Huawei faces slim odds in new U.S. court fight GlobeBusiness
THOMAS PETER/Reuters
But some lawyers said that Huawei might be hoping to score public relations points against the U.S. government even if it knows its chances of winning are slim.The following explains the measures against Huawei, the nature of the lawsuit, and why it will likely be dismissed.Shenzhen-based Huawei is the world’s biggest producer of telecommunications network equipment and it also competes with Apple Inc and Samsung Electronics Co as a smartphone maker.
Separately from the legislation at issue in the lawsuit, the United States is also considering a ban on the use of Huawei telecom equipment by U.S. companies in the construction of 5G wireless networks, and is urging its allies to do the same. Huawei’s primary argument is that the ban on its products is a “bill of attainder” – a legislative act condemning a particular person or group of people and punishing them without a trial.Chinese telecoms tech maker Huawei sues the U.S. government saying a law that limits its U.S. business is unconstitutional. It's the company's latest shot back at a U.S. campaign to close it out of global markets. Ryan Brooks reports.
Several legal experts pointed to a November 2018 decision by a federal appeals court rejecting a similar bill of attainder claim by Russian cybersecurity firm Kaspersky Lab, whose anti-virus software was banned from U.S. government networks by legislation in 2017. If Huawei’s case survives a motion to dismiss, the Chinese company would be allowed to demand discovery from the U.S. government, including documents and possibly the testimony of officials.Those documents could provide evidence for its position that Washington is motivated more by politics than any real national security concerns.
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