On Friday, August 23, 2019, President Trump indicated in a series of tweets that tariffs on the $250 billion of imports already in place would be raised to 30% from 25% on October 1. President Trump also said the remaining $300 billion of imports set to go into effect on September 1 would be taxed at 15% ad valorem, rather than 10% ad valorem.…

International Trade Law

China Announces $75 Billion in Additional Retaliatory Tariffs

By John Brew, Frances P. Hadfield & Walter (Sam) Boone on August 23, 2019

On August 23, the Customs Tariff Commission of China’s State Council announced the decision to impose approximately $75 billion in additional tariffs on the United States. Beijing’s latest retaliatory tariffs are in response to President Trump’s List 4 Trade Action of $300 billion dollars which USTR published earlier in August. Mirroring the rollout of U.S. tariffs, the Chinese tariffs will also be installed in two batches. Starting on September 1, tariffs of 5 and 10…

International Trade Law

Commerce Reaches New Draft Suspension Agreement on Fresh Tomatoes from Mexico

By Frances P. Hadfield & Rebecca Toro Condori on August 22, 2019

On Wednesday, August 22nd, the United States and Mexico reached a draft agreement that suspends the ongoing antidumping investigation of fresh tomatoes from Mexico. The original antidumping case was filed in 1996 by Florida tomato growers, and since then suspension agreements have been in place to manage trade between the two countries and hold off the antidumping probe. In May, the Trump administration withdrew from a previous suspension agreement and placed a 17.5% tariff on…

Retail & Consumer Products Law Observer

Clothing Importer Faces FCA Suit and Criminal Charges for Undervaluing Goods

By Jason M. Crawford, Frances P. Hadfield & Allegra Flamm on August 22, 2019

In today’s protectionist environment, importers are facing heightened legal risks and a potential False Claims Act (FCA) violation when providing information to Customs and Border Patrol (CBP). In June, the United States Attorney’s Office for the Southern District of New York filed a civil fraud lawsuit against Manhattan-based children’s apparel companies Stargate Apparel, Inc., Rivstar Apparel, Inc., and their CEO, Joseph Bailey. The Complaint, filed under seal, had alleged that Bailey, Rivstar, and Stargate violated…

Trade Secrets Trends

S.D.N.Y. Holds the 2016 DNC WikiLeaks Dump Did Not Violate The Defend Trade Secrets Act

By Kimberley Johnson & Astor Heaven on August 22, 2019

On July 30th, 2019, the District Court for the Southern District of New York held that a news outlet’s publication of the Democratic National Convention’s (DNC) allegedly stolen trade secrets did not violate the Defend Trade Secrets Act, 18 U.S.C. § 1831, et seq. (“DTSA”). In April 2018, the DNC filed suit against the Defendants, alleging that the Russian Federation’s military intelligence agency unlawfully hacked into the DNC’s computers and conspired with WikiLeaks to publicly…

C&M Health Law

Podcast: Some Potential Impacts of Legal Challenges to the ACA

By Troy A. Barsky, Alice Hall-Partyka, Payal Nanavati & Joe Records on August 21, 2019

In the latest episode of Payers, Providers, and Patients – Oh My!, Troy Barsky and Alice Hall-Partyka talk with Joe Records and Payal Nanavati about how recent litigation challenging the constitutionality of the Affordable Care Act may impact providers and payers. The discussion focuses on the authority for innovative health care models and important fraud and abuse provisions that were enacted in the ACA. Subscribe to Payers, Providers, and Patients – Oh My! at: PodBean…

Trade Secrets Trends

L’Oreal’s Black Eye Requires $49.92 Million to Cover Trade Secrets Blemish

By Crowell & Moring on August 21, 2019

Yesterday, L’Oreal learned just how valuable Olaplex’s trade secrets and patents were. U.S. District Judge Joseph F. Bataillon calculated the damages owed at almost $50M. However, post-trial briefing is still underway. Given the jury’s willful infringement finding, additional damages could be layered onto this almost $50M foundation. To learn more about this case, please click here to read our most recent alert, authored by Crowell & Moring Partner Anne Elise Herold Li and Associates Michelle Chipetine and Mena …

Data Law Insights

What we can learn about joint controllership from the CJEU Fashion ID ruling

By Maarten Stassen & Heidi Waem on August 21, 2019

On 29 July 2019, the Court of Justice of the European Union (CJEU) issued a decision in the Fashion ID case, a case referred to it by a German court. In this blog post we will focus on what this case means with regard to joint controllership when you have social media plug-ins on your website. To go directly to the section on the implications of this case, please click here. Background to the Fashion…

Trade Secrets Trends

Confidentiality of Trade Secrets in Arbitration

By John Laird & Julia Milewski on August 21, 2019

After posts considering confidentiality protections under the EU Trade Secrets Directive 2016/943 when litigating in various jurisdictions, we next turn to how these issues arise in the context of arbitration. Where trade secrets are protected by a contract, an opportunity arises for parties to consider alternative dispute resolution mechanisms including arbitration and whether to adopt express rules in arbitration that protect confidentiality.…

Data Law Insights

Ninth Circuit Rejects Facebook’s Article III Argument; Biometric Lawsuit Will Proceed

By Laura Foggan, Jeffrey L. Poston, Nathanial J. Wood & Brandon C. Ge on August 21, 2019

On August 8, 2019, the U.S. Court of Appeals for the Ninth Circuit issued yet another decision adopting relaxed standing requirements in privacy litigation, this time in a decision permitting a plaintiff to pursue claims under Illinois’s Biometric Information Privacy Act (BIPA). In Patel v. Facebook, the Ninth Circuit rejected arguments from Facebook Inc. (Facebook) that claims under the BIPA require assertions of real-world harm, and that BIPA claims only apply to conduct within Illinois.…

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Trump indicates he will raise tariffs on Chinese imports in retaliation against China’s tariff hike.

China Announces $75 Billion in Additional Retaliatory Tariffs

Commerce Reaches New Draft Suspension Agreement on Fresh Tomatoes from Mexico

Clothing Importer Faces FCA Suit and Criminal Charges for Undervaluing Goods

S.D.N.Y. Holds the 2016 DNC WikiLeaks Dump Did Not Violate The Defend Trade Secrets Act

Podcast: Some Potential Impacts of Legal Challenges to the ACA

L’Oreal’s Black Eye Requires $49.92 Million to Cover Trade Secrets Blemish

What we can learn about joint controllership from the CJEU Fashion ID ruling

Confidentiality of Trade Secrets in Arbitration

Ninth Circuit Rejects Facebook’s Article III Argument; Biometric Lawsuit Will Proceed

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