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Administrative Procedure Act International Trade Commission (ITC) Government Agencies

Bradley Arant Boult Cummings LLP

Jurisdictional Boundaries of the Federal Circuit in ITC-Related Matters Are Limited

In Realtek Semiconductor Corporation v. ITC (23-1187), the Federal Circuit concluded that it lacked jurisdiction to decide whether the International Trade Commission (ITC) correctly denied Realtek’s motion for sanctions...more

McDermott Will & Emery

No APA Review of Commission Refusal to Issue Sua Sponte Show Cause Order

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit dismissed an appeal challenging a US International Trade Commission decision that upheld an administrative law judge’s (ALJ) order, ruling that such an order was within the...more

ArentFox Schiff

Deference in Trade Cases Post-Chevron: The Loper Bright SCOTUS Decision

ArentFox Schiff on

On the penultimate day of its term, in Loper Bright v. Raimondo, the US Supreme Court overturned Chevron deference, which required that courts defer to a federal agency’s interpretation of the relevant law, as long as that...more

Morrison & Foerster LLP

Chevron Overruled and SEC Enforcement Cabined: Any Impact at the ITC?

For nearly 40 years, when a court found that a statute was ambiguous, it deferred to the reasonable interpretation of the federal agency administering the statute. This principle—known as Chevron deference, after the 1984...more

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