Crowell & Moring LLP

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, D.C., New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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C&M Health Law

C&M Restructuring Matters

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Latest from Crowell & Moring LLP

International Trade Law

FinCEN Issues ANPRM Seeking Comment on Requirement for an “Effective and Reasonably Designed” AML Program

By Caroline Brown, Carlton Greene, Nicole Succar & Erik Woodhouse

September 23, 2020

On September 16, 2020, the Financial Crimes Enforcement Network (“FinCEN”) issued an advanced notice of rulemaking (“ANPRM”) requesting comments on proposed regulatory changes under the Bank Secrecy Act (“BSA”) that aim to enhance the effectiveness of anti-money laundering (“AML”) programs. The proposals reflect the recommendations of a working group within the Bank Secrecy Act Advisory Group (“BSAAG”), whose membership includes representatives from financial institutions, federal and state regulatory and law enforcement agencies, and trade groups…

International Trade Law

HTMX et al. v. United States – An (ongoing?) Opportunity for Importers to Recover Section 301 Tariffs Paid on Section 301 List 3 (and List 4a) Products

By John Brew

September 23, 2020

The Court of International Trade (“CIT”) saw nearly 3,000 complaints filed over a period of four days from Friday, September 18, 2020 to Monday, September 22, 2020 challenging the United States Trade Representative’s (“USTR”) authority to levy Section 301 Tariffs on products found on List 3 (and frequently, also those also found on List 4A) (“List 3 Tariffs”). These complaints dovetail from the lead case which first raised this issue, filed on September 10, 2020,…

C&M Restructuring Matters

The Return of Crown Preference – Another blow for Floating Charge Holders

By Cathryn Williams & Paul Muscutt

September 21, 2020

By Cathryn Williams, Paul Muscutt and Beth Bradley of the London Crowell Restructuring Team. The Insolvency Act 1986 (HMRC Debts: Priority on Insolvency) Regulations 2020 (SI 2929/983) (the Regulations) were made on 11 September 2020 and will come into force on 1 December 2020. As a result of the changes brought about by the Regulations, when distributing the assets of a company that enters an insolvency process on or after 1 December 2020, HMRC’s claim…

Trade Secrets Trends

Crowell & Moring Presents Webinar on The U.S. Response to China’s Theft and Acquisition of Trade Secrets

By Caroline Brown & James K. Stronski

September 19, 2020

Not surprisingly given the hundreds of billions of dollars of American intellectual property lost to China each year, trade secret theft and China is a hot topic for the public and private sector alike. On September 29, 2020 2:00 -3:00 pm EDT, Caroline Brown and Jim Stronski will share their thoughts on the latest developments in this space including enforcement trends and best practices to protect trade secrets. We encourage you to register here to…

Trade Secrets Trends

Seventh Circuit Upholds $140 Million Compensatory Damages Award and Caps Punitive Damages at $140 Million in Trade Secret Case

By Siri Rao & Julia Milewski

September 17, 2020

In Epic Systems Corp. v. Tata Consultancy Services Ltd., Epic Systems Corp. (“Epic”) filed a case in the U.S. District Court for the Western District of Wisconsin accusing Tata Consultancy Services Ltd. (“TCS”) of stealing documents and confidential information related to software applications performing billing, insurance benefits management, and referral services for health care companies. In 2016, a federal jury ruled in Epic’s favor on all claims, ordered TCS to pay $140 million for uses…

Retail & Consumer Products Law Observer

Automakers and Regulators Must Educate Consumers on Mobility AI

By Crowell & Moring

September 16, 2020

This article was originally published in Automotive World. The future of the mobility is dependent on AI, but without greater understanding among consumers, trust could be hard to build. The mobility sector is keen to realise the full benefits of artificial intelligence (AI), not least to open up the revenues which data-driven connected services could offer. But moving forward, it must balance these opportunities with the rights of drivers, passengers and pedestrians. A number…

Trade Secrets Trends

Beep, Beep: Road Runner Escapes DTSA Claim, for Now

By Dylan Burstein & Laura Schwartz

September 16, 2020

On September 2, 2020, a Southern District of California judge granted Defendant Road Runner Sports, Inc.’s motion to dismiss, finding that Plaintiff, Profade Apparel, LLC, failed to state a trade secret misappropriation claim under the federal Defend Trade Secrets Act (“DTSA”). At Road Runner’s request, Profade designed a “Trigonomic Arch Support Sock” for sale in Road Runner running stores. But, after ordering just a few small batches of the socks, Road Runner allegedly stopped buying…

C&M Health Law

HHS Proposes a New Rule to Govern Release and Maintenance of Agency’s Guidance Documents

By Jodi G. Daniel & Lidia Niecko-Najjum

September 14, 2020

On August 20, 2020 the Department of Health and Human Services (HHS) published a notice of proposed rulemaking (85 Fed. Reg. 51397) on good practices for the release and maintenance of agency guidance documents. Comments must be posted by 11:59 pm on September 16, 2020. As instructed in the October 9, 2019 Executive Order 13891 (EO), titled ‘‘Promoting the Rule of Law Through Improved Agency Guidance Documents (84 FR 55235 (Oct. 15, 2019)),…

Trade Secrets Trends

ITC Administrative Law Judge Decision Implicates Scope of Trade Secret Protections

By Kayvan M. Ghaffari & Vincent J. Galluzzo

September 14, 2020

On August 6, 2020, the U.S. International Trade Commission (“ITC”) released a public version of the Final Initial Determination (“ID”) in the Matter of Botulinum Toxin Products (Inv. No. 337-TA-1145), that, if upheld by the ITC Commission, might signal an expansive view of the ITC’s territorial jurisdiction and the scope of trade secret protection. The ITC’s jurisdiction in trade secret investigations is limited to matters that destroy or substantially injure a “domestic industry in the…

Retail & Consumer Products Law Observer

Who is the regulator? What is the rule?: Navigating the Alphabet Soup of COVID-19 Product Requirements

By Cheryl A. Falvey, John Fuson & Mariam Sarwar

September 11, 2020

In the wake of the COVID-19 pandemic, product manufacturers and distributors—many of whom have pivoted to create PPE-related products for the first time—are now faced with a veritable morass of guidelines and requirements to navigate from a variety of governmental agencies. Recent enforcement actions by federal agencies have only highlighted the importance of understanding exactly how a product must be produced, advertised, labeled, and sold. This begs the important question: who is the regulator and…

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Crowell & Moring LLP Blogs

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FinCEN Issues ANPRM Seeking Comment on Requirement for an “Effective and Reasonably Designed” AML Program

HTMX et al. v. United States – An (ongoing?) Opportunity for Importers to Recover Section 301 Tariffs Paid on Section 301 List 3 (and List 4a) Products

The Return of Crown Preference – Another blow for Floating Charge Holders

Crowell & Moring Presents Webinar on The U.S. Response to China’s Theft and Acquisition of Trade Secrets

Seventh Circuit Upholds $140 Million Compensatory Damages Award and Caps Punitive Damages at $140 Million in Trade Secret Case

Automakers and Regulators Must Educate Consumers on Mobility AI

Beep, Beep: Road Runner Escapes DTSA Claim, for Now

HHS Proposes a New Rule to Govern Release and Maintenance of Agency’s Guidance Documents

ITC Administrative Law Judge Decision Implicates Scope of Trade Secret Protections

Who is the regulator? What is the rule?: Navigating the Alphabet Soup of COVID-19 Product Requirements

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