The US Department of Commerce (Commerce) treats the People’s Republic of China (PRC) as a non-market economy (NME) country. As a result, Commerce previously refused to apply the countervailing (i.e., anti-subsidy) law of the US to PRC imports.

The Respondent in the case, Gilbert Hyatt, was a California resident who moved to Nevada.

In an 8-1 ruling issued March 26, the U.S. Supreme Court reversed the Tenth Circuit and sided with the U.S. government in finding that sovereign immunity bars bankruptcy trustees...

The Federal Circuit recently affirmed the PTAB's decision that tribal immunity cannot be asserted in an IPR (Saint Regis Mohawk Tribe v. Mylan Pharma Inc., Case No. 2018-1638 (Fed. Cir. July 20, 2018).

Last June, Senator Chris Coons (D-DE) and several co-sponsors introduced the Support Technology & Research for Our Nation's Growth and Economic Resilience (STRONGER) Patents Act of 2017 ...

This ruling may have eliminated the practice of transferring patents to Native American tribes for immunization from IPR proceedings.

Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions.

The U.S. Supreme Court's busy intellectual property term (with six copyright and trademark cases) rolls on. On March 23, SCOTUS ruled in Allen v. Cooper, 589 U.S.

In Allen v. Cooper, No. 18-877, 589 U.S. ____ (2020), the U.S. Supreme Court affirmed that the Copyright Remedy Clarification Act of 1990, known as CRCA...

It's an old aphorism that "you can't fight City Hall." Now it's time to add a related aphorism: "you can't sue the government under the federal Defend Trade Secrets Act (DTSA)...

It's an old aphorism that "you can't fight City Hall."

WilmerHale partners analyze three pivotal Supreme Court rulings from the 2025-2026 term that reshape the landscape for transnational litigation, examining how these decisions affect corporate liability...

In this era of widespread government success in the FCA arena, the Williams decision provides some comfort to FCA defendants that have begun to feel that they have little recourse as DOJ seeks to employ overly aggressive or unfounded theories of liability.

The United States Supreme Court recently declined review of the First Circuit Court of Appeals' ruling that the University of Massachusetts Medical School was an "arm of the state,"...

On June 3, the U.S. District Court for the Southern District of Florida declined to dismiss certain claims brought by Colombian plaintiffs against Chiquita Brands International ("Chiquita") alleging that the company knew, or should have known, that its material support for the United Self-Defense Forces of Colombia ("AUC"), a paramilitary organization, would lead to the death or torture of their family members.

The court held that the Executive Branch's decision to criminally prosecute a foreign state-owned entity for commercial activity is entitled to deference and thus strips...

The First Appellate District held that tribal sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe.

Petitioners claim that the power plant polluted the air, land, and water in the surrounding area.

In the early hours of March 8, 2014, Malaysia Airlines Flight MH370 disappeared somewhere over the Southern Indian Ocean.