In the Law360 article “Feds’ PACER Gaffe Doesn’t Mean A Sure Win For Magnet Co.,” it features Christopher Stagg’s previous successful litigation against the Directorate of Defense Trade Controls (DDTC) regarding the public domain exclusion under the International Traffic in Arms Regulations (ITAR).

In that litigation, the U.S. Court of Appeals for the Second Circuit rejected DDTC’s interpretation of the ITAR that prior government authorization is required for technical data to qualify as information in the public domain: “Nowhere do the ITAR state or imply that prior government authorization is required for information to qualify as ‘in the public domain’ . . . Because the ITAR provisions are unambiguous on this point, [DDTC’s public statements in the Federal Register], proclaiming an interpretation contrary to the unambiguous terms of the regulations, has no effect.”

That litigation resulted in the first ever appellate decision to reject a DDTC interpretation of the ITAR, as the Second Circuit instead unanimously agreed with Christopher Stagg’s position.

Learn more about Stagg’s industry-leading and first-of-its-kind Issues & Appeals practice for handling high-stakes export control issues before the regulatory agencies and our Export Controls & ITAR Litigation practice for when litigation is needed or anticipated.