Law360 Quotes Devin Sikes on Impact to International Trade Cases of Upcoming Federal Circuit Judgeship Changes

Law360 has quoted Akin Gump international trade counsel Devin Sikes in the article “Welcome To The Next Era Of The Federal Circuit.” The article looks at what could be a period of big change for the U.S. Court of Appeals for the Federal Circuit, with one nominee pending, a new chief judge taking over and several active judges eligible to retire.

President Biden nominated Tiffany Cunningham to the Federal Circuit. Sikes said Cunningham “appears to be imminently qualified,” though expressed frustration that the court is about to replace Judge Evan Wallach, soon to take senior status and one of its few trade experts, with an intellectual property pro.

“With Wallach going senior, the court will have one less active judge with trade experience,” said Sikes, who is a former Wallach clerk. “My hope is the judges will continue to seek Judges [Jimmie V.] Reyna and Wallach’s guidance on trade cases when they need it. Judges Reyna and Wallach have brought quite a bit of clarity and consistency to the trade portion of the court’s docket, and with all hope, that will continue in the years ahead.” With Judge Reyna, among others, soon permitted to take senior status, Sikes said he also hopes the lack of active trade judges will be taken into account if there are any openings on the court.

Speaking of Judge Kimberly Ann Moore, who will become the new chief of the Federal Circuit next month, Sikes said, “She’s a very energetic person, and I expect she’ll bring an enormous level of energy to the chief role.”