Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Monthly Archives: January 2012

Lindsey Manufacturing Exonerated – What Is The Lesson?

Posted in FCPA/Anti-Corruption, Uncategorized

On December 1, U.S. District Judge for the Central District of California Howard Matz vacated the Foreign Corrupt Practices Act (“FCPA”) convictions of Lindsey Manufacturing (“LMC”) and its executives Keith Lindsey and Steve Lee (collectively, “Lindsey Defendants”), citing numerous instances of misconduct by the prosecutors–prosecutors once so proud of the jury convictions of Lindsey, et… Continue Reading

Hitachi Decision: A Cautionary Tale

Posted in Corporate Counsel, Customs Law, Legal Developments

The recent decision in the Hitachi Home Electronics case illustrates how far Congress and Customs can veer from factoring common sense into their legislative and regulatory pronouncements. The case was decided at the Court of International Trade (CIT) on April 30, 2010 and affirmed by the Court of Appeals for the Federal Circuit on October… Continue Reading

Intellectual Property Rights Holders Score One

Posted in Aerospace & Defence, Border Security, Customs Law, Government Procurement, Intellectual Property, Uncategorized

Trademark holders have long had to clear a frustrating series of legal hurdles in order to get their hands on infringing product detained and/or seized by CBP. Section 818(g) of the National Defense Authorization Act of 2012 now authorizes CBP to share unredacted samples of imported products, packaging, and labels that are suspected of being… Continue Reading

Proposed Consolidation of Commerce Department and Other Agencies

Posted in Aerospace & Defence, Border Security, Customs Law, Export Controls & Economic Sanctions

On January 13, 2011, President Obama unveiled a proposal to create what was described as a new export agency. This activity comes on the heels of the U.S. and Foreign Commercial Service’s closure of offices in Caracas, Venezuela; Dakar, Senegal; Florence, Italy; Tijuana, Mexico; Vancouver, Canada; and Vladivostok, Russia that occurred at the end of 2011…. Continue Reading

Implementing the Korea, Panama, and Colombia FTAs

Posted in Customs Law, Government Procurement, Trade Remedies, Uncategorized

One of the many important questions being asked at the start of 2012 is when should international traders expect to take advantage of the new free trade agreements (FTAs) with Korea, Panama, and Colombia? Once President Obama issues the authorizing Executive Orders, Customs and Border Protection (CBP) will still need to publish proposed regulations. Based… Continue Reading