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Features

Should Foreign Companies Face Lanham Act Sanctions for Trademark Infringement Occurring Abroad? Image

Should Foreign Companies Face Lanham Act Sanctions for Trademark Infringement Occurring Abroad?

Lauren Gregory Leipold

The U.S. Supreme Court is considering whether the federal Lanham Act should be interpreted so broadly that domestic companies can leverage it to bar trademark infringement by — and seek significant damage awards against — foreign entities operating almost entirely overseas.

Features

ITC General Exclusion Orders Targeting All Importers Are On the Rise Image

ITC General Exclusion Orders Targeting All Importers Are On the Rise

Daniel Muino, Brian Busey & Nomin-Erdene Jagdagdorj

In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For importers of products potentially implicated by a requested GEO, the GEO can be a major threat even if the importer is not a respondent in the case.

Features

IP Considerations for ITC General Exclusion Orders Image

IP Considerations for ITC General Exclusion Orders

Daniel Muino, Brian Busey & Nomin-Erdene Jagdagdorj

In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.

Features

Trouble Prosecuting Trump Allies Signifies DOJ's Difficulties In Prosecuting Non-Traditional Foreign Influence Cases Image

Trouble Prosecuting Trump Allies Signifies DOJ's Difficulties In Prosecuting Non-Traditional Foreign Influence Cases

Robert J. Anello & Richard F. Albert

Despite the broad language of the Espionage Act, the DOJ has faced significant hurdles in pursuing prosecutions outside the traditional espionage context, and particularly where the alleged foreign agent's activity involves ostensibly legitimate international business dealings.

Features

U.S. Bankruptcy Court Denies Chapter 15 Recognition to a Case on the Isle of Man Image

U.S. Bankruptcy Court Denies Chapter 15 Recognition to a Case on the Isle of Man

Daniel A. Lowenthal

Cases interpreting Chapter 15 of the Bankruptcy Code after it was enacted in 2005 often addressed basic issues, such as whether a foreign debtor must have property in the U.S to file a case there. But even when there's no property in the U.S., there's an easy remedy: the foreign administrator can deposit a retainer payment with its U.S. law firm.

Features

Are You Ready for Europe's New Patent System? Image

Are You Ready for Europe's New Patent System?

Marianne Schaffner & Thierry Lautier

In Europe, the patent system is changing and will offer to companies a new patent protection and a new patent court. It should start in April 2023, with a sunrise period starting in January 2023.

Features

Impact of 'Hoskins' Cases on the FCPA and White-Collar Law Image

Impact of 'Hoskins' Cases on the FCPA and White-Collar Law

Elkan Abramowitz & Jonathan Sack

This article examines the impact of Hoskins on three issues of importance to white-collar practitioners: the scope of the FCPA; the interpretation of white-collar criminal statutes; and the authority of the district court to consider at the outset of a prosecution threshold questions of the reach of the law to foreign individuals.

Features

Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments Image

Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments

David Aaron

The Northern District of Illinois recently issued an opinion which criminalizes acting in the United States as an agent of a foreign government without notifying the attorney general.

Features

Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act Image

Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act

John Beardwood & Shan Arora

Part Four In a Series The conclusion of the series on Canada's recently introduced Consumer Privacy Protection Act looks at hot button enforcement issues in the Act.

Features

Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act Image

Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act

John Beardwood & Shan Arora

Part Three In a Series Part Three continues the analysis of new compliance requirements in Canada's new Consumer Privacy Protection Act, including the content of organizational privacy policies and anonymization of personal information policies, and business transaction policies contained in the Act.

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