US Export Controls Workshops in the UK – June 27-29, 2022

Draped United States flag next to British flag For the past 14 years, we have jointly hosted a successful annual workshop series on US export controls regulations with EGADD. In celebration of its 15th anniversary, this June’s workshop will also be organized in close partnership with BAE Systems, a major, multinational company that has considerable practical experience in dealing with the challenges arising from ITAR and EAR compliance.

REGISTER HERE

At this stage we are inviting you to register your interest. Please email Karen Hayhoe should you wish to register your interest to attend this event. Further details, including costs will be released in due course. See below for additional details. Continue Reading

Late December Surge in ITC Section 337 Complaints

By Trade Practitioner on January 11, 2022 Posted in ITC Section 337

Once again, the U.S. International Trade Commission (ITC) saw a surge of Section 337 complaints filed in the fourth quarter of the year, culminating with eight complaints filed between December 15 – 31, 2021. Our colleague, Adam Hess explains why these complaints are filed at the end of the year and why the ITC will continue to be a reliable forum for resolving IP disputes.

Read the full blog post here.

Important Reminder for M&A transactions (including Internal Corporate Restructurings!) from 4 January 2022, when the UK’s National Security and Investment Act enters into force

By Trade Practitioner on December 22, 2021 Posted in Foreign Direct Investment (FDI)

As many corporate lawyers are aware, the UK’s National Security and Investment Act (NSIA) comes into force on 4 January 2022 and will have an impact on a large number of transactions which have a connection to the UK (an estimated 1,800 transactions per year will be affected). One thing that has not been discussed in any detail however, is the possibility of “qualifying acquisitions” (as defined) that are part of corporate restructurings or reorganisations may be caught by the mandatory notification regime under the NSIA.

This means that even within transactions consisting of internal corporate restructurings or reorganisations, it may be mandatory to notify. In such a scenario, it will also be necessary to await clearance before being to complete the transaction in question. This is unlike merger control.

US Commerce Department Adopts Controls on Cyber Intrusion Item; Opportunity for Industry Comment

By Trade Practitioner on December 16, 2021 Posted in Export Controls & Sanctions, US Regulation

On October 21, 2021, the US Commerce Department’s Bureau of Industry and Security (BIS) published in the Federal Register an Interim Final Rule with request for comments, that amends the Export Administration Regulations (EAR) (15 CFR Parts 730- 774) regarding export controls on certain cyber intrusion items.

Read the full client alert here.

Uyghur Forced Labor Prevention Act: U.S. House and Senate Reach Agreement

By Trade Practitioner on December 16, 2021 Posted in China, East Asia & the Pacific

On December 14, 2021, lawmakers in the House and Senate announced that they had reached an agreement on compromise language for a bill known as the Uyghur Forced Labor Prevention Act or “UFLPA.” Different versions of this measure passed the House and the Senate earlier this year, but lawmakers and Congressional staff have been working to reconcile the parallel proposals. The compromise language paves the way for Congress to pass the bill and send it to President Biden’s desk as soon as this week.

Read full post on our Global Supply Chain Law blog here.

If you have questions, please do not hesitate to reach out to the authors, Ludmilla Kasulke and Rory Murphy.

CFIUS Clearance: Learning Technologies Group and GP Strategies Corporation

By Trade Practitioner on October 13, 2021 Posted in CFIUS Filing, CFIUS Industry Tag, Clearance, Engineering, Professional Services

Status: Clearance

Acquirer: Learning Technologies Group (United Kingdom)

Acquired: GP Strategies Corporation (U.S.)

Value: $394 million

Industry Tags: Professional Services; Engineering & Construction Continue Reading

Upcoming/New CFIUS Filing: Singapore Technologies Engineering and TransCore business of Roper Technologies

By Trade Practitioner on October 11, 2021 Posted in CFIUS Filing, CFIUS Industry Tag, Technology Services, Transportation, Upcoming/New Filing

Status: Upcoming/New Filing

Acquirer: Singapore Technologies Engineering Ltd. (Singapore)

Acquired: TransCore business of Roper Technologies, Inc. (U.S.)

Value: $2.68 billion

Industry Tags: Technology Services; Transportation Continue Reading

How to Stop the PTAB from Deferring to the ITC for Patent Validity Decisions

By Trade Practitioner on October 1, 2021 Posted in International Trade Commission, ITC Section 337

Following up on a previous blog post explaining why the Patent Trial and Appeal Board (PTAB) is denying institution of inter partes review (IPR) and post-grant review (PGR) proceedings based on a co-pending ITC Section 337 investigation, our colleagues Adam Hess and David Prueter provide some tips for how respondents in ITC Section 337 investigations can avoid the PTAB’s discretionary denials of petitions for IPR and PGR.

Continue reading here.

CFIUS Filing Withdrawn and Refiled: Wise Road Capital and Magnachip Semiconductor Corporation

By Trade Practitioner on September 19, 2021 Posted in CFIUS Filing, CFIUS Industry Tag, Semiconductors, Withdrawn and Refiled

Status: Withdrawn and Refiled

Acquirer: Wise Road Capital LTD (China)

Acquired: Magnachip Semiconductor Corporation (US)

Value: US$1.4 billion

Industry: Semiconductors Continue Reading

PTAB Defers to ITC for Patent Validity Decisions

By Trade Practitioner on August 30, 2021 Posted in International Trade Commission, ITC Section 337

Macro photo of tooth wheel mechanism with PATENT PENDING concept letters

August 9, 2012, in a decision regarding a petition filed by Kiss Nail Products, the Patent Trial and Appeal Board (PTAB) denied institution of post-grant review (PGR) of a Lashify, Inc. patent directed to artificial eyelash extensions in view of a co-pending ITC Section 337 investigation. Why is this significant? Continue reading here a blog post by our colleague Adam Hess.