International Trade Bulletin - Volume 1, Issue 15
Client Alert | 2 min read | 10.04.06
Inside this issue:
- ANTITRUST IN THE SPOTLIGHT
- EUROPE IN THE SPOTLIGHT
- Enlargement to the EU-27: The European Commission confirms that Bulgaria and Romania may enter the European Union as of 1 January 2007
- Compensation for U.S. Corporations Stemming from EU Enlargement: The Office of the U.S. Trade Representative (“USTR”) is requesting U.S. exporters of goods and services to notify them of any adverse commercial implications that may arise as a result of the accession of Bulgaria and Romania to the European Union
- INTELLECTUAL PROPERTY: Divisions at the World Intellectual Property Organization May Halt Work on Global IP Reform
- SANCTIONS: With news reports of Iran's continuing defiance of UN demands to cease enrichment activity, and with negotiations dragging on with no schedule or framework, Congress has moved to increase the pressure on Iran, approving legislation just before departing for the election recess
- FREE TRADE AGREEMENTS: Japan Continues to Expand Its Free Trade Agreements (FTA) Network. Is a U.S.-Japan FTA on the Horizon?
- REGULATORY: Reversal of India's Coke and Pepsi Ban Raises Investment Questions
- MARKET ACCESS: The EU uses China's WTO Transitional Review Mechanism exercise as an opportunity to tackle barriers to trade for European industries and enterprises
- GAMBLING: U.S. legislation that has been declared inconsistent with WTO rules by the WTO Appellate Body does not prevent criminal charges being brought against private individuals promoting gambling over the Internet
- TRADE-IN SERVICES: The EU has reached an agreement with seventeen other World Trade Organization (“WTO”) members on binding EU commitments for trade in services
- CUSTOMS CLASSIFICATION: Part 3: After Doha: Practical Approaches for Cutting the Costs of Trade - Classification Review Update: Importers Winning Classification Cases in the CIT
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
