North American Free Trade Agreement

News & Analysis as of

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


Because of the substantial activity in May, June and July with the passage of Trade Promotion Authority (“TPA”) and the ongoing Trans Pacific Partnership (“TPP”) negotiations, this blog post is being split into two parts. ...more

The TN visa category: An oasis in the desert of dried up international talent pools

During the first week of April, when U.S. Citizenship and Immigration Services (USCIS) accepted new H-1B petitions subject to the annual cap, USCIS received approximately 233,000 petitions for only 85,000 available H-1B visas...more

US China Trade War — TPA Passes Senate–Developments in Trade, Customs, IP/337, Antitrust and Securities

The major trade issue is Trade Promotion Authority (“TPA”) and the Trans Pacific Partnership. On May 22, 2015, after another close cloture vote, the TPA bill passed the Senate by a majority vote of 62 to 37 votes. The...more

[Event] Immigration Basics for Startup Founders - May