On October 19, 2018, the U.S. International Trade Commission made affirmative determinations in the preliminary phase of the antidumping duty investigations on Strontium Chromate from Austria and France.
Continue Reading The USITC Reaches a Unanimous Preliminary Injury Determination in Strontium Chromate from Austria and France

cargo shipOn October 18, 2018, Petitioners Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America filed a petition for the imposition of antidumping and countervailing duties on imports of Polyester Textured Yarn from the People’s Republic of China and India. Continue Reading Petition Summary: Polyester Textured Yarn from China and India

Fresh off the heels enacting the California Consumer Privacy Act, California Governor, Jerry Brown, signed the country’s first law governing the security of Internet of Things or connected devices. The bill, SB 327, is entitled “Security of Connected Devices.”

Beginning on January 1, 2020, all manufacturers of connected devices will be required to equip the device with reasonable security features to protect against the unauthorized access, destruction, use, modification or disclosure of information that is collected or transmitted by the device. Continue Reading California Steps into the Fray to Regulate the Security of Connected Devices

On September 13, 2018, the Department of Justice (DOJ) filed its first ever Statement of Interest in the bankruptcy of an asbestos company, signaling that DOJ intends to prioritize fraud and mismanagement relating to asbestos trusts. The Statement, filed in the U.S. Bankruptcy Court for the Western District of North Carolina in the Chapter 11 proceedings for Kaiser Gypsum Company, asserts that the proposed trust plans lack adequate safeguards and indicates that DOJ will object unless the final plan better ensures transparency and prevents fraud. Below are three major takeaways from DOJ’s action:

Continue Reading Department of Justice Acts to Fight Asbestos Trust Fraud

An important aspect of developing any intellectual property strategy and portfolio is deciding which method of intellectual property protection to pursue based on the advantages and disadvantages of each method. Plants may be protected through utility patents, certificates under the Plant Variety Protection Act (“PVPA”), and plant patents. Each of these methods has their own requirements with various levels of stringency for obtaining a utility patent, certificate, or plant patent, as well as different levels of protection, as will be discussed below.

Continue Reading Growth through Intellectual Property – Plant Protection through Utility Patents, Certificates, and Plant Patents

On October 11, 2018, the Department of Commerce (Commerce) announced that it is initiating antidumping duty investigations on Refillable Stainless Steel Kegs from Germany, Mexico, and the People’s Republic of China and concurrently initiating a countervailing duty investigation on imports from China. Continue Reading Initiation of Antidumping and Countervailing Duty Investigations: Refillable Stainless Steel Kegs from Germany, Mexico, and China

Many commentators have noted recently that the near-monopoly Silicon Valley has enjoyed in technology startups is beginning to erode. Last month, The Economist magazine dubbed the trend a “techsodus” from the Bay Area and stated that “[Silicon] Valley’s influence is peaking.”

Much of the venture capital investment aimed at technology startups is still raised in and flows into California, but increasingly, when startups look to scale their business models, they are doing it elsewhere, due to the increasingly high costs associated with the Bay Area in terms of talent, real estate, and taxes. This shift in investment will greatly benefit regions that have ample incentives in place to attract startups, areas like greater Kansas City and other cities throughout the Heartland.

Continue Reading Historic Shift in Venture Investment Could Benefit Kansas City and Region

shipping containers

On September 22, 2018, Bill (SB-1402) was signed into law in California to become effective January 1, 2019. That law will make a “Customer” that engages or uses “a port drayage motor carrier” jointly and severally liable with that port drayage motor carrier if that carrier is listed on the Internet Web site maintained by the Division of Labor Standards Enforcement. This ominous list will identify port drayage motor carriers which have been found liable to a “port drayage driver” for unsatisfied court judgments, assessments, orders, decisions, or awards, for port drayage services performed for which the drivers have not been paid or expenses for which they have not been reimbursed, plus damages, penalties, and interest.

The reason why this Bill is not as tentative as it sounds is that The California Labor Commissioner’s Office, Division of Labor Standards Enforcement, has awarded in excess of $45 million in unlawful deductions from wages and out-of-pocket expenses to more than 400 drivers, and that drivers have seen little of those awards. Continue Reading Shippers, NVOCCs, Ocean Carriers, And Other Port Players to Be Liable to Port Drayage Drivers Under New California Legislation Effective January 1, 2019

Every company, but especially startups, looks for a competitive edge to provide an advantage over other companies. Intellectual property (“IP”) rights and the strategy of how to leverage them may separate a startup from other companies.

Because IP can be an essential part of a business and of significant interest to potential investors, startups often enthusiastically disclose their inventions, technology, and other IP when pitching to potential investors or at public events. However, pitching to potential investors or publicly presenting before protecting the IP can have devastating consequences for companies.

We provide below a few of the reasons why companies should consider protecting their IP before disclosing it to the public.

Continue Reading Think Twice Before You Speak – Intellectual Property and Public Disclosure

globe charts graphsCongratulations! You have developed or launched an innovative new product or service, and your business dreams are becoming a reality. It’s all very exciting.  One thing you may not have considered much, however, is whether your innovations or brand are susceptible to infringement in the international context. Will competitors try to make a knock-off product or steal your trade secrets? Are foreign companies going to ship infringing articles to the U.S. market? Protecting your intellectual property (IP) is key. Here are some fundamental suggestions to thwart such threats to your growing business. Continue Reading International IP Issues for Startups