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Intellectual Property Report - November 2025

Patentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications or superficial changes to the patented invention. In such situations, the...more

AI Legal Watch: October 2025

On September 29, 2025, California Governor Gavin Newsom signed into law Senate Bill 53 (“SB 53”), which includes the Transparency in Frontier Artificial Intelligence Act (“TFAIA”). This new law makes California the first...more

U.S. Launches “American AI Exports Program”

On October 21, the U.S. Department of Commerce, through its International Trade Administration (ITA), formally announced the launch of the “American AI Exports Program.” This initiative stems directly from President Donald...more

From UN Warning to U.S. Enforcement: Tackling Illicit Trade in Green Energy Supply Chains

A recent report from the United Nations Office on Drugs and Crime (UNODC) reveals that the global supply chains for critical energy transition minerals (CETMs) – including copper, lithium, nickel, cobalt, graphite, and rare...more

“America First” for AI Chips: Senate Bill Seeks to Reshape Semiconductor Market

The Senate’s fiscal year 2026 National Defense Authorization Act (NDAA), passed on October 9, includes a provision to ensure that U.S. manufacturers have priority access to advanced semiconductors. Specifically, the...more

USTR Invites Comments on U.S.-Mexico-Canada Agreement

Last Wednesday, September 17, the Office of the U.S. Trade Representative (USTR) published in the Federal Register a notice inviting comment on the United States-Mexico-Canada Agreement (USMCA), the successor to the North...more

AI Legal Watch: September 23

The Trump administration’s first Unified Agenda – the semi-annual report outlining regulatory plans for federal agencies – provides the first detailed look at its artificial intelligence (AI) export control priorities,...more

Beyond the Fine: Fracht’s $1.6M Sanctions Lesson in Urgency

Intermediaries in global trade, such as freight forwarders and logistics providers, are linchpins of international commerce. They face the commercial pressure to act with speed and flexibility to meet urgent client demands...more

New U.S. Export Controls on Large UUVs to Impact Natural Resource and Subsea Infrastructure Operations

On August 27, 2025, the U.S. Department of State amended the International Traffic in Arms Regulations (ITAR) to classify certain large, autonomous Unmanned Underwater Vehicles (UUVs) as defense articles. This change will...more

AI Legal Watch: July 31

As reported, on July 23, 2025, the White House released "Winning the AI Race: America's AI Action Plan," a strategy designed to secure U.S. leadership in artificial intelligence. This plan, which includes over 90 federal...more

Trump Tariff Shake-Up: New Reciprocal Tariffs and the Elimination of the De Minimis Exemption

On July 31, 2025, President Donald Trump signed an executive order modifying the reciprocal tariff rates for certain countries that have goods trade deficits with the United States (the “Tariff Executive Order”). The Tariff...more

U.S. AI Chip Policy: A Post-Recission Forecast

The global trade of advanced Artificial Intelligence (AI) chips is currently undergoing significant transformation due to evolving U.S. export control policies and the corresponding responses from international partners. On...more

Beyond the Fine: What Financial Gatekeepers Must Learn from Interactive Brokers’ OFAC Settlement

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has significantly increased its focus on sanctions compliance for “financial gatekeepers,” including financial institutions and other firms...more

Navigating the CFIUS Fast Track Program

In May 2025, the Treasury Department, as chair of the Committee on Foreign Investment in the United States (CFIUS), announced a new “fast track process to facilitate greater investment in U.S. businesses from ally and partner...more

Post-Recission: Forecasting the Trajectory of the New U.S. AI Chip Policy

The global trade of AI chips is undergoing significant changes due to evolving U.S. export control policies and the reactions of key Southeast Asian nations. Since the announced recission of the Biden-era AI Diffusion Rule on...more

Beyond the Fine: Executive Lessons in Export Compliance from the AOS Settlement

The Bureau of Industry and Security (BIS) recently announced a $4.25 million settlement with Alpha and Omega Semiconductor Incorporated (AOS) for 15 violations of the Export Administration Regulations (EAR). This case isn’t...more

AI Legal Watch: June 13

The U.S. House of Representatives has passed, as part of a larger omnibus budget bill, a 10 year moratorium on regulation of AI by the states. If passed by the Senate, this provision would be one of the most significant...more

Intellectual Property Report June 2025

Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade...more

U.S. Government Issues Broad Sanctions Relief for Syria

On May 23, 2025, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued Syria General License 25 (“GL 25”), effectively lifting U.S. sanctions on Syria. This move follows President Trump’s announcement on...more

AI Legal Watch: May 20, 2025

On May 13, the U.S. Commerce Department officially declared its intent to rescind and replace the AI Diffusion Rule issued during the final weeks of the Biden administration. Slated to go into effect on May 15, the rule had...more

Progress Achieved in U.S. Trade Talks with China and United Kingdom

After announcing and then pausing the implementation of wide-ranging reciprocal tariffs last month, the Trump Administration has recently taken notable steps aimed at recalibrating and improving U.S. trading relationships....more

President Trump Pulls the Plug on Controversial AI Diffusion Rule

In a highly anticipated move, the Trump administration has announced that it will rescind and replace the AI Diffusion Rule issued by the Commerce Department during the last weeks of the Biden administration. Set to take...more

Justice Department Declines Prosecution of U.S. Contractor for Export Control Violations of Rogue Employee

For only the second time under its updated voluntary self-disclosure program, the U.S. Justice Department decided not to prosecute Universities Space Research Association after the company self-disclosed criminal violations...more

President Trump Unveils Long-Awaited “Reciprocal” Tariff Regime

On April 2, 2025, as part of a “Liberation Day” ceremony in the White House Rose Garden, U.S. President Donald Trump signed an executive order imposing wide-ranging tariffs on imports from virtually every country in the world...more

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