Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



North American Company is Successfully Using China's IPR Laws

China Daily is reporting that Microsoft successfully sues an intellectual property rights infringer in a Shanghai Court.  The report indicates that Daxhong Insurance has been ordered to pay Microsoft 2.17 yuan ($317,900) as...

There Is More Than A Volcanic Ash Cloud Hanging Over the Canada-EU CETA Negotiations

During the week of April 19, 2010, Canada and the EU scheduled the third round of negotiations of the Canada- European Union Comprehensive Economic and Trade Agreement (CETA) in Ottawa, Canada. On April 20, 2010, Canada's...

Lesson Learned From Rio Tinto Convictions: Doing Business in China Is Like Walking In The Dark

Many North American business people (and business people from the far corners of the Earth) go into China with blinders on. They see the money signs in front of them and do not look for the dangers.

The convictions on March 29,...

Canada's Foreign Extraterritorial Measures Act Creates Catch-22 for Cuba Trade

I have been intending to write another Foreign Extraterritorial Measures Act (Canada) ("FEMA") post for some time. I informed an U.S export controls lawyer of this intention earlier this week as I was being asked a FEMA...

Canadian International Trade Tribunal Refuses to Grant Extension of Time to File Customs Appeals

On March 12, 2010 (posted on the CITT web-site on March 22, 2010), the Canadian International Trade Tribunal (CITT) released a decision in the National Food Distribution Centre (EP-2009-002) in which the CITT refused to grant an...

Canadian International Trade Tribunal Awards Costs Against the Complainant in Failed Bid Challenge

On March 18, 2010, in the case of BMT Fleet Technology Limited v. Department of Public Works and Government Services Canada (CITT File No. PR-2009-063), the Canadian International Trade Tribunal (CITT) dismissed the case because...

Canadian Exporters Should Be Mindful of USCBP NAFTA Compliance Initiatives

A number of customs attorneys in the United States have been warning me that the United States Customs and Border Patrol (USCBP) are stepping up enforcement activities under NAFTA. I have been informed by very reliable sources...

What To Do When U.S. Customs Wants To Conduct A NAFTA Verification

Most Canadian businesses do not relish a visit from a Canadian tax auditor and also do not view with anticipation a fax from the United States Customs and Border Patrol (USCBP) asking to come for a visit to conduct a NAFTA...

Verifications Under NAFTA Article 506 Are All The Rage

Recently, I have been informed of two NAFTA verifications being conducted by the Canadian Government in order to verify the correctness of NAFTA certificates of origin provided by U.S. companies and one NAFTA verification being...

Canada STILL Has Not Ratified ICSID

It is embarrassing - Canada signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID or the Washington Convention) on December 15, 2006 and passed legislation granting...

Get Audit Organized! Meticulously Detail Documents Provided to Auditors

Keeping track of the documents provided to any auditor (income tax, sales tax, customs duties, antidumping duties, etc.) is very important. I cannot say how many times I have come in after an auditor's visit to a new client and...

Thai Cigarette WTO Report Will Provide Answers About Related Party Transaction Value

There is a World Trade Organization (WTO) dispute that has been flying under world radar because it is between two developing countries, the Philippines and Thailand and a "sin product", being cigarettes. "Thailand — Customs and...

Allegations of Chinese AD Duty Circumvention in the United States

Sandler Travis is reporting that two separate U.S.-based coalitions of U.S. steel industry companies are alleging that antidumping duty orders on certain steel goods from China are being circumvented. These screams have been made...

Foreign Companies Doing Business In China Must Watch Rio Tinto Employees Prosecution

I have told many clients, the laws of China are different than the laws of their home jurisdiction (e.g., Canada). What may not get you into trouble in Canada, may get you into trouble in China. That being said, criminal laws...

Vietnam Files First WTO Dispute Against US Zeroing Practices

On February 1, 2010, Vietnam filed its first dispute with the World Trade Organization (WTO) Dispute Settlement Body (DSB) in respect of United States' antidumping measures against certain frozen and canned warmwater shrimp....

China Files Case at WTO Against EU Footwear AD Duties With Support of EU Footwear Association

On February 4, 2010 China filed a Request for Consultations with the World Trade Organization (WTO) Dispute Settlement Body (DSB) regarding the continuation of 16% antidumping duties on footwear by the European Union. This is not...