Originally published by the Journal of Commerce in March 2015 Back in November in a column discussing the ever-increasing criminalization of civil violations, we mentioned the case of fisherman John Yates. Mr. Yates was the captain of a commercial fishing boat in the waters off Florida where he was catching red grouper. The state fishing… Continue Reading
On Friday, February 13, 2015, President Obama signed an executive order, Promoting Private Sector Cybersecurity Information Sharing (the “EO”), designed to encourage private companies to share information regarding threats to cybersecurity across private sector industries and with the federal government. The EO was signed almost exactly two years after Executive Order 13636, Improving Critical Infrastructure… Continue Reading
Originally published in the October 2014 Journal of Commerce on-line When have you done enough? Based on a recent exchange in a LinkedIn discussion group, there is real disagreement. Despite that lack of concurrence, two court cases decided in the last few months again drive home the point that proper internal controls are a must…. Continue Reading
Yesterday, the CAFC issued its en banc decision in the U.S. v. Trek Leather case. The Court held the President of the company liable for gross negligence due to his own actions, even if he is an agent of the company. By way of background, the case originated as a penalty action by Customs and… Continue Reading
In July 2013, the decision of the Court of Appeals for the Federal Circuit (CAFC) was announced in United States v. Trek Leather, Inc. and Harish Shadadpuri, Case No. 2011-1527 (July 30, 2013). Harish Shadadpuri (Shadadpuri) was the President and sole shareholder of Trek Leather, Inc. (Trek). The question before the appellate court was whether,… Continue Reading
Perhaps your computer system was hacked. Maybe you opened a container to find goods in it that did not belong to you (thank goodness they were not dangerous) or perhaps no goods but evidence people lived in the container while it was en route to the U.S., or you found sizable payments made to questionable… Continue Reading
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 http://www.msk.com/news/pub.cfm?id=2159&type=Alert.
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
On October 23, 2013, Lee Berthiaume reported in the Ottawa citizens that the Canadian “Government to remove export controls on hundreds of goods“. According to Mr. Berthiaume, the government of Canada is reviewing the Export Control List with the goal to removing hundreds Canadian-made military items. The objective of this exercise is to assist Canadian… Continue Reading
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
For an update on these topics, please see http://www.msk.com/news/pub.cfm?id=1791&type=Alert which will also provide some best practices recommendations for those who rely on free trade agreements whether importing or exporting.
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
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
In an recent article in Bloomberg Businessweek printed online on September 18, 2011 entitled “Buy American and Fairer Trade Can Solve Job Woes: Alan Tonelson“, Canadians are put on notice that the U.S. is taking aim at value-added tax (“VAT”) regimes that do not charge VAT on exported goods. Canada’s goods and services tax (“GST”) and… Continue Reading