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Latest from Crowell & Moring LLP

Summary:   Following negotiations that went well into the night, the EU took control of the Brexit endgame, turning down the UK Prime Minister’s plea to postpone Brexit from 29 March to 30 June, and instead drawing up a “flextension” plan that officially delays Brexit to 12 April 2019 at the earliest. Under the terms of the plan, which was devised by the EU’s 27 heads of state and government and accepted by the UK…
Last month, the Government Accountability Office (GAO), the legislative agency tasked to conduct auditing, evaluation, and investigative services for the U.S. Congress, released a report regarding the sustainment of operational system software for Department of Defense (DoD) weapon systems. Software sustainment is essential to the operations of DoD weapon systems, including tactical and combat vehicles, and military aircraft. In relevant part, the report examined the extent to which the DoD has addressed challenges to securing necessary…
Our clients often ask us what happens after a recall has been completed and what to expect from a visit from a regional CPSC inspector. We advise to be prepared to demonstrate what actions were taken regarding the Corrective Action Plan (CAP). The main purpose of the inspection appears to be to provide confirmation that CAP tasks (such as distribution of retailer letters and posters) are underway and/or have been completed. The Commission staff will check that notice…
Summary: On 20 March, the UK Prime Minister formally wrote to Donald Tusk, the President of the European Council, requesting that Brexit should be delayed until 30 June 2019 – three months later than the long-envisaged exit date next Friday, 29 March 2019. The UK Government’s request will be discussed on 21 March by the EU’s 27 heads of state and government at the European Council summit in Brussels. It is unlikely the EU will unanimously approve the UK’s…
In NY N302853, Customs and Border Protection (CBP) discussed the classification of a product called the “Moby Dick Bath Time Essentials Kit,” which included four items: a kneeler, elbow rest, rinser and spout cover. All of these items are packaged together in a box marketed for retail sale. The kneeler is made of a textile neoprene cover with a foam insert that is cut and sewn in the shape of a whale. The kneeler is…
Speaker of the House invokes Parliamentary Protocol from 1604 Summary: Monday, March 18, 2019, saw the Prime Minister blocked from putting forward the Brexit “Withdrawal Agreement” that the UK Government negotiated with the EU to a third Parliamentary vote. John Bercow, the Speaker of the House of Commons, who in accordance with longstanding UK Parliamentary protocol, decides on whether to allow any vote, told the UK Government that it cannot bring the deal back for a third vote…
  In NY N302852, U.S. Customs and Border Protection (CBP) discussed the classification of unisex below-the-ankle cycling shoes from China. The three pairs of cycling shoes: Bont Vaypor+, Bont Vaypor XC and Bont Riot Buckle, are designed using specially engineered materials for performance with strength and weight requirements. Each style has the provisions for the attachment of bicycle clips in recessed areas of the rubber or plastics outer sole. The importer stated that the cycling…
We recently shared a California federal court decision in Barker v. Insight Global, LLC, et al. that relied on Section 16600 of California’s Business and Professional Code to hold that, in California, non-solicitation provisions in employee agreements are presumptively invalid. The California statute governing restrictive covenants provides that “[e]xcept as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to…
  UK Votes – will not leave EU on March 29, 2019 Summary: On March 14, 2019, the UK Parliament voted to extend Article 50 (the formal mechanism for leaving the EU).  It will not leave the EU on March 29, 2019. Separately, MPs passed on taking charge of the Brexit process going forward, by voting down a proposal that would have seen a series of votes in UK Parliament next week allowing MPs to…
Much that has been written about the bid protest reforms in the Section 809 Panel’s final report has focused on Recommendations 66-69, which expressly address (and propose changes to) the protest process at the U.S. Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”). But the 809 Panel’s most impactful recommended changes to the protest process actually may be contained in Recommendation 35 (“Rec. 35”). There, in the context of a discussion of…