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James R. Barney

Still the One

July 2013

Corporate Counsel

This article examines the staying power of the U.S. International Trade Commission. Some court-watchers have declared the venue “is losing its luster as the go-to forum for international trade disputes,” but Corporate Counsel found “the evidence belies that claim.” Finnegan partners Christine E. Lehman and Smith R. Brittingham, IV provided commentary on the “attractiveness” of the court. “The ITC continues to interest a lot of our clients,” said Lehman, a former ITC investigative attorney. “The International Trade Commission is not going away.” Brittingham, a former senior investigative attorney with the ITC’s Office of Unfair Import Investigations, explained “The ITC is powerful because it has the potential to issue an exclusion order—an injunction-style remedy. That threat also pushes parties toward settlement.”

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