Transportation

US:

H.R. 6167 (Shipping Act of 2010) would eliminate anti-trust immunity for parties to ocean carrier agreements (27 ITR 1477; 10/01/2010).

Intellectual Property:

US:

Energy drink maker Red Bull GmbH received a supporting order from the US International Trade Commission prohibiting the importation of unauthorized Red Bull energy drink products ("gray goods") into the United States (In The Matter Of Certain Energy Drink Products, ITC, No. 337-TA-678, 9/8/10; 27 ITR 1490; 10/01/2010).

Government Procurement:

US:

The Oversees Contractor Reform Act (H.R. 5366) would debar a contractor within 30 days of a final judgment for violation of the Foreign Corrupt Practices Act (FCPA) (27 ITR 1428; 9/23/2010).

Immigration

US:

The USCIS HQ issued a template for standardization of processing Requests For Evidence (RFEs) for Employment Based (EB-1) immigration petitions (Alien of Extraordinary Ability/ Form I-140) (87 IR 1738; 9/6/2010).

The U.S. Court of Appeals reversed a decision by the Federal District Court which had upheld the State Department's termination of the visa registration of the plaintiff pursuant to INA Section 203(G) on the grounds that the State Department did not provide direct notice of its termination action to the alien beneficiary and therefore was procedurally defective (Singh v. Quentin, 2010 WL 3274493) 2010) (87 IR 1746; 9/6/2010).

The U.S. District Court upheld the five factors referenced in the USCIS Neufeld memorandum "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" noting that the five factors listed in the memorandum were consistent with the regulation and did not violate the Administrative Procedures Act (Broad Gate, Inc., v. USCIS, 2010 WL 3191800 (DDC) 8/13/2010; 87 IR 1647, 8/23/2010).