International Trade Bulletin - Volume 1, Issue 16
Client Alert | 2 min read | 10.18.06
Inside this issue:
- TRENDS IN TRADE REMEDIES IN THE SPOTLIGHT
- U.S. Trade Remedy Investigation: Since the late 1970's, U.S. industry has relied on the antidumping law to guard against imports sold at less than fair value and the countervailing law to guard against imports bolstered by certain government subsidies
- EU Antidumping Investigations: With more than two and a half months still remaining before the end of the calendar year, the European Union is on track to establish a seven year high for new anti-dumping investigations
- EUROPE IN THE SPOTLIGHT
- Three Pillars to Form Future Focus of EU Trade Policy: The European Union has announced that bilateral trade agreements, protection of intellectual, property rights in third countries and a reinforced market access strategy are to be the building blocks of future EU trade policy
- Allocation of EU Top Level Domain Names Under Attack: EURID, the European authority for .eu domain names, has announced that it has released 74,000 domain names that it had previously decided to withhold on the grounds that the names were not rightfully registered
- INTELLECTUAL PROPERTY: The United States, the European Union and Japan express serious concerns over China's IPR protection activities prior to upcoming WTO review
- FREE TRADE AGREEMENTS: The upcoming elections may spell trouble for the Bush administration's free trade agenda
- SANCTIONS: United States sets up Cuba Sanctions Enforcement Task Force to crack down on Cuba sanctions infringements and violations
- FCPA: U.S. extends its long jurisdictional arm to enforce the Foreign Corrupt Practices Act abroad
- CUSTOMS CLASSIFICATION: After Doha: Practical Approaches for Cutting the Costs of Trade
- OUTSOURCING: India's outsourcing industry has come under fire for a number of security breaches involving bank and other confidential information which highlights some of the dangers of outsourcing
- PRIVACY: EU and U.S. authorities finally reach an interim agreement bringing closure (at least for now) to the stand-off on EU-US Passenger Name Record (PNR) data transfers
- CROWELL & MORING NEWS: European Commission, DG-Trade, adopts Crowell & Moring Report on the EU's Market Access Database
Contacts
Insights
Client Alert | 5 min read | 12.12.25
Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality
On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument.
Client Alert | 8 min read | 12.11.25
Director Squires Revamps the Workings of the U.S. Patent Office
Client Alert | 8 min read | 12.10.25
Creativity You Can Use: CJEU Clarifies Copyright for Applied Art
Client Alert | 4 min read | 12.10.25
Federal Court Strikes Down Interior Order Suspending Wind Energy Development
