Christine Lehman Discusses ITC Domestic Industry Scrutiny with Bloomberg Law

RJLF partner Christine Lehman was quoted in Bloomberg Law's article, "High Court Petition Increases Scrutiny on Import Ban Requirement," which examines the heightened scrutiny on the ITC's domestic industry requirement.

“The domestic industry requirement was much easier to meet” in the 1990s, said Lehman, who worked as an investigative attorney at the ITC during that time. She noted that, in the past, parties didn't rely on economic experts to establish domestic industry, but "now everybody does." Cases at the quasi-judicial agency have gotten more expensive, she added. “People used to stipulate to domestic industry more often,” she said. “But there is enough uncertainty on the issue that it’s now typically very hotly litigated.”

According to Lehman, efforts post-Loper to curb the ITC are "muddier" compared to the challenges faced by agencies that adopt broader interpretations of their jurisdiction or take stances that receive more pushback.

“When you look at even the cases that are pending right now, there are lots of different domestic industry nuances, and I don’t think the ITC has consistently tried to read the domestic industry standard in a really broad way,” Lehman said. “Sometimes they take a very narrow view.”

 Read the full article here on Bloomberg Law.