Overview
Law360 quoted Eric Emerson in a February 24 article titled “Trade Bar Needn’t Sweat Over Rise in Commerce-Led Cases.” The article discusses how, under the Trump administration, the US Department of Commerce is hoping to revive the long-dormant practice of self-initiating cases on behalf of beleaguered domestic companies.
Mr. Emerson says that the mere act of the Commerce Department bringing a tariffs case does not erase the legal elbow grease necessary both before and after that has taken place, and that trade attorneys need not worry about being displaced by the government in this regard. "If you imagine the total amount of work that goes into every investigation from both petitioners and respondents, self-initiation would affect only a small percentage of that total. Respondents are still in for the full amount, and the petitioners are still in for the vast majority of the amount."
The full article can be read at Law360 (subscription required).
