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Capabilities 78 results

Practice Area

International Trade

International trade is essential for the growth and development of global economies and businesses. As international trade has expanded and developed, so too have the myriad rules and regulations that govern it. The global compliance environment is becoming more complex by the day and can be difficult to navigate without the assistance of experienced counsel. Failure to comply with international trade rules and regulations—even if done so unwittingly—can lead to civil and criminal penalties, monitorships, consent agreements, debarment, reputational damage, substantial administrative burden, legal expense, and unsatisfied business objectives. Increasingly, there also is exposure for individual officers/directors, which can include monetary penalties and, potentially, jail time. ...Read more

Practice Area

Trade Secrets, Non Competes & Restrictive Covenants

Theft of trade secrets and other confidential information occurs all too frequently in today’s global, highly mobile, and competitive marketplace. In the course of advising clients, we have developed comprehensive, yet scalable, strategies for both mitigating against and responding to issues along the trade secrets protection spectrum, including helping position clients proactively before trade secrets theft occurs....Read more

Practice Area

ITC – Section 337

The United States International Trade Commission (ITC) is an increasingly popular venue for patent infringement litigation. More and more companies are seeking to halt importations of infringing products into the United States by turning to the ITC for expedited relief. Section 337 investigations conducted by the ITC provide complainants with a “fast track” to remedy IP matters that typically go to trial within 10 months. Since many Section 337 cases go to trial, selecting an ITC litigation team with a command of the technology, patent law, and specialized procedural practice is extremely important. We have handled more than 100 cases before the ITC....Read more

Insights & News 1,835 results

Competition Corner

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December 17, 2024

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9 Min Read

Trump’s Antitrust Strategy Continues to Take Shape with New FTC Picks

On December 10, President-elect Trump announced that he will elevate current FTC commissioner Andrew Ferguson to be the next Chair of the Federal Trade Commission. In a follow-up post, Trump also announced his selection of antitrust lawyer Mark Meador to serve as a new Republican FTC commissioner.

In the Media

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December 17, 2024

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1 Min Read

Richard Falek Discusses Merger Enforcement Under Trump’s FTC Pick with The Economist

Winston & Strawn partner Richard Falek discussed what merger enforcement will look like in the new year following incoming President Donald Trump’s pick for Federal Trade Commission (FTC) chair with The Economist. On December 10, Trump announced that Andrew Ferguson, who has been commissioner since April, will be the new chair of the FTC. It was also announced that Gail Slater will lead the antitrust division of the Department of Justice (DOJ)....Read more

Competition Corner

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December 16, 2024

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4 Min Read

Another Day, Another Withdrawal: FTC and DOJ Withdraw Decades-Old Antitrust Guidelines for Collaborations Among Competitors

In a manner that can fairly be described by now as “business as usual,” the Federal Trade Commission and the Department of Justice Antitrust Division issued a press release on Wednesday, December 11, announcing their decision to withdraw another key regulatory guidance document: the Antitrust Guidelines for Collaborations Among Competitors.  

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Other Results 67 results

Site Content

What Is a Trade Secret?

The United States Patent and Trademark Office refers to a trade secret as a type of intellectual property. This definition of trade secret is in reference to the business ownership of a formula, pattern, compilation, program, device, method, technique, or process that provides a competitive edge. As a member of the World Trade Organization, the U.S. government has a responsibility to protect trade secrets. The passage of the Defend Trade Secrets Act of 2016 (DTSA) also increased trade secret protection. Under the DTSA, an individual or organization may be found liable in a civil case for the misappropriation of trade secrets....Read more

Site Content

What Is Wash Trading?

Wash trading occurs when a buyer and seller collude to mislead the market and artificially inflate the value of a security without incurring any actual risk or changing the traders’ positions. The buyer and seller essentially send the security and cash back and forth, but only the initial sale is publicly reported, with the second exchange where the security and money are returned to their original owners happening surreptitiously. Wash trading was first banned by the federal government by the Commodity Exchange Act in 1936, but it has come under recent scrutiny again following the advent of high-frequency trading....Read more

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What Are Unfair Trade Practices?

The phrase unfair trade practices can be defined as any business practice or act that is deceptive, fraudulent, or causes injury to a consumer. These practices can include acts that are deemed unlawful, such as those that violate a consumer protection law. Some examples of unfair trade methods are: the false representation of a good or service; false free gift or prize offers; non-compliance with manufacturing standards; false advertising; or deceptive pricing....Read more
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