Baker & Hostetler LLP (LexBlog China)

64 results for Baker & Hostetler LLP (LexBlog China)

  • The Weekly Hill Update

    Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session. HEADLINES HOUSE SENATE WHITE HOUSE

  • The Weekly Hill Update

    Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session. HEADLINES Democratic leaders are planning to move forward with a reconciliation bill focused on drug pricing and Affordable Care Act subsidies, regrouping after negotiations on a broader bill stalled. The...

  • Federal Circuit Hints at Easier Service of Process on Foreign Defendants

    In a recent decision, In re: OnePlus Technology (Shenzhen) Co., Ltd., Case. No. 21-165, Dkt. 20, the Federal Circuit denied China-based smartphone maker OnePlus’ petition for mandamus seeking to direct a Western District of Texas court (Judge Alan Albright) to dismiss the five underlying patent infringement actions for insufficient service of process. The Federal Circuit...

  • The Weekly Hill Update

    Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session. HEADLINES •  President Joe Biden’s cabinet is fanning out across Asia in a broad diplomatic effort, headlined by Deputy Secretary of State Wendy Sherman meeting with China’s Foreign Minister Wang...

  • Crypto Initiatives Announced in Exchanges, ETFs, Payments; NFT Initiatives Continue; Bitcoin Mining Difficulty Adjusts; Global Enforcement Actions Continue

    In this issue: • Cryptocurrency Exchanges, ETFs and Payment Initiatives Announced • Hollywood, Paradise and Banking: NFT Use Cases Continue to Expand • Bitcoin Network Mining Difficulty Adjusts in Wake of China Crackdown • DOJ, CFTC and SEC Target Crypto Fraud, Registration, Anti-Touting Violations • US Ransomware Task Force Announced, Crypto Crimes Continue Across Globe...

  • NFTs Launch, Regulators Target Crypto Ads and Scams, Nebraska Passes Digital Asset Bank Charter, Reports Detail Crypto Hedge Funds and Sanctions Evasion

    In this issue: • BD-ATS to Issue Blockchain Securities, Crypto Hedge Fund Report Published • NFTs and Loyalty Tokens Launch, Regulators Target Crypto Ads as Scams Spike • Nebraska Passes Digital Asset Bank Charter, Tax Case Addresses Crypto Mining • China and Hong Kong Implement New Crypto Regulation, Iran Halts Mining • Report Provides New...

  • The Weekly Hill Update

    Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress hold floor votes. HEADLINES •  The Senate will begin consideration of a comprehensive bill aiming to bolster U.S. competitiveness with China. •  The House agenda focuses on U.S. Capitol security, including the establishment...

  • Blacklist Complaints: A Novel Tool Against Bad-Faith Trademark Applicants in China

    Bad-faith trademark filings can pose a painful obstacle to brand owners’ attempts to register and enforce trademark rights in China. Traditionally, trademark owners have needed to file a broad range of defensive applications, oppose dozens of bad-faith filings as they are published, and/or undertake massive invalidation campaigns against existing bad-faith registrations. These actions are...

  • The Weekly Hill Update

    Below is the Federal Policy team’s weekly preview, posted when Congress is in session. HEADLINES • President Donald Trump will host a ceremony marking the signing of a trade agreement with China. • Speaker Nancy Pelosi is likely to send House-passed articles of impeachment of Trump to the Senate, after unsuccessfully seeking procedural concessions from...

  • Five Counterfeit Hotspots in New York that Brand Owners Must Be Aware Of

    The issue of fake goods in New York City has been widely covered for a number of years. For example, earlier this year, the South China Morning Post looked at the “rising counterfeit market” in New York, especially around luxury goods. It pointed out a recent investigation from the US government that led to the...

  • China: New Trademark Law Will Come Into Effect on Nov. 1, 2019

    On April 23, the Thirteenth Standing Committee of the National People’s Congress passed the fourth amendment to the Trademark Law of China. The new trademark law will come into effect Nov. 1, 2019. The revisions are designed to curb bad faith filings, willful infringements and counterfeit commodities. Businesses with brand interests in China will have...

