January 31, 2011By: Cyndee Todgham Cherniak
There is a little known provision in Canadian law that is under-utilized. This provision is a powerful mechanism that holds promise and opportunity. Pursuant to section 18 of the Canadian International Trade Tribunal Act...
Posted in Administrative and Regulatory Law, Canada Law Blog, Trade Law, Canada, Intellectual Property, International Transactions | No Comments
January 31, 2011By: Susan Kohn Ross
Effective November 23, 2010, any company that applies for an H-1B (H-1B, H-1B1, Chile/Singapore), L-1, or O-1A visa for a foreign national through the filing of an I-129 must now certify that there are no International Traffic in...
Posted in Africa, Australia / New Zealand, Canada, China, European Economic Community, India, Mexico, South Korea, Thailand, USA | No Comments
January 31, 2011By: Susan Kohn Ross
By Veronica Von Grabow, MS&K Labor & Employment Attorney
California Senate Bill 1304 enacted Part 5.5 of the Labor Code, Section 1508, et seq., effective January 1, 2011, which requires employers with 15 or more employees to...
Posted in USA, Outsourcing and Offshoring, Africa, Australia / New Zealand, Canada, China, European Economic Community, India, Mexico, South Korea | No Comments
January 31, 2011By: Susan Kohn Ross
Tricks of the Trade – February 10, 2011The Food & Drug Administration and the New Food Safety Law.
Join us to learn the latest developments at the FDA and how the new food safety law will change how you do business.
This...
Posted in Agriculture, Border Security Initiatives, Africa, Australia / New Zealand, Canada, China, European Economic Community, India, Mexico, South Korea | No Comments
January 31, 2011By: Cyndee Todgham Cherniak
It is not uncommon for U.S. exporters to provide to Canadian importers the H.S. tariff classification number for a good that is the number to be used or was used when the goods enter/entered the United States - and not provide...
Posted in Administrative and Regulatory Law, Health Law, Consumer Protection Law, Trade Law, Canada, USA, Customs Duties, Food Safety, Food and Drug Regulation, Global Compliance & Risk Management | No Comments
January 30, 2011By: Cyndee Todgham Cherniak
Egypt is a member of the World Trade Organization (WTO). The current issue will not change that fact. To the extent that the issues remain local, there should not be a WTO connection. That being said, to the extent that there is...
Posted in Trade in Services, WTO Dispute Settlement | No Comments
January 28, 2011By: Cyndee Todgham Cherniak
On January 25, 2011, Corn Products International issued a press release that it had received $58.4 million from the Government of Mexico as payment of an arbitral award issued in respect of a Chapter 11 of NAFTA claim. ...
Posted in Trade Law, Trade Lawyers Blog, Canada, Mexico, USA, NAFTA Dispute Settlement, Investment Dispute Settlement, International Arbitration | No Comments
January 27, 2011By: Cyndee Todgham Cherniak
On January 27, 2011, Prime Minister Harper announced that Canada has launched free trade negotiations with Morocco. A formal announcement has been posted on the Prime Minister's web-site. The news release states:
Prime Minister...
Posted in Canada Law Blog, Trade Law, Canada, Free Trade Agreements, Free Trade Agreement Negotiations, Government Relations | No Comments
January 26, 2011By: Cyndee Todgham Cherniak
On January 25, 2011, the Canadian International Trade Tribunal (CITT) notified parties involved in the Certain Fasteners expiry review in 2009/2010 that National Nail Corporation had filed a properly documented request for an...
Posted in Canada Law Blog, Trade Law, Canada, Trade Remedies, Anti-Dumping, Countervailing Duties | No Comments
January 25, 2011By: Cyndee Todgham Cherniak
You do not need be a psychic to make predictions. I have been watching the trends in the new trade laws and cases. The trends are:
A. Accountability - Following the law is not a suggestion - individuals and partnerships will be...
Posted in Canada Law Blog, Trade Law, Anti-Corruption - Foreign Corrupt Practices Act/Corruption of Foreign Public Officials, Bilateral Investment Treaties (BITs)/ FIPAs, Border Security Initiatives, Buy America, Canada, India, European Economic Community, USA | No Comments
January 23, 2011By: Cyndee Todgham Cherniak
The answer is no and maybe. While Canada does not have a trade remedy exactly like Section 337 of the Tariff Act, Canada does have a mechanism that may be used to obtain a court order against foreign goods that infringe a...
Posted in Canada Law Blog, Federal Court, Trade Law, Canada, China, Global Compliance & Risk Management, Government Relations, Import Controls, International Transactions, International Intellectual Property Protection | No Comments
January 23, 2011By: Cyndee Todgham Cherniak
I am pleased to inform Trade Lawyer Blog / Canada Law Blog readers that I have been listed in the Canadian list in Who's Who Legal: The International Who's Who of Business Lawyers: Trade and Customs 2010. See link...
Posted in Women Lawyers Blog, Canada Law Blog, Trade Lawyers Blog | No Comments
January 23, 2011By: Cyndee Todgham Cherniak
My friend Tom Fox has recently posted two posts on FCPA Compliance and Ethics Blog:
1. Jonathan Marks' 13 Step FCPA Compliance Action Plan (January 11, 2011) -...
Posted in Canada Law Blog, Administrative and Regulatory Law, Consumer Protection Law, Trade Law, Canada, Anti-Corruption - Foreign Corrupt Practices Act/Corruption of Foreign Public Officials, Anti-Bribery/Anti-Money Laundering, USA, Customs Duties, Export Controls and Economic Sanctions | No Comments
January 22, 2011By: Susan Kohn Ross
Originally published in the January 2011 Journal of Commerce Magazine
In the waning days of an otherwise stagnant time, the lame-duck session of the 111th Congress produced a number of remarkable pieces of legislation. For...
Posted in Agriculture, Border Security Initiatives, Africa, Australia / New Zealand, Canada, China, European Economic Community, India, Mexico, South Korea | No Comments
January 22, 2011By: Cyndee Todgham Cherniak
Non-resident importers of goods into Canada will have new document preparation and maintenance requirements as soon as the Canada Consumer Product Safety Act comes into effect. The Canada Consumer Product Safety Act received...
Posted in Canada Law Blog, Administrative and Regulatory Law, Consumer Protection Law, Trade Law, Canada, Border Security Initiatives, Global Compliance & Risk Management, Import Controls, Incorporating in Canada | No Comments
January 21, 2011By: Cyndee Todgham Cherniak
The new Canada Consumer Product Safety Act, which received Royal Assent in December 2010 (also known as Bill C-36) may present an opportunity for Canadian manufacturers to stop or impede imports of unsafe goods. The Canada...
Posted in Canada Law Blog, Consumer Protection Law, Health Law, Trade Law, Canada, Import Controls, Government Relations, Protectionism | No Comments