Anti-Trust/Competition Law

Just in the last week, both the European Parliament and the European Data Protection Supervisor (“EDPS”) published findings holding the currently proposed EU-US Privacy Shield to be seriously deficient, and calling for further negotiations to deal with those “holes”.

On May 26, 2016, the European Parliament passed a resolution, see EU Parliament Resolution, basically

Corporate compliance programs come in all shapes and sizes and apply whether your company is privately owned or publicly traded. These internal controls take the form of accounting and audit procedures, import-export/regulatory policies, employment guidelines, ethics/anti-corruption initiatives and so on. The intent of any compliance program is to ensure that employees know what is expected

On November 4, 2015, the Trudeau Government was sworn into power at Rideau Hall (that is where Canada’s Governor General lives) in Ottawa.  Prime Minister Justin Trudeau appointed his Cabinet (orders-in-council and regulations are promulgated by this group of law-makers).USA lawyers should know the following about the new Ministers (many are similar to US Secretaries, except they are all elected officials):

1. The new Minister of International Trade is Chrystia Freeland. Ms Freeland has written two books – Plutocrats: The Rise of the New Global Super-Rich and the Fall of Everyone Else in 2012 and Sale of the Century.  I suggest that US trade lawyers read these books.  Ms. Freeland also is a former journalist.  Ms. Freeland speaks many languages, including Russian and Ukrainian.

2. The new Minister of Foreign Affairs is Stéphane Dion: Mr. Dion was previously Prime Minister and leader of the Liberal Party (after PM Paul Martin).  Mr. Dion will likely not be as ideological as John Baird and unilateral economic sanctions may not be his preferred approach to world issues.

3. The new Minister of Public Safety and Emergency Preparedness is Ralph Goodale.  The Minister of Public Safety and Emergency Preparedness overseas the Canada Border Services Agency. Mr. Goodale held position in previous Liberal governments.  He understands the issue of security.

4.  The new Minister of Environment and Climate Change is Catherine McKenna.  Ms. McKenna is a lawyer.  I do not wish to be disrespectful to her in my next comment – I must keep it authentic.  The most interesting aspect of her appointment is the name change of the Ministry itself – the Ministry now has “Climate Change” in the name.  Words must have meaning – no? I think that Ms. McKenna will be taking Canada in a different direction in a few weeks in Paris.

5. The new Minister of Justice is Jody Wilson-Raybould.  Ms. Wilson-Raybould has an impressive resume; but it is who she is that is very interesting. Ms. Wilson-Raybould’s ancestors are Kwakwaka’wakw, one of Canada’s indigenous peoples.

6. The new Minister of Innovation, Science and Economic Development is Navdeep Bains.  Mr. Bains holds the portfolio that used to be known as Minister of Industry (portfolio includes Industry Canada).  I know Mr. Bain and he is very intelligent and personable. His Deparment will be responsible for the new Investment Canada reviews under the Canada-EU CETA and the TPP.

7. Half of the Cabinet positions are women.  This is because there are many capable women who ran for the Liberal Party and were elected.

8. Many of the Ministers are young.  Prime Minister Trudeau is 43 years old (he will be 44 on Christmas Day). But, do not underestimate them – young people have more energy – the world will have to keep up.

9. The Department of Foreign Affairs, Trade and Development Canada is now called Global Affairs Canada.

10. Citizenship and Immigration Canada is now called Immigration, Refugees and Citizenship Canada.

11. Industry Canada is now called Innovation, Science and Economic Development Canada.

12. Public Works and Government Services Canada is now called Public Services and Procurement Canada.

13. Environment Canada is now called Environment and Climate Change Canada.

The complete list of Cabinet is:


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Canada

iStock_000019169483XSmallOn October 5, 2015, the trade ministers of Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States signed the Trans-Pacific Partnership Agreement (TPP).  TPP is a historic trade agreement.  TPP is a comprehensive trade agreement.

For Canada, TPP represents a trade agreement with new parties (Australia, Brunei,

Originally published by the Journal of Commerce in April 2015

One thing is for sure if you have been involved with international trade in recent times. Things are getting ever more complicated and the risk management and compliance challenges are consistently getting harder to anticipate and manage. At the TPM in early March, we discussed

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

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

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,

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

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 – http://www.ustr.gov/sites/default/files/08032013%20Letter_1.PDF.

There are perhaps two noteworthy points about this letter. First, that the Administration even