  • The US Supreme Court’s Ruling in American Pipe Does Not Extend to Allow Tolling of Statutes of Limitation in Successive Class Actions

    On Monday, the U.S. Supreme Court decided China AgriTech, Inc. v. Resh, No. 17-432, 584 U.S. __ (2018) and held that the American Pipe doctrine, which tolls the statute of limitations to permit members of a putative class to bring individual claims in the event class certification is denied, does not toll the statute of...

  • CFIUS Annual Report Shows Increased Focus on Chinese Investment

    The Committee on Foreign Investment in the United States (“CFIUS”), the inter-agency group that conducts national security reviews of foreign acquisitions of U.S. businesses, recently issued its Annual Report to Congress for Calendar Year 2012.  That reports show that China surpassed the United Kingdom in 2012 as the source for the largest number of foreign...

  • Feldman Says Trade Law Impedes Renewable Energy Development 贸易法阻碍再生能源发展

            Elliot Feldman delivered the Distinguished Alumni Lecture at the University of Chicago’s Center in Paris on February 5, 2013.  He explained how international trade law is impeding the development of renewable energy such as solar, wind, and electric cars, focusing on relations between China and the United States.  费德门博士于2013年2月5日在巴黎举办的芝加哥大学杰出校友论坛上发表演讲,详细分析国际贸易法如何影响中美关系以及可再生能源发展,例如太阳能、风能以及电

  • What You Don’t Know About Your Discovery Vendor Can Get You Sanctioned

    A recent decision out of the Northern District of Illinois serves as an important reminder to all counsel relying on e-discovery vendors. In Peerless Industries, Inc. v. Crimson AV, LLC, the defendant was found to have control over its China-based supplier and, in particular, over the supplier’s documents.  After the defendant’s 30(b)(6) witness was unable...

  • Feldman Lecture on U.S. Elections and China-U.S. Relations 费德门就美国大选、美中关系发表演讲

    After the November elections, Elliot Feldman lectured on their implications for China-U.S. relations at the University of Chicago Center in Beijing. The link to the lecture is here. It features video of the remarks by candidates Obama and Romney on China during the presidential debates. 总统大选结束后,费德门博士在芝加哥大学北京中心发表演讲,分析大选如何影响中美关系发展。他的讲座深入浅出、赢得听众阵阵掌声,他为讲座精心准备的短片也异常精彩。

  • China Adopts Privacy Legislation Strengthening Online Personal Data Protection

    Authorship Credit:  Tina Amin   China’s top legislature, the Standing Committee of the National People’s Congress, closed out 2012 with the approval of rules to enhance the protection of online personal information.  The “Decision of the Standing Committee of the National People’s Congress to Strengthen the Protection of Internet Data” (“Decision”), which took effect upon...

  • The U.S. Election and China-U.S. Relations 美国大选及美中关系

              Dr. Elliot J. Feldman last week led discussions on the U.S. presidential election’s impact on China-U.S. relations at the University of Chicago Center in Beijing, the Beijing Arbitration Commission, and two other fora in Shanghai and Guangzhou. The video clips he prepared from the presidential debates exposed substantial anti-China rhetoric but also more nuanced...

  • Challenges To Applying CVD Law To China Move Forward In U.S. Court 美国法庭继续探讨对中国使用反补贴法

    August 2012 was a busy month for challenges to the U.S. Department of Commerce (“Commerce”) imposing countervailing duties against China, and other non-market economies, while applying the non-market economy methodology in companion anti-dumping cases. On August 17, three Chinese companies filed briefs in the GPX case at the U.S. Court of International Trade (“CIT”), arguing...

  • Court Rejects NLRB’s Restrictive View of Class Action Waivers in Arbitration

    NLRB’s D.R. Horton Decision and Public Policy Cannot Undermine Concepcion – Morvant v. P.F. Chang’s China Bistro, Inc. A Northern District of California judge has held that neither the National Labor Relations Board’s (“NLRB”) decision in  D.R. Horton, Inc., 357 N.L.R.B. No. 184 (January 3, 2012), nor the Norris-LaGuardia Act, 29 U.S.C. §§ 101 et...

