Alice Alexandra Kipel

Partner

• akipel@steptoe.com
• vCard
• Washington Office

Alice Kipel is a partner in the Washington office of Steptoe & Johnson LLP, where she is a member of the International Department and Intellectual Property group. She focuses on international trade matters, chiefly those involving trade remedies directed at imports into the United States and other countries, such as China.   

Ms. Kipel has been involved in all facets of administrative trade remedy proceedings, including antidumping, countervailing duty, and safeguard cases, at both the US International Trade Commission and the US Department of Commerce. She has also counseled clients involved in trade remedy investigations in other jurisdictions, including China. Further, Ms. Kipel has extensive experience in litigation before the US International Trade Commission in actions arising under Section 337 of the Tariff Act of 1930, as amended (unfair import practices), and is an active participant in bar activities in the field, including publication of articles regarding Section 337. She is a member of the Executive Committee of the International Trade Commission Trial Lawyers Association.

A significant portion of Ms. Kipel’s professional experience has entailed appearing in appellate proceedings before the US Court of International Trade and the US Court of Appeals for the Federal Circuit, stemming from Title VII and Section 337 cases, as well as actions taken by US Customs & Border Protection. Additionally, Ms. Kipel has handled a variety of matters before Customs, such as procedures to record and enforce copyrights and trademarks, penalty proceedings, settlement of claims, as well as country of origin, classification, and other issues.

Ms. Kipel’s focus on administrative proceedings has also included the preparation and submission of comments to the International Trade Commission and Commerce Department regarding rulemaking proposals.  Further, she has had substantial involvement in drafting and commenting upon rule proposals affecting practice before the Court of International Trade.  Ms. Kipel currently serves as Chair of the Court of International Trade’s Advisory Committee, which is authorized by statute to assist the court in rulemaking and other procedural matters.

Ms. Kipel is also an active participant in the firm’s pro bono representations.  She has helped clients obtain political asylum in the US and has represented individuals seeking relief in Trade Adjustment Assistance (TAA) cases before the Court of International Trade.

Selected Articles

• Digging Deeper on Dumping
  November 22, 2010, The Journal of Commerce
• How to Start From Behind and Finish Ahead: Section 337 From a Respondent's Perspective
  September 12, 2005
• Intellectual Property Weapon of Choice, Customs Agents Work for You under Little Known Law
  July 2004, Executive Counsel 
• Special and Differential Treatment for Developing Countries
  The 77-page chapter authored by Ms. Kipel addresses the special treatment accorded to developing countries under various multilateral trade agreements and US international trade laws (e.g., the Generalized System of Preferences).
  1996, The World Trade Organization--The Multilateral Trade Framework for the 21st Century and US Implementing Legislation, ABA
• Co-author, “The Standard of Review Applied by the United States Court of Appeals for the Federal Circuit in International Trade and Customs Cases"
  This article addresses the standards of judicial review relevant to international trade and customs cases, and questions the wisdom of reapplication by the Federal Circuit of the same standard of review applied by the Court of International Trade.
  1996, 45 Am. U. L. Rev. 1749  

Noteworthy

• Named in Chambers Global 2008 - 2011: The World's Leading Lawyers for Business as a leading attorney in International Trade: Intellectual Property: Section 337 (US) 
• Named in Chambers USA 2009 - 2011: America’s Leading Business Lawyers as a leading attorney in International Trade: Intellectual Property: Section 337 (Nationwide)
• Recommended by Legal 500 US 2011 for Patent Litigation: International Trade Commission
• Served as a Final Round Judge at the 40th Annual Niagara International Moot Court Competition sponsored by the Canada-United States Law Institute.

Select News & Events

• Steptoe Receives 13 Practice, 45 Individual Mentions in Legal 500 United States 2011
• Steptoe Receives 10 Practice, 24 Individual Mentions in Chambers Global 2011
• Steptoe Receives 18 Practice, 56 Individual Mentions in Chambers USA 2011
• "Advisory Committee Update," 15th Judicial Conference of the United States Court of International Trade, November 19, 2010
• Steptoe Trade Team Successfully Challenges Commerce Department Dumping Margin Calculations
• Chambers USA Honors 18 Steptoe Practices and 41 Attorneys
• "Promoting Innovation" Workshop at US Patent and Trademark Office, May 26, 2010
• Live at the ITC: Second Annual Forum on Section 337 of the Tariff Act of 1930, April 29, 2010
• Chambers Global Honors Nine Steptoe Practice Areas and 20 Attorneys
• "Bench & Bar Dialogue" at the 2010 International Trade Update at the Georgetown University Law Center in Washington, DC, February 25, 2010
• “Evaluating Where to Litigate International IP Disputes” at the ACI's 2nd Expert Forum on ITC Litigation & Enforcement, February 24, 2010
• The Federal Circuit's Decision in Kyocera and Its Impact on Remedies in Section 337 Proceedings, April 7, 2009

Selected Publications

• Effects of the America Invents Act on International Trade Commission Section 337 Proceedings
  December 13, 2011
• Motions to Compel Plant Inspections Are Not Automatically Granted in ITC Section 337 Proceedings
  October 24, 2011
• Balancing Funding by Role Reduction for OUII in ITC 337 Cases
  August 4, 2011
• Section 337 Update: Prosecution Bar Denied for Failure to File Timely Motion
  February 28, 2011
• ITC Report Details Intellectual Property Concerns of Companies Operating in China
  December 22, 2010
• Documents Created in Contemplation of Litigation Are Not Always Protected by the Work-Product Doctrine
  December 16, 2010
• Digging Deeper on Dumping
  November 22, 2010, The Journal of Commerce
• Claim Construction Rulings Are Not Immediately Reviewable in ITC Section 337 Proceedings
  November 10, 2010

More Publications »

Professional Affiliations

• American Bar Association
• Federal Circuit Bar Association, Board Member
• International Trade Commission Trial Lawyers Association, Board Member