North American Free Trade Agreement

News & Analysis as of

Economic sanctions and trade

Easing of economic sanctions against Iran - The International Atomic Energy Agency’s recent certification that the Government of Iran has met its obligations under the P5+1 Nuclear Agreement resulted in the United States...more

TransCanada Challenges Denial of Permit for Keystone XL Pipeline

As previously reported in the Trade & Manufacturing Alert, on November 6, 2015, President Obama officially rejected TransCanada’s application to build the Keystone XL Pipeline. As proposed, the pipeline would have transported...more

Taking the Temperature of Immigration Policy for Nurses

As we enter the throes of cold and flu season, thoughts naturally turn to matters of health and so it seems fitting that HRLegalist takes a look at visa options for foreign RNs, which has traditionally been more difficult...more

New Limitations on Visa-Less Travel to the U.S.

The U.S. Department of Homeland Security (DHS) and the Department of State on Jan. 21, 2016, commenced implementation of changes to the Visa Waiver Program (VWP) pursuant to the Visa Waiver Program Improvement and Terrorist...more

Understanding Temporary Employment Visas

Foreign workers who enter the United States on temporary employment visas come from various occupations. These include technology specialists, scientists, researchers, nurses, agricultural workers,religious workers, athletes,...more

Trans-Pacific Partnership: Landmark new commitments on government procurement

TPP general summary - The legal text of the Trans-Pacific Partnership (TPP) was released to the public on November 5, 2015. After seven years of negotiations, Canada and 11 Pacific Rim countries, representing 40 percent...more

NAFTA Chapter Eleven: Can Trans-Canada Break the U.S. Shutout?

US investors have successfully used investor-state arbitration under the NAFTA when they have thought themselves wronged by the actions of governments in Canada or Mexico. But the United States itself has never lost a NAFTA...more

International Arbitration Newsletter - January 2016

UNCITRAL’s Rules on Transparency in Treaty-based Investor-State Arbitration (the Transparency Rules) present challenges to manage the costs of compliance while avoiding the consequences of non-compliance. Transparency in...more

December 2015: Asia-Pacific Litigation Update

The Trans-Pacific Partnership and Investor-State Dispute Settlement. On October 4, 2015, the long-awaited Trans-Pacific Partnership (“TPP”) was concluded. The TPP is a free trade agreement among twelve Pacific Rim nations,...more

President Obama Rejects Keystone Pipeline

On November 6, President Obama announced his decision to deny TransCanada’s application for approval to build the Keystone XL Pipeline. This decision comes over seven years after TransCanada filed its application and after...more

With Presidential Notice and Release of Final Text, Congress’ Extensive Review of the Trans-Pacific Partnership Agreement Begins

On Thursday, November 5, the much-anticipated final text of the Trans-Pacific Partnership (TPP) was released by the office of the United States Trade Representative (USTR). Soon thereafter, the White House released an...more

More Than a Pinky Promise: Recent Developments to the Promise Doctrine in Patent Law

Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis...more

NAFTA TWG on Pesticides Meeting

On November 3-5, 2015, the North American Free Trade Agreement (NAFTA) Technical Working Group (TWG) on Pesticides, established in 1997 to streamline certain pesticide shipments between Canada (CN), Mexico (MX), and the...more

Labor Provisions of the Just-Released Trans-Pacific Partnership (TPP) Trade Agreement

This morning, the Obama administration released the text of the Trans-Pacific Partnership (TPP) trade agreement, setting up a bitter debate over its provisions next year. Foremost among the opponents of TPP, organized labor...more

Trans-Pacific Partnership Has Challenges, Opportunities for U.S. Companies

The U.S. and its 11 negotiating partners – Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam – reached preliminary agreement on October 5, 2015, on the Trans-Pacific...more

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

The Trans-Pacific Partnership Agreement reached: What does it mean for you?

The United States and 11 other Pacific Rim trading partners recently announced that they have come to a provisional agreement on the wide-ranging trade agreement known as the Trans-Pacific Partnership (“TPP”), which, over...more

Trans-Pacific Partnership Agreement Finalized

On Monday, October 5, an agreement on the Trans-Pacific Partnership (TPP) was reached between the Unites States and 11 other Pacific Rim nations. This historic partnership would potentially link 40 percent of the world’s...more

28 U.S.C. § 1782: A Powerful Tool in Global Disputes

As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, §...more

California Steps Back from Strict “Made in USA” Label Requirements

An audible sigh of relief from domestic manufacturers everywhere greeted California’s recent enactment of a law loosening its restrictive “Made in USA” label requirements. In fact, California’s new law may provide a degree of...more

H-1B Alternative Series: Flexibility in Foreign Trade and Treaty Visas

Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? Is your client from one of the 79...more

Immigration Law for Startups: Prime Visa Options

This is the second in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas,...more

US, Canada, and Mexico to Expand Trusted Traveler Programs

The Department of Homeland Security (DHS), Public Safety Canada, and the Secretariat of Governance of Mexico announced the planned expansion of the existing trusted traveler programs. This expansion is the first step toward...more

Renewal of the Generalized System of Preferences (GSP) – How U.S. Importers Can Take Advantage of Significant Duty Savings Under...

The Generalized System of Preferences (GSP), a unilateral U.S. preferential trade program recently renewed by Congress, offers substantial duty savings for U.S. importers of qualifying merchandise. The GSP is intended to aid...more

Social Media Week Part IV – Telling a Story About Honey

I continue my exploration of the use of social media in doing compliance by taking a look at a very innovative social media solution to a difficult compliance issue around, of all things, honey. This example shows how...more

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