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

Category Archives: Legal Developments

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Tips For Conducting An Internal Investigation

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Buy America, Constitutional Law, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Intellectual Property, Labour, Legal Developments, NAFTA, Transportation

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


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

Obama Vetoes ITC Exclusion Order – Helps Apple

Posted in Anti-Trust/Competition Law, Legal Developments, Trade Remedies

The coverage has been wall-to-wall this weekend about Pres. Obama’s veto of the exclusion order entered in favor of Apple by the International Trade Commission regarding its on-going patent dispute with Samsung. The letter can be found here – There are perhaps two noteworthy points about this letter. First, that the Administration even got involved… 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

California’s Proposed “Made in California” Labels Law is State Protectionism

Posted in Buy America, Cross-border trade, Legal Developments, Politics, State Governments

Canada-US Blog has received the following information from Birgit Matthiesen, Special Advisor to the President and CEO of the Canadian Manufacturers & Exporters: The Los Angeles Times reports that “there are in-state manufacturers that want to see the adoption of an official label that declares Made in California. State Sen. Ellen M. Corbett (D-San Leandro)… Continue Reading

New Conflict Minerals Rules

Posted in Customs Law, Legal Developments

Originally published by the Journal of Commerce in October 2012 The Securities and Exchange Commission (SEC) issued the long-awaited conflict minerals regulations on September 12, 2012. See for the full text. They take effect on November 13, 2012 and cover products that include tantalum, tin, gold or tungsten. The goal of the law is… Continue Reading

Where Are We Going?

Posted in Customs Law, Export Controls & Economic Sanctions, Legal Developments

Originally published by the Journal of Commerce in August 2012 Last month, the L.A. County Bar’s Customs Law Committee had a meeting with the local U.S. Attorney.  Perhaps the most interesting point which resulted was agreement among all parties that not enough prosecutions are taking place regarding purely import/export trade fraud cases. While this might,… Continue Reading

What Me Responsible????

Posted in Customs Law, Legal Developments

Originally published by the Journal of Commerce in July 2012. One of the hallmarks of an importer’s relationship with Customs and Border Protection is reasonable care. In its simplest terms, this means the importer has taken all the reasonable steps necessary to make sure the classification and value of his goods are accurately stated at… Continue Reading

What Happened With My Continuous Bond?

Posted in Anti-Trust/Competition Law, Cross-border trade, Customs Law, Legal Developments

Originally published by the Journal of Commerce in June 2012. One of the surety companies, which is a major player in the Customs bond market, recently sent a general notice reminding customs brokers that when an importer has a continuous bond, it is an increased risk indicator if CBP starts demanding single transaction bonds. While… Continue Reading

Centers for Excellence and Expertise – What Does The Future Hold?

Posted in Customs Law, Intellectual Property, Legal Developments

Originally published by the Journal of Commerce in May 2012 At the Trade Symposium which occurred on May 10, 2012 in Long Beach, CA, much of the attention was on the CEEs, or Centers for Excellence and Expertise. Acting Commissioner David Aguilar kicked off the event by confirming CBP recognizes it needs to change its… Continue Reading

Homeland Security – Is It Really Just All About Cargo Security?

Posted in Legal Developments

Originally published by the Journal of Commerce in April 2012. At the recent 7th Annual Homeland Security Law Institute sponsored by the American Bar Association’s Administrative Law Section, the most interesting panel was one entitled: “Executive Agency General Counsel Panel: A Look At Homeland Security Legal and Policy Issues”.  The participants were senior attorneys from… 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

Foreign Corrupt Practices Act

Posted in FCPA/Anti-Corruption, Legal Developments

On November 14, 2012, the Dept. of Justice and the Securities and Exchange Commission published “A Resource Guide to the U.S. Foreign Corrupt Practices Act.” For detailed coverage about its provisions and what was left out, see Part 1 – Part 2 – Part 3 –

ICE on the Rocks

Posted in Legal Developments, Uncategorized

While originally written, the article dealt with the arrest of an industry leader. That case has now been resolved with a guilty plea. The article remains nonetheless timely as it raises questions about how companies and ins

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

Canadian Government Consulting Canadians Re Canada-Israel FTA Expansion

Posted in Canada's Federal Government, Cross-border trade, Intellectual Property, Legal Developments, Uncategorized is reporting in an article entitled “Calling for c0mments on Canada-Israel free trade” that the Department of Foreign Affairs and International Trade have asked for comments on the expansion of the existing Canada-Israel Free Trade Agreement by December 30, 2011.  The Canada-Israel FTA is one of Canada’s shortest free trade agreements – so there is… Continue Reading