INDUSTRY-ANALYSIS

DOJ Trade Fraud Task Force Revisits FDCA Charges

The DOJ's Trade Fraud Task Force, established six months ago, has announced its leading prosecutorial partner, the U.S. Attorney's Office for the Northern District of Illinois. This move signals an increased focus on enforcing the Federal Food, Drug, and Cosmetic Act (FDCA) in trade fraud cases, building on past successful prosecutions involving honey import schemes.

CNIPA Stops Notifying Local Agents for Madrid Designations

The Chinese National Intellectual Property Administration (CNIPA) has ceased notifying local Chinese trademark agents for international trademarks designating China via the Madrid System. CNIPA now only serves the WIPO-recorded representative or the trademark holder directly, requiring proactive monitoring by rights holders and their representatives to avoid missing response deadlines.

EU Commission Proposes Industrial Accelerator Act

The European Commission has proposed the Industrial Accelerator Act (IAA) to bolster the EU's industrial base, aiming to increase manufacturing's GDP share to 20% by 2035. The act targets challenges like high energy costs and regulatory hurdles, seeking to enhance resilience and strategic autonomy.

Omnibus I Directive Amends EU Sustainability Reporting and Due Diligence

The EU's Omnibus I Directive, amending the Corporate Sustainability Reporting Directive (CSRD) and Corporate Sustainability Due Diligence Directive (CSDDD), has been published in the Official Journal. This directive aims to streamline sustainability reporting and due diligence obligations for businesses operating within the EU.

Cross-Border ESI Transfers: Regulatory Challenges and AI Impact

This notice discusses the evolving regulatory challenges surrounding cross-border transfers of electronically stored information (ESI) for litigation. It highlights the complexities arising from data privacy laws, discovery obligations, and the impact of AI and cloud computing, with a panel discussion scheduled for March 11, 2026.

US and Mexico Coordinate Sanctions on Cartel Timeshare Fraud

The US Treasury's OFAC and Mexico's SHCP have coordinated sanctions against five individuals and 19 entities involved in timeshare fraud linked to the CJNG cartel. This action builds on previous designations and aims to combat cartel-linked financial crimes.

Court Orders Refund of Invalidated IEEPA Tariffs

The Court of International Trade (CIT) has ordered U.S. Customs and Border Protection (CBP) to halt liquidation of invalidated IEEPA tariffs and begin unwinding assessed duties. This broad order in Atmus Filtration, Inc. v. United States aims to provide relief to all importers of record, including those who did not file their own refund actions.

US Directs Dismantling of Criminal Cartels in Western Hemisphere

The US government has issued an executive order directing federal agencies to dismantle criminal cartels and transnational gangs operating in the Western Hemisphere. The order mandates coordination with allied governments, military training for partner nations, and the use of all legal authorities to counter cartel-driven violence and corruption.

Importers Eye IEEPA Tariff Refunds After Supreme Court Ruling

Following a Supreme Court ruling that President Trump's IEEPA tariffs were unlawful, importers are seeking refunds. The administration plans to complicate the refund process, leaving the Court of International Trade to handle thousands of cases. The CIT has issued an initial order confirming importers' entitlement to refunds.

EU Proposes Industrial Accelerator Act for Public Procurement and Funding

The European Commission has proposed the Industrial Accelerator Act (IAA), which would introduce EU origin and low-carbon content requirements for public procurement and public funding. The proposal aims to boost the EU's manufacturing share and includes conditions for foreign direct investments in key sectors.