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The Federal Circuit's Decision in SKF and Constitutional Challenges to the Byrd Amendment

December 2, 2009

A panel of government and private sector practitioners will discuss the First Amendment and Equal Protection challenges to the Byrd Amendment as raised in SKF USA, Inc. v. United States Customs and Border Protection, 556 F.3d 1337 (Fed. Cir. 2009). The panel will discuss the litigation strategies of the parties as well as the lower court decisions upholding the challenges, the panel and dissenting opinions on appeal, and the petition for rehearing.

The panel will be moderated by Michael D. Esch of Wilmer Cutler Pickering Hale and Dorr LLP, and will include Franklin E. White of the U.S. Department of Justice, Mr. Michael T. Shor of Arnold & Porter LLP, and Mr. Joseph W. Dorn of King & Spalding LLP. Mr. White, Mr. Shor, and Mr. Dorn all participated in the appeal as counsel for parties with different viewpoints.

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