William P. Disalvatore

William P. DiSalvatore, who resigned his position as a partner in WilmerHale's New York office in January, offered to resign from the bar in May as he was facing a disciplinary investigation that would have likely led to his disbarment.

William DiSalvatore, a partner in the New York law firm Hale and Dorr, told the Reuters news agency his clients - a US and a European biotechnology firm that have yet to be identified by name - "will consider some form of action if the rules are implemented".He did not elaborate.

William DiSalvatore, a partner in the New York law firm Hale and Dorr, said the regulations would deprive the firms, which he declined to name, of business in the world's most populous country.

"My clients will consider some form of action if the rules are implemented on March 20 because they are a barrier that will impede trade," he told Reuters in an interview, adding that one of the companies is based in the United States and the other in Europe.

He did not specify what type of action might be taken."There are other things (possible actions) apart from court action, but I am not at liberty to say," he said.DiSalvatore, who was lead counsel in a patent dispute relating to GMOs in the United States, spoke as U.S. officials held meetings with their Chinese counterparts to clarify the rules.

The regulations require exporters of genetically modified foods to China to apply for safety certificates stating that the goods are harmless to humans, animals and the environment.

U.S. grain industry sources have accused China of using the rules to stem the surge in soybean imports.China accounts for nearly one-quarter of total world soybean imports, and its business is worth about $1 billion to the United States.

The United States is the world's largest producer and exporter of soybeans, and nearly 70 percent of the soybeans grown in the country are genetically modified.
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DiSalvatore said it was too early to assess potential financial losses his clients could suffer due to the rules.Beijing's regulations might prove temporary or be modified once China is able to produce its own varieties of genetically modified crops without foreign technology, he said.

"The suspicion is those regulations are going to be temporary.Maybe they'll stay for a year.Once China develops a rice variety, then they will modify the rules ... once they have the advantage," he said.

DiSalvatore said China's attempt at developing an indigenous biotechnology industry was evident in its plans to ban new foreign investment in the development and manufacture of seeds of genetically modified plants.A draft government document showed China also planned to limit foreign investment in the production of cereals, potatoes, cotton and oilseeds.

"If China is going to shut down foreign investment in GMOs, it will be very difficult for all of the big players in the ag biotech industry to focus on that market," DiSalvatore said.

DiSalvatore said he would advise his clients to get strong patent protection in the United States and Europe in the event China is in the process of developing a particular transgenic product and hopes to sell it in the United States.

"That could be an act of infringement in the United States," he added.

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William P. DiSalvatore, who resigned his position as a partner in WilmerHale's New York office in January, offered to resign from the bar in May as he was facing a disciplinary investigation that would have likely led to his disbarment.

"[I]f charges were predicated on the misconduct under investigation, I could not successfully defend myself on the merits against such charges," DiSalvatore, 40, said in the affidavit accompanying his bar resignation.

The Appellate Division, First Department, approved the resignation Thursday in Matter of William P. DiSalvatore, M-3023, ordering the ex-partner's name stricken from the roll of attorneys.

In his affidavit, DiSalvatore admitted to misconduct of unusual breadth.

Details here from the New York Law Journal via Law.com.

William P. Disalvatore, 36 Partner in the New York office of Boston's Hale and Dorr William P. DiSalvatore is an intellectual property and commercial litigation specialist who represents clients in a variety of technology-related industries, including biotechnology, pharmaceutical, biomedical and telecommunications.In recent matters, DiSalvatore served as lead counsel in patent litigations relating to genetically modified plants; litigated patent and trade-secret disputes involving protein engineering and antibody evolution; and represented clients in strategic licensing of chemical processes for the manufacturer of AIDS pharmaceuticals.He also directed the acquisition of rights related to electronic digital switching for long-distance service.DiSalvatore is a leading strategist for corporations in dealing with foreign trade restrictions.He was recently retained, for example, by two biotechnology firms to develop their litigation strategy in dealing with China over that nation's proposed trade restrictions on soybeans.

William P. Disalvatore, 36 Partner in the New York office of Boston's Hale and Dorr William P. DiSalvatore is an intellectual property and commercial litigation specialist who represents clients in a variety of technology-related industries, including biotechnology, pharmaceutical, biomedical and telecommunications.In recent matters, DiSalvatore served as lead counsel in patent litigations relating to genetically modified plants; litigated patent and trade-secret disputes involving protein engineering and antibody evolution; and represented clients in strategic licensing of chemical processes for the manufacturer of AIDS pharmaceuticals.He also directed the acquisition of rights related to electronic digital switching for long-distance service.DiSalvatore is a leading strategist for corporations in dealing with foreign trade restrictions.He was recently retained, for example, by two biotechnology firms to develop their litigation strategy in dealing with China over that nation's proposed trade restrictions on soybeans.

William P. DiSalvatore Partner tel: +1 (212) 937-7202 fax: +1 (212) 230-8888