  • Lessons For China From Canada 中国可从加拿大身上汲取的经验

    中文请点击这里 The final part of “Nothing Unites The United States Congress Like China (And Not In A Good Way): Treating China Like Canada (Maybe Even Worse),” we present this week. It is called, “Lessons From Canada.” Part One, entitled “Rewriting Subsidies Law To Fit Chinese Facts,” was posted two weeks ago; Part Two, “The Broken...

  • The Broken Promise To China 对中国无法坚守的承诺

    中文请点击这里 This week we present Part Two of “Nothing Unites The United States Congress Like China (And Not In A Good Way): Treating China Like Canada (Maybe Even Worse).” It is entitled, “The Broken Promise To China.” Part One, entitled “Rewriting Subsidies Law To Fit Chinese Facts,” was posted last week. The Broken Promise To...

  • Driving Over The Brink 驶过边缘

    Two years ago, we reported that China was initiating an investigation, based on dumping and subsidy allegations, into imports of U.S. automobiles. We warned that the published petition was more a political than a legal document, telling a peculiar and nationalistic version of industrial history and concentrating on alleged subsidies, particularly for the development of...

  • The Sun Does Not Shine on Trade Policy: Hypocrisy in Technological Green 并非阳光普照的贸易政策:虚伪的绿色科技

    'green technology' 'green technologies' 'renewable energy' "solar cells" "wind power"

  • U.S. Appellate Court Rules That Commerce May Not Apply The Countervailing Duty Law To Non-Market Economies 美上诉庭裁定反补贴法不适用于非市场经济

    This blog reported on August 30, 2009 that Chief Judge Jane Restani of the U.S. Court of International Trade (“CIT”) ordered the U.S. Department of Commerce (“Commerce”) to revoke the countervailing duty (“CVD”) order on pneumatic off-the-road tires from the People’s Republic of China in a case titled GPX International Tire Corporation v. United States.  Her...

  • China Challenges US Continuation Of Practice Inflating Dumping Margins Through Zeroing Almost A Decade After The WTO Struck That Practice Down 中国挑战美国归零法,确为步WTO后尘

    China requested a WTO panel on October 13, 2011 challenging the U.S. practice of zeroing in the 2004 antidumping investigation involving warm water shrimp and the 2006 antidumping investigation of diamond saw blades. This challenge to the U.S. Department of Commerce’s (“Commerce”) practice of zeroing to inflate dumping margins is the 10th such challenge since...

  • China-U.S. Investment Forum 2011 2011美中投资论坛

    Editor’s Note: Dr. Elliot Feldman on October 5, 2011 presented the following speech at China-U.S. Investment Forum 2011. Our firm has published a treatise, in English and Chinese, entitled Mergers & Acquisitions in the United States: A Practical Guide for Non-U.S. Buyers. I am one of the authors and the overall editor. My status as...

  • Times Change 风水轮流转

    A year ago, American sentiment toward China, at least as expressed by many Members of Congress, was decidedly negative. Pending legislation included denunciations of China’s subsidization of exports and currency manipulation. Some Members of Congress wanted to restrict all Chinese imports. The slow American economic recovery was blamed to a significant degree on China. Now,...

  • As Fragile As A China Doll 脆弱的中国娃娃

    中文请点击这里 China As An Echo Of Japan Many Americans worry today about China much the way they worried about Japan over a quarter century ago. Then, Harvard scholar Ezra Vogel’s Japan As Number One: Lessons for America, extolled the virtues of a controlled economy in a tightly-wound bureaucracy. Vogel exhorted Americans to copy Japan, whose...

  • Unless It’s All Politics, China And The United States Should Tone It Down 若非空谈政治,美中都应放缓语调

    The World Trade Organization’s Appellate Body issued a report on March 11, 2011 in which the People’s Republic of China broke a skein of legal losses by recovering some of the ground taken by a WTO panel last autumn. The Chinese Government loudly celebrated a major victory, while U.S. Trade Representative Ron Kirk denounced a...

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