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Practice Area
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.
Practice Area
Bankruptcy Litigation & Investigations
Large corporate bankruptcies and companies in financial distress often spawn a complex web of claims by lenders, trustees, debtors, creditors, creditors’ committees, investors, shareholders, and other constituents. Attorneys in Winston & Strawn’s complex commercial litigation group and restructuring and insolvency group—both ranked in Tier 1 by Best Law Firms®—serve as trusted advisors and resolute advocates to protect clients’ business interests and assets in multifaceted Chapter 11 cases and bankruptcy-related disputes.
Practice Area
Government Investigations, Enforcement & Compliance
Recognized for “Corporate Crime & Investigations: Highly Regarded – Nationwide” by Chambers USA in 2024, Winston’s Government Investigations, Enforcement, and Compliance Practice assists individuals, companies, and organizations with government investigations and enforcement matters; related criminal and civil litigation; trials; appeals; congressional oversight; internal investigations; and compliance counseling and program development and enhancement. We are comprised of 80+ litigators, with more than a dozen former prosecutors from the SEC, Main Justice, and U.S. Attorneys’ Offices nationwide, including two former U.S. Attorneys, Regional Supervisors, and the former Chief of IRS Criminal Investigations, and a former Acting Assistant Attorney General, ENRD, DOJ. We are known for our zealous advocacy, our unyielding commitment to our clients, and for protecting and defending clients’ interests with legal acumen that’s second to none.
Experience 22 results
Experience
|November 8, 2023
$525 Million Delmarva Power & Light Company Private Placement of First Mortgage Bonds
Experience
|September 13, 2023
US$100M Potomac Electric Power Company Private Placement of First Mortgage Bonds
Insights & News 2,239 results
Press Release
|November 21, 2024
|3 Min Read
Chicago – November 21, 2024 – Special Prosecutor Dan K. Webb issued the statement below following the Illinois Supreme Court’s decision today overturning the convictions and sentence of Jussie Smollett based on a finding that the Cook County State’s Attorney’s Office entered into a “non-prosecution agreement” with Mr. Smollett. All of this conduct happened 5 months prior to the appointment of Dan K. Webb as Special Prosecutor:
Capital Markets & Securities Law Watch
|November 21, 2024
|3 Min Read
SEC Announces Enforcement Action Against Gatekeepers
Recent enforcement actions targeting a CEO, CFO, and an audit committee chair underscores the SEC's focus on gatekeeper accountability.
Sponsorship
|November 19, 2024
Winston’s Financial Services Industry Group is a proud sponsor of the Tenth Annual Government Investigations & Civil Litigations Institute (GICLI) Meeting in Fort Lauderdale, FL.
Other Results 43 results
Site Content
What Is the Domestic Industry Requirement?
The domestic industry requirement for Section 337 investigations at the U.S. International Trade Commission (ITC) mandates that a complainant asserting patent infringement at the ITC, or complainant’s licensee, has made in the United States significant investments in plant and equipment, significant investments in labor or capital, or substantial investments in engineering, research and development, or licensing. The investments must further be directed to articles that practice a valid claim of the asserted patent. The investment component of the requirement is referred to as the “economic prong,” while the requirement that the article practices the asserted patent is referred to as the “technical prong.” The domestic industry requirement is codified in 19 U.S.C. § 1337(a)(2)-(3).
Law Glossary
A safe harbor is a legal provision in a statute or regulation that provides protection from a legal liability or other penalty when certain conditions are met.
Law Glossary
What Is the Uyghur Forced Labor Prevention Act (UFLPA)?
According to U.S. Customs and Border Protection, the Uyghur Forced Labor Prevention Act (UFLPA) “establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities, is prohibited by Section 307 of the Tariff Act of 1930 and that such goods, wares, articles, and merchandise are not entitled to entry to the United States”... “The UFLPA also requires the interagency Forced Labor Enforcement Task Force, chaired by the Secretary of Homeland Security, and in consultation with the Secretary of Commerce and Director of National Intelligence, to develop and submit to Congress a strategy for supporting CBP’s enforcement of Section 307 of the Tariff Act of 1930 with respect to goods, wares, articles, and merchandise produced with forced labor in the People’s Republic of China.”