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A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission
Under Section 337 (19 U.S.C. §1337), the U.S. International Trade Commission (ITC) investigates allegations of unfair practices in import trade that most often involve claims regarding intellectual property rights, including allegations of patent infringement. The ITC has long been the forum of choice for IP litigants seeking expeditious relief "at the earliest practicable time," particularly when compared to the traditional pace of litigation in district court. Id. at §1337(b).
In the wake of the COVID-19 pandemic, however, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties' confidential business information (CBI). See, Commission's Measures to Conduct Remote Section 337 Evidentiary Hearings Involving Confidential Business Information (June 26, 2020). After several months of evaluating its options, on July 20, 2020, the ITC announced that it had chosen "WebEx Meeting as its secure FedRAM certified video teleconferencing solution for Section 337 hearings and investigation conferences involving confidential business information." USITC Response to Covid-19 (July 20, 2020). In addition, the Commission indicated that "the Administrative Law Judge [ALJ] presiding over each investigation has responsibility for determining appropriate hearing procedures." Id.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."