre-approval inspections of generic drug companies. The OIG...more

5 Myths About the State of American Manufacturing and What They Suggest for the Future

by Faegre Baker Daniels on

The demise of American manufacturing has been widely heralded. However, in a report on the state of manufacturing in America, economist Michael J. Hicks of the Center for Business and Economic Research at Ball State...more

In re Capacitors Antitrust Class Action Litigation Survives Motion to Dismiss

Direct and indirect capacitor purchasers who filed class action complaints against an alleged worldwide cartel of capacitor manufacturers have, for the most part, survived a motion to dismiss in the Northern District of...more

OIG Report: FDA Has Made Progress on Oversight/Inspections of Manufacturers of Generic Drugs

by Reed Smith on

Yesterday the OIG posted a report entitled “FDA Has Made Progress on Oversight and Inspections of Manufacturers of Generic Drugs” in response to a Congressional request expressing concerns about the safety and quality of...more

Foreign Manufacturers Fingered by Bill That Aimed To Ensure Safety of Imported Products

Dangerous drugs, defective drywall, toxic toys – the pile of problematic products imported from foreign manufacturers threatens the safety of the youngest to the oldest Americans. The reason consumers end up with tangibles in...more

Seventh Circuit Denies Rehearing in LCD Price-Fixing Suit by Motorola

by McDermott Will & Emery on

On January 12, the Seventh Circuit Court of Appeals refused Motorola Mobility LLC’s petition for a rehearing en banc of its price-fixing claims against foreign manufacturers of liquid crystal display (LCD) panels. Motorola...more

U.S.-Centered Negotiations for Product Made and Sold Outside United States Do Not Constitute Sale or Offer for Sale in United...

by McDermott Will & Emery on

Halo Elecs., Inc. v. Pulse Elecs., Inc. and Pulse Elecs. Corp. - In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. § 271(a), the U.S. Court of...more

Recent NJ Appellate Court Decision Indicative of Continuing Uncertainty Regarding Personal Jurisdiction Over Foreign Manufacturers...

The past few years have seen the United States Supreme Court issue a number of important decisions on the subject of personal jurisdiction. For example, the Court’s decisions in Daimler AG v. Bauman, 134 S. Ct. 746 (2014) and...more

Domestic OCTG Industry Largely Prevails In Trade Cases, But Some Foreign Producers Avoid Duties

by King & Spalding on

The domestic industry largely prevailed in trade cases against unfair imports of oil country tubular goods (OCTG) when the International Trade Commission (Commission) voted on its final determinations on August 22. The...more

Recent Cases Discuss U.S. Antitrust Issues in Global Supply Chains

by Foley & Lardner LLP on

Two recent court decisions examined the reach of U.S. antitrust laws to protect against injuries affecting global supply chains. The Foreign Trade Antitrust Improvement Act (FTAIA) limits the application of U.S. antitrust...more

Insurance recovery issues following Vietnam unrest

by Reed Smith on

Recent turmoil and violence at manufacturing parks throughout Vietnam over the last few weeks is impacting both local and global manufacturers and the complex supply chains currently utilised by MNCs could mean relatively...more

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