This week of September 16, Paris will play host to the biggest spectacle of the year (sorry, Olympics), the World Space Business Week. Attendees will come from around the world to discuss advancements in commercial space and global satellite infrastructure. However, it will be the representatives of Australian, UK, and U.S. companies that may have the most to talk about.
Continue Reading A (r)AUKUS Discussion in the Space Industry
In an effort to mitigate the risk of violence at work, New York Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (RWSA) on September 5, 2024. The law introduces stringent workplace violence prevention measures for retail employers, including the establishment of a workplace violence prevention plan, training program, and the installation of a panic button.
Continue Reading Safety First for Retailers — New York Boosts Retail Safety with Mandatory Workplace Violence Prevention Plans, Annual Training Requirements and Panic Buttons
On August 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the fee standards for patent term adjustment (PTA) requests. Before this announcement, all submitted requests for PTA were pending review. Since August 27, 2024, CNIPA has published five batches of decisions, granting PTA to 690 invention patents, marking the official implementation of PTA in practice. This development will allow more Chinese invention patents to benefit from protection beyond the standard 20-year term. Below is a brief overview of the PTA under China’s Patent Law.
Continue Reading China’s Implementation of Patent Term Adjustment
Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look forward to the next four years, we should also look back on antitrust enforcement under previous recent administrations. Much has been made of the more aggressive and public stance on antitrust enforcement under the Biden administration. The Federal Trade Commission (“FTC”) and the Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) have put forth several significant policy changes and proposed rules, including new merger guidelines
Continue Reading Antitrust Under Biden: Taking a Closer Look at the Numbers
On September 7, China’s Ministry of Commerce, the National Health Commission, and the National Medical Products Administration issued a notice announcing the expansion of pilot programs for foreign investment in the healthcare sector (the “Notice”), marking a significant relaxation of China’s long-standing restrictions on foreign investment in the healthcare industry.
Continue Reading China Expands Pilot Program for Foreign Investment in the Healthcare Sector
Leading up to the U.S. presidential election this November, our Antitrust & Competition team will offer thoughts and insights into what antitrust enforcement will look like under the next presidential administration. While there is at least some uncertainty regarding antitrust enforcement under either a Harris or Trump administration, there is no doubt that the current Biden administration has been extraordinarily active.
Continue Reading Election 2024 Coverage: Examining the Future of Healthcare and Antitrust
Yesterday, August 28th, the Federal Trade Commission (the “FTC”) and the Department of Justice Antitrust Division (the “DOJ”) (the “Antitrust Agencies”), together with the Department of Labor (the “DOL”) and National Labor Relations Board (the “NLRB”), signed a new agreement (the Memorandum of Understanding or “MOU”) that seeks to enhance the ability of the FTC and DOJ to investigate the impact of mergers and acquisitions on labor markets.
Continue Reading U.S. Federal Antitrust Agencies Announce Cooperation Initiative with Labor Agencies in Merger Review
In Samuelian v. Life Generations Healthcare, LLC, — Cal. App. 5th —, 2024 WL 3878448 (Cal. App. Aug. 20, 2024), the California Court of Appeal answered two long outstanding questions of California law concerning the enforceability of noncompetition agreements in the context of the sale of a business:
Continue Reading California Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition Agreement
On August 9, 2024, China’s State Administration for Market Regulation (SAMR) released a draft of the Anti-Monopoly Guidelines for the Pharmaceutical Sector (hereinafter referred to as the “AMGP”) for public comment. The AMGP is intended to supersede the Anti-Monopoly Guidelines for the Active Pharmaceutical Ingredient (API) Sector (hereinafter referred to as the “API Guidelines”) enacted in 2021, which focuses on the regulation of monopolistic behaviors in the API sector of chemical drugs. Compared to API Guidelines, the AMGP expands anti-monopoly regime to the entire pharmaceutical sector, including traditional Chinese medicine, chemical drugs, and biological products.
Continue Reading China Proposed New Anti-Monopoly Guidelines for the Pharmaceutical Sector
On August 8, 2024, the government of the Republic of Panama (“ROP”) gave notice that it would soon publish a request for expressions of interest for the purpose of obtaining a short list of qualified international companies with proven experience in the development, operation, and maintenance of airport facilities to submit proposals for a single concession to develop and operate three regional airports. The airports located in Colon (Colon Province), Rio Hato (Coclé Province), and David (Chiriquí Province) are key for the continued development of the country and are strategically situated in areas dedicated to agricultural production, tourism, and the
Continue Reading Panama Announces Intent to Offer Concessions to Operate Regional Airports
More than two years after announcing the first round of settlements in the ongoing “off-channel communications” probe, the SEC recently announced another round of settlements with 26 financial firms, totaling $390 million in fines. These most recent settlements are notable for two reasons: (1) they include the SEC’s second settlement with an entity operating solely as a registered investment adviser (“RIA”) with no associated broker-dealer, and (2) the SEC has again explicitly noted that companies that self-reported obtained lower fines.
Continue Reading Latest Round of SEC “Off-Channel” Communications Settlements Highlights Risks for Investment Advisers and Benefits of Self-Reporting
On August 22, 2024, the United States Department of Justice (DOJ) filed a Complaint-In-Intervention (the “Complaint”) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC). The 99-page DOJ Complaint alleges the defendants knowingly failed to meet contractual cybersecurity requirements in connection with various Department of Defense (DoD) contracts. The suit raises claims under the False Claims Act and federal common law (including fraud, negligent misrepresentation, breach of contract, unjust enrichment, and payment by mistake). This is the latest DOJ activity relating to its Civil Cyber Fraud Initiative (announced in October 2021), which we previously have
Continue Reading DOJ Sues Georgia Tech Entities for Cybersecurity Failures in the Latest Civil Cyber Fraud Initiative (CCFI) Activity
In Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024), the United States Supreme Court (Roberts, J.) held that the Administrative Procedure Act (APA) requires courts to independently determine whether an agency has acted within its authority. The Supreme Court’s decision marks a departure from the highly deferential relationship developed between courts and administrative agencies over the last forty years. By overruling the precedent set by Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.[1] (“Chevron”), the Loper Bright decision has cleared the way for the judiciary to interpret ambiguous statutes with more autonomy than we
Continue Reading Farewell, Chevron: Navigating Corporate Regulation Under Loper Bright
On July 3, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas entered a limited, preliminary injunction barring the Federal Trade Commission (“FTC”) from enforcing its controversial Final Rule (“Rule”) which purports to ban almost all non-compete agreements. Importantly, Judge Brown’s preliminary order only enjoined enforcement of the Final Rule against the named plaintiffs who opposed it. On August 20, 2024 – just two weeks before the Rule’s effective date – Judge Brown greatly expanded the scope of her initial ruling by granting summary judgment for the plaintiffs and ordering the Rule be completely “set aside”
Continue Reading Final Word on Final Rule? Texas District Court Eviscerates FTC’s Non-Compete Ban
Since its implementation in 1995, the Arbitration Law of China (the “Current Arbitration Law”) has not undergone significant revisions, despite the substantial development in international arbitration practices. However, in 2021, the Chinese government started to formulate amendments to the Current Arbitration Law. On July 31, 2024, the Draft Amendment to the Arbitration Law (the “Draft Arbitration Law”) was approved by the Standing Committee of the State Council of China (the “State Council”). The Draft Arbitration Law is anticipated to come into effect in 2025 after legislative review.
Continue Reading Highlights of the Draft Amendment to the Arbitration Law of China
In December 2023, President Biden signed the new Foreign Extortion Prevention Act (FEPA), closing a gap in the Foreign Corrupt Practices Act (FCPA) by criminalizing the “demand side” of foreign bribery. While the FCPA prohibits offering or paying bribes to foreign government officials, the FEPA made it illegal for foreign officials to solicit or accept bribes from U.S. entities or individuals. Less than a year after its enactment, Congress has quietly passed significant amendments to the new law, with the stated goal of removing “inconsistencies between the language of the FCPA and the FEPA [b]ecause these statutes are intended to be complementary, with
Continue Reading Congress’s Recent “Technical” Amendments to the Foreign Extortion Prevention Act Change Key Aspects of the New Law