ITC Clarifies Duty Of Respondents After Corporate Restructure

Law360, (December 3, 2018, 1:35 PM EST) -- In its recent order in Certain Subsea Telecommunications Systems and Components Thereof, the U.S. International Trade Commission clarified the duties of parties when a corporate restructure takes place after a complaint is filed but before an investigation is instituted.[1] According to the ITC, the respondents have a duty to act reasonably and must update the complainant and the commission as to the change of status of any of the respondents. Any new entities formed due to the merger of named respondents inherit the named respondents’ position as a respondent to the investigation. Moreover, the respondents have a duty to provide discovery responses consistent with the new identities.