The basic rights a U.S. company has have been taken away from TikTok in the decision to impose a ban on the app and the company’s lawsuits are based on the decision’s lack of due process, said an expert during an interview with China Global Television Network (CGTN).
ByteDance is the parent company of popular video-sharing app TikTok, and on Sunday, it confirmed it would be filing a lawsuit on Monday local time against the Trump administration over the executive order signed by President Donald Trump banning its services in the United States.
Edward Lehman, managing director at law firm Lehman, Lee and Xu, said that the odds are good for ByteDance as the lawsuit was based on the ban’s lack of due process.
“Certainly the legal fireworks are going to begin early this week, there’s very little time left. The basis upon which they’re going to file the lawsuit, from what all the pundits can say, is essentially of lack of due process. So under U.S law, you’re allowed a procedure in which you can respond to any wrongdoing that’s been done or any act that’s been afforded by the emergency powers act and these two executive orders. And they’re saying the legal pundits and those that are representing TikTok and ByteDance are saying that they haven’t had due process to be able to respond. And I think the odds are good, I mean they’re going to be able to file these lawsuits,” he said.
Lehman added that the ban took away ByteDance’s basic rights as a U.S. company, and it is their right to challenge the government’s decision through the courts.
“It looks like there will be a couple, one will be by ByteDance itself in saying there is a failure of due process and it will allow them to at least have some time to be able to do this process. And the second one looks like it will be coming from employees of TikTok. So again, the United States is priding itself on [being] a place where there is due process, where there is protection of intellectual property rights, where there is protection of personal rights – [these are the] rights of this company, that is an American company in essence, and it’s being taken away by an executive order and they’re challenging that in the courts. The exact court has not been determined, but it looks like there’ll be at least be a couple of lawsuits,” said Lehman.
Source: CCTV
