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

Category Archives: Corporate Counsel

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Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Legal Developments

President Obama issued Executive Order 13636 on February 12, 2014 setting out potentially far reaching cybersecurity standards. To learn what these new standards could mean for your company, the impact it will have on how companies are measured in the face of a hacking event and just what you are in for in the future, see

What Kind Of Wake Up Call Would You Like?

Posted in Aerospace & Defence, Border Security, Controlled Goods Program, Corporate Counsel, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption

Do you know if your customs compliance program is effective?  Do you know if your export controls and economic sanctions internal controls are working properly? Do you have any internal controls to detect payments of bribes to foreign public officials or the recording of such improper payments in your books and records? If the answer… Continue Reading

Controlled Goods Program To Undergo Changes in 2014 – Consultations Underway

Posted in Border Security, Canada's Federal Government, Controlled Goods Program, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Government Procurement

in November 2013, Canada’s Public Works and Government Services Canada (PWGSC) announced consultations concerning the implementation user fees in connection with the Controlled Goods Program (CGP). The Controlled Goods Program is administered by the Controlled Goods Directorate of PWGSC (CGD). The CGD is responsible for administering Canada’s domestic industrial security program relating to the possession and/or… Continue Reading

He Said What?

Posted in Border Security, Corporate Counsel, Customs Law, Intellectual Property, Politics

An issue that frustrates trademark and copyright holders in all industries is counterfeit goods. It is commonly understood that many of the imported counterfeit goods coming to the U.S. originate in China. In fact, the seizure statistics released by CBP and ICE bear that out. According to those numbers, for the 2011 fiscal year, there… Continue Reading

Fifth Amendment Right Not Absolute

Posted in Aerospace & Defence, Agriculture, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border litigation, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Immigration law, Intellectual Property, Law Schools, Law Students, Legal Developments, State Courts, U.S. Federal Government, U.S. Supreme Court

Silence can be used against an individual based on the U.S. Supreme Court’s holding in Salinas vs. Texas. As such, companies would do well to expand the training they provide to staff to all employees. The failure of individuals to fully understand their legal rights can lead to terrible consequences for those individuals and their… Continue Reading

Conflict Minerals Update

Posted in Aerospace & Defence, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Government Procurement, Trade Agreeements

With the first disclosures due on May 31, 2014, the Securities and Exchange Commission (SEC) has still not given industry a sense of when any guidance will be published. As such, publicly traded companies are still left to figure out how best to comply.  The immediate impact, of course, is on those companies required to… Continue Reading

The Government Generally Gets Its Way

Posted in Corporate Counsel, Criminal Law, Customs Law, Legal Developments

Originally published by the Journal of Commerce in January 2012 – The Government Generally Gets Its Way Did you see the press coverage in August 2011 surrounding the raid by Fish + Wildlife and Homeland Security (ICE) Investigators on Gibson Guitar’s facilities in Nashville and Memphis, TN? As that case proceeds, one is forced to… 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

California Transparency in Supply Chains Act of 2010

Posted in Corporate Counsel, State Governments

As a reminder, this new California state law takes effect on January 1, 2012 and requires retailers and manufacturers with worldwide sales of $100 million or more who do business in California (and doing business is broadly defined) to add information to their websites regarding their efforts to combat slavery and human trafficking. Whether you… Continue Reading

Shareholders Seek Their Money Back

Posted in Anti-Trust/Competition Law, Corporate Counsel, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Uncategorized

Published originally by the Journal of Commerce in November 2011. Proving yet again that shareholders are no longer willing to tolerate systemic shortcomings from those in charge of public companies, the Louisiana Municipal Police Employees Retirement System has filed a shareholders derivative lawsuit in the Southern District of New York[1] against the officers and directors… Continue Reading