Trump-Era Policy Changes: A Guide for ITC Expert Witnesses

With the return of the Trump administration, legal professionals and ITC case expert witnesses alike must brace for significant policy shifts that could reshape International Trade Commission (ITC) cases. The Trump administration previously emphasized protectionist trade policies, tougher enforcement of intellectual property rights, and aggressive tactics to address unfair trade practices. For expert witnesses, understanding these priorities is crucial for providing credible, case-winning testimony in a rapidly evolving legal landscape.

As attorneys face heightened scrutiny in ITC investigations, expert witnesses must adapt to changes that could impact their methodology, testimony, and overall role. This article outlines what expert witnesses should prepare for, strategies to stay ahead of the curve, and how attorneys can effectively collaborate with them to navigate Trump-era policy changes.

Anticipated Trump-Era Policy Changes Impacting ITC Expert Witness Cases

The Trump administration’s trade policy heavily emphasized economic nationalism, strict enforcement, and using the ITC as a tool to protect U.S. industries. Experts involved in ITC cases should anticipate the following trends:

Increased Focus on Intellectual Property Enforcement

Under a Trump-led administration, expect heightened scrutiny of intellectual property (IP) violations. Section 337 investigations, which address unfair trade practices and IP infringement, are likely to rise. Expert witnesses must be prepared to:

• Offer detailed analyses of patent claims and validity.
• Provide clear and defensible methodologies for assessing infringement.
• Evaluate economic harm from IP violations to U.S. companies.

Tariffs and Economic Harm Analysis

The previous administration frequently used tariffs to address trade imbalances. This approach could re-emerge, requiring experts to:

• Assess the economic impact of tariffs on industries.
• Evaluate whether specific imports harm domestic producers.
• Provide data-driven insights into how tariffs align with ITC rulings.

Enhanced Focus on Supply Chains

Given the Trump administration’s emphasis on domestic manufacturing and supply chain resilience, ITC cases may increasingly address issues like:

• Origin and authenticity of imported goods.
• Allegations of dumping or unfair pricing by foreign suppliers.
• Disruptions to U.S. supply chains caused by unfair trade practices.

Expert witnesses specializing in supply chain economics, logistics, and market impact will be in high demand.

Preparing for Changes as an ITC Case Expert Witness

As trade and economic policies shift, expert witnesses must proactively adapt their approach to meet the challenges of ITC investigations during the Trump administration.

Stay Updated on Policy Shifts

Experts should regularly monitor updates from the Office of the U.S. Trade Representative, ITC rulings, and related trade agencies. Keeping abreast of these changes will enable them to tailor their analyses and testimony accordingly.

Develop Industry-Specific Expertise

The Trump administration’s trade policies often targeted industries like technology, automotive, and pharmaceuticals. Expert witnesses specializing in these sectors should deepen their understanding of industry-specific trade dynamics to provide authoritative testimony.

Strengthen Methodological Rigor

Under a protectionist framework, expert testimony may face increased scrutiny from opposing counsel. Experts must:

• Use peer-reviewed and widely accepted methodologies.
• Document their analytical processes thoroughly.
• Prepare for rigorous cross-examination on their findings.

Case Study: The Role of Expert Witnesses in a Trump-Era Trade Dispute

In a notable ITC investigation during the previous Trump administration, an economist served as an expert witness in a Section 337 case involving alleged dumping practices. Their role included:

• Quantifying the economic harm to U.S. manufacturers caused by unfair import pricing.
• Analyzing market trends to demonstrate how dumping practices distorted competition.
• Presenting these findings in a clear and compelling manner during hearings.

Their thorough preparation and ability to align their testimony with the administration’s trade priorities played a pivotal role in securing a favorable outcome for the plaintiff. This example underscores the importance of aligning expert testimony with prevailing trade policy themes during ITC cases.

Best Practices for Attorneys Collaborating with Expert Witnesses

Attorneys must take proactive steps to ensure expert witnesses are well-prepared to navigate Trump-era policy changes.

Identify Experts with Relevant Experience

Given the anticipated emphasis on specific industries and trade practices, attorneys should:

• Seek experts with a proven track record in ITC investigations.
• Prioritize individuals with deep sector-specific knowledge.
• Leverage expert witness networks to find pre-vetted professionals.

Conduct Comprehensive Pre-Trial Preparation

Attorneys should invest time in preparing their experts by:

• Rehearsing testimony to ensure clarity and confidence.
• Stress-testing their methodologies against potential cross-examination.
• Aligning expert analyses with the broader legal strategy.

Leverage Expert Witness Services

Platforms like ExpertConnect Litigation Support can streamline the process of finding and vetting expert witnesses, saving attorneys time while ensuring quality.

Potential Challenges for Expert Witnesses in Trump-Era ITC Cases

Political Bias Allegations

Expert witnesses may face challenges related to perceived political biases during Trump-era cases. Experts must:

• Maintain strict objectivity in their analyses.
• Avoid language or interpretations that suggest partisanship.
• Focus solely on data-driven insights.

Complexity of Global Supply Chains

As the administration scrutinizes supply chain practices, experts may find it challenging to untangle the complexities of global sourcing. Advanced tools and methodologies may be required to present clear, actionable findings.

Accelerated Timelines

ITC investigations operate on strict timelines, often requiring experts to prepare their analyses under tight deadlines. Collaboration between attorneys and experts will be key to meeting these demands.

Advantages of Using Expert Witness Networks

Expert witness networks offer significant benefits during ITC cases, particularly under a Trump administration.

Access to Specialized Talent

Networks provide attorneys with access to pre-screened experts specializing in relevant industries and methodologies.

Time Efficiency

By streamlining the search process, networks allow attorneys to focus on case preparation rather than administrative tasks.

Quality Assurance

Expert witness networks vet candidates thoroughly, ensuring their credentials and methodologies meet the highest standards.

Conclusion: Preparing for ITC Success During Trump-Era Policy Shifts

As the Trump administration potentially ushers in significant changes to ITC investigations, expert witnesses will play an increasingly critical role in achieving successful case outcomes. By staying informed, refining their methodologies, and aligning their expertise with emerging trade policies, experts can position themselves as invaluable assets in ITC litigation.

Attorneys, meanwhile, should leverage resources like ExpertConnect Litigation Support to identify, vet, and prepare the right expert witnesses for their cases. With the right ITC case expert witness on your side, navigating Trump-era trade policy changes becomes not just manageable but an opportunity to strengthen your ITC case expert witness strategy.