On January 22, 2018, the Office of the U.S. Trade Representative (“USTR”) announced that the Trump Administration is granting relief for the domestic solar panels and modules industry under section 201 of the Trade Act of 1974. This confirmed the fears of many consumers that there substantial additional duties would be imposed on those products.
President Trump Announces Decision on Section 201 Safeguard Investigation of Large Residential Washers
On Tuesday, January 23, 2018, President Trump signed the Presidential Proclamation to Facilitate Adjustment to Competition from Imports of Large Residential Washers, thereby announcing the President’s decision regarding the investigation of large residential washers (LRWs) under Section 201 of the Trade Act of 1974 (the LRW Safeguard Investigation). A copy of the Proclamation can be found here.
Impact of Government Shutdown on Trade
The government shutdown began on Saturday at 12:01am. Here is a list of several agencies involved in trade and transportation issues that will be affected.
International Trade Commission
The International Trade Commission will only have three to seven individuals working during the shutdown in order to protect life and property. The six Commissioners are presidential appointees and therefore are exempt from the furlough.
Petition Summary: Large Diameter Welded Pipe from Canada, Greece, India, China, Korea, and Turkey
On January 17, 2018, the American Line Pipe Producers Association filed a petition for the imposition of antidumping and countervailing duties on imports of Large Diameter Welded Pipe from Canada, Greece, India, the People’s Republic of China, the Republic of Korea, and the Republic of Turkey.
Toxic Tort Monitor – January 17, 2018
| January 17, 2018 |
| New Developments |
| A Review of 2017 Personal Jurisdiction Decisions By Taylor Concannon In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in Goodyear and Daimler and reaffirmed its limits on personal jurisdiction |
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Federal Circuit “Blue Coat” Decision: Virus-Scanning Software Survives Alice Attack Applying “Enfish”
On January 10, 2018, the Federal Circuit added Finjan, Inc. v. Blue Coat Sys., Inc., No. 2016-2520 (Fed. Cir.), to its Enfish jurisprudence and upheld the subject matter eligibility of a software patent directed to virus-scanning downloadable app code for known and suspected malware. As construed, the invention claims novel behavioral-based analysis of source code to identify; detection of potentially dangerous files results in creation of a new file attached to the app code which is then evaluated by the destination computer to determine whether to allow the app to be downloaded.
Commerce Submits Steel Section 232 Report to the President
On Thursday, January 11, the U.S. Department of Commerce formally submitted to the President the results of its investigation into the effect of steel mill product imports on U.S. National Security. The President now has 90 days to decide on any action on steel imports.
Wisconsin Tightens Air Quality Standards
On December 4, 2017, the Wisconsin Department of Natural Resources (DNR) amended its National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5). The rule reduces the primary annual standard for PM2.5 from 15.0 to 12.0 micrograms per cubic meter (µg/m3). DNR was required to promulgate this rule to be consistent with the U.S. EPA NAAQS for PM2.5, published in January, 2013. The DNR rule is scheduled to be effective January 1, 2018, and will be submitted to the EPA as a revision to the Wisconsin state implementation plan.
Product Liability Monitor – December 4, 2017
| December 4, 2017 |
| New Developments |
| Missouri Adopts Daubert: What It Means in Product Liability Cases By Theresa Mullineaux In March 2017, Missouri Governor Eric Greitens signed House Bill 153, which amended Mo. Rev. Stat. § 490.065, and effectively adopted Daubert standards for Missouri cases, effective in August 2017. As a result, Missouri now follows |
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Milwaukee Start Up Week 2017
Husch Blackwell is proud to be a sponsor of Milwaukee Startup Week 2017. This series of events showcases the entrepreneurial spirit of Southeast Wisconsin and provides opportunities for startups to showcase their ideas, network with fellow innovators, and attend workshops with business, marketing, and legal experts. Husch Blackwell is sponsoring the Startup Showcase by Startup Milwaukee event on November 7, 2017. The showcase will provide local entrepreneurs the opportunity to present their products and services at the City Lights Brewing Company. Additionally, Husch Blackwell will have attorneys present on legal issues that affect startups during the Launch Conference on November 9, 2017, and other events throughout the week.