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Foreign Governments Join the Commercial Item Party

Client Alert | less than 1 min read | 05.20.19

On May 9, 2019, the FAR Council issued a proposed rule, which would amend the “nondevelopmental item” prong of the commercial item definition to include competitive sales to “multiple foreign governments” (in addition to sales to state and local governments, which the definition already includes). Comments on the proposed rule, which implements Section 847 of the National Defense Authorization Act for Fiscal Year 2018, are due July 9, 2019.

Insights

Client Alert | 3 min read | 04.22.26

Counterfeiting Litigation Targets Online Marketplaces

The landscape of counterfeiting litigation is shifting in ways that place online marketplace operators at the center of disputes from two directions. Brand owners are escalating efforts to hold platforms liable for counterfeit goods sold through their sites, while some marketplace operators have begun joining brand owners as co-plaintiffs to pursue counterfeiters directly. This dual role has significant implications for how platforms manage their legal exposure and their relationships with brand owners....