ITC Conducted Two APO Breach Investigations in FYs 2020, 2021
The International Trade Commission conducted one administrative protective order (APO) breach investigation each in FY 2020 and FY 2021, it said in a notice released Dec. 17 detailing its APO rules and investigation process. While the FY 2021 breach involved a Section 337 investigation, the FY 2020 occurred during an ITC antidumping and countervailing duty injury investigation, the commission said.
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According to the notice, a supervisory attorney at a law firm directed his staff to provide two APO releases containing confidential information to consultants prior to the filing of the consultants’ APO amendment application, the notice said. Though the supervisory attorney had directed his legal assistant to file the application, the assistant did not file it due to technical issues and did not inform anyone that she never completed the filing.
The ITC declined to issue sanctions, instead sending a warning letter. Aggravating factors included that the opposing counsel, not the offending firm, notified the ITC of the breach, and that the firm waited 12 days before reporting it. Mitigating factors included that the breach was unintentional, the supervisory attorney had not previously been found in breach of an APO, and the firm implemented new procedures to prevent similar breaches in the future.