Publications: Eli Clemens

The OECD guidelines are a critical step in shaping how global e-commerce operates. But unless they reflect the geopolitical and regulatory asymmetries that define today’s counterfeit trade, they will fall short of their ambition.

State bans on data-driven pricing could backfire by eliminating personalized discounts that help consumers. A better approach is to enforce existing laws, pass federal privacy rules, and clarify what fair pricing looks like.

Chinese e-commerce platforms are profiting from large-scale design theft that undermines independent creators on sites like Etsy. U.S. policymakers should respond with stronger IP enforcement and trade regulations to protect the American creative economy.

In Law360, Eli Clemens argues that international anti-counterfeiting efforts must directly confront China’s central role in the counterfeit trade, or risk rendering global enforcement guidelines ineffective.

Counterfeit drugs are flooding U.S. supply chains—fueled by third-party sellers, drop-shipping, and weak online pharmacy oversight. The fentanyl crisis highlights the danger, but the issue runs deeper. Enforcement alone isn't enough. Congress and regulators must embrace digital solutions like blockchain, RFID tagging, and tamper-proof packaging to secure drug traceability and protect public health.

The increasing presence of Chinese payment platforms in the U.S. market raises significant concerns around three risks: economic competition, censorship, and national security.

President Trump’s proposal to move USPS under the Department of Commerce would politicize an independent institution, risking service disruptions and unfair pricing. Instead, USPS needs innovation-focused reforms that boost efficiency, strengthen public-private collaboration, and maintain its universal service mission without political interference.

Chinese platforms like Temu, SHEIN, and AliExpress continue to list unsafe products even after U.S. safety warnings, revealing serious gaps in enforcement. The Consumer Product Safety Commission needs stronger authority, better platform cooperation, and AI-driven tools to protect consumers.

State lawmakers are moving to restrict contracts with foreign adversaries, but many bills miss the mark—failing to reduce actual security risks while driving up costs and limiting access to key technologies. A smarter path forward would prioritize transparency, collaboration with federal agencies, and a focused strategy targeting high-risk components.

To modernize enforcement, the Consumer Product Safety Commission (CPSC) should use AI to analyze real-time and historical data, allowing it to predict and address risks in e-commerce supply chains before harm occurs.