quinn emanuel
quinn emanuel urquhart & sullivan, llp | business litigation report
INSIDE
Second Circuit Provides
Much-Needed Guidance to
ISPs Seeking DMCA Safe
Harbors for New Technologies
Page 4
Practice Area Updates:
Asia-Pacic Update
Page 7
Trial Practice Update
Page 7
Leading White Collar Attorney
Richard Smith Joins Quinn
Emanuel’s D.C. Ofce
Page 9
Victory in International Trade
Dispute
and Other Victories
Page 10
Attorney Advertising
November 2016
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(continued on page 2)
Second Circuit: International Comity Precludes Antitrust Liability of Chinese
Manufacturers for Conduct Mandated by Chinese Law
On September 30, 2016, the U.S. Court of Appeals
for the Second Circuit issued its decision in In re
Vitamin C Antitrust Litigation, No. 13-4791-cv,
reversing a $147 million judgment against Chinese
vitamin C manufacturers on international comity
grounds. e Second Circuit held that the district
court should have given deference to an amicus brief
led by the Chinese Government stating that the
conduct accused in the complaint was mandated by
Chinese law, and that the lower court should have
abstained accordingly from asserting jurisdiction
over the case. e plaintis have since led a petition
for rehearing en banc, which is pending as of this
writing. e decision has garnered considerable
attention in both the U.S. and China (where it
was hailed as a victory for Chinese companies over
the extraterritorial application of U.S. laws), but
its practical import may be tempered by recent
developments in Chinese law and policy and the
distinction of an unprecedented appearance by the
Chinese Government as amicus curiae supporting the
defense of sovereign compulsion.
e case involved claims brought by U.S. purchasers
of vitamin C against Chinese manufacturers pursuant
to the Sherman and Clayton Acts, alleging that the
defendants conspired to x prices and limit supplies
of vitamin C sold on the international market
in 2001 to 2005. Although the defendants were
Leading White Collar Attorney Richard Smith Joins Quinn
Emanuel’s D.C. Ofce
see page 9
Quinn Emanuel Recognized for Role in Cutting Edge Copyright
and Trademark Cases
e rm’s Copyright and Trademark practice areas, have recently been recognized in
a series of articles by Law360. e rm’s victory for Vimeo in Capitol Records, LLC v.
Vimeo, LLC—establishing that the Digital Millennium Copyright Act's “safe harbor”
provisions shield sites like Vimeo from liability when users post videos that include
pre-1972 sound recordings—was named one of the “Top ree Copyright Rulings of
the Year (to date).” In addition, Fox News Network, LLC v. TVEyes, Inc., in which the
rm represents media-monitoring service TVEyes, was named a “Copyright Case to
Watch in the Second Half of 2016” and identied as likely to be “the next must-read
ruling on the fair use doctrine.” Finally, the rm’s trademark case Pro-Football, Inc.
v. Blackhorse was named one of Law360’s “Trademark Cases to Watch in the Second
Half of 2016.” e case concerns whether Section 2(a) of the Lanham Act—which
prohibits the registration of trademarks that “may disparage”—is unconstitutional
under the First Amendment.
Q
Diane Doolittle and Victoria Maroulis Named Top Women
Lawyers
Diane Doolittle and Victoria Maroulis were named 2016 “Women Leaders in Tech
Law” by e Recorder. is annual award recognizes the achievements of lawyers whose
work focuses on technology issues. Ms. Doolittle and Ms. Maroulis were selected from
a pool over 120 nominees as lawyers who represent clients in the cases with the highest
stakes and most impactful results. In addition, Ms. Doolittle was also named to e
Daily Journal’s “Top Women Lawyers in California”list, which recognizes women who
have demonstrated excellence as both lawyers and leaders in California.
Q
