On May 22, 2024, the United States Trade Representative (“USTR”) published details regarding proposed increases in Section 301 tariffs on imports from China following the results of its statutorily required four-year review of the Section 301 tariff actions. (For additional
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Latest from Steptoe LLP - Page 10
Clarity on Reverse Payments
The Second Circuit, for the first time, has addressed the scope of the Supreme Court’s decision in FTC v. Actavis, 570 U.S. 136 (2013), regarding the use of allegedly anticompetitive reverse payments by a brand drug manufacturer to settle patent…
UK Imposes New Trade Sanctions on Belarus
On May 15, 2024, the Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024 was laid before parliament (“Regulations”). Among other things, the Regulations included a package of new trade sanctions measures under the UK’s Belarus sanctions regime targeting aluminum,…
A Round-Up of Recent Changes to OFSI Financial Sanctions Guidance
This month has seen HM Treasury’s Office of Financial Sanctions Implementation (“OFSI”) roll out a new FAQ guidance format, as well as update a number of its existing guidance documents. In particular, OFSI has introduced changes to its enforcement and…
Judge Seibel: 56.1 Response is Not the Occasion for “Context” or “Semantic Quibbles”
On Monday, Judge Seibel ordered a plaintiff to re-submit an amended 56.1 statement response to comply with the Local Rules. Judge Seibel explained that the response, at 356 pages, was too long and argumentative, did not properly controvert certain of…
OFAC Amends Reporting Requirements – Important Considerations for Compliance
On May 10, 2024, the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an Interim Final Rule, effective August 8, 2024 (the “IFR”), that clarifies the scope of OFAC’s rejected transaction reporting requirement, and introduces…
Clarity Starts to Form Regarding Pricing Algorithm Antitrust Cases
When do companies using the same pricing algorithm violate the antitrust law? Despite the new technology, the answer seems to center on the classic issue central to a hub-and-spoke conspiracy: is there an agreement along the rim?
In Gibson v.
Judge Koeltl: Producing Documentary Does Not “Forgive All Copying” as Fair Use
In an opinion last week, Judge Koeltl denied a motion to dismiss brought by NBC and Peacock, which are accused of infringing the plaintiff’s copyright to two videos in connection with a documentary about Rudy Giuliani’s infamous press conference in…
BIS Removes Significant Export Control License Requirements for Australia and the UK under the Strategic AUKUS Partnership
On May 8, 2024, BIS published a correction to the interim final rule, further removing license requirements for certain items under ECCN 0x5zz.
Previously, the interim final rule stated that all 0x5zz ECCNs referenced in footnote 9 to the Commerce…
Columbia University Faces Wave of Litigation Over Campus Protests
At least four SDNY lawsuits have been filed against Columbia University relating to the recent campus protests, including a class action complaint filed April 29, accusing the University of breaching its contractual obligation to provide a safe learning environment,…