News Summary:
On August 14, 2026, Administrative Law Judge (ALJ) Bryan F. Moore issued an initial determination, Order No. 16, terminating Inv. No. 337-TA-1493, which involved Certain In-Vehicle Infotainment Systems Components Thereof, in its entirety. This decision stemmed from a contractual forum selection clause mandating litigation in Munich, Germany. Previously, on July 31, 2026, a U.S. International Trade Commission (ITC) administrative law judge terminated a trade secret investigation brought by Zync against BMW, noting that a 2021 confidentiality agreement between the parties required disputes to be litigated in Munich. This decision followed a July 30, 2026, ruling where an ITC judge dismissed a Section 337 investigation involving Zync and BMW due to the same forum-selection clause, marking the first known instance of such a procedural tool being the basis for dismissing a Section 337 investigation at the ITC. Separately, on July 31, 2026, an article published an analysis of Vice Chancellor Laster’s May 2026 opinion in the *Zync v. Porsche* case, which examined legal and D&O insurance risks for investor-appointed directors.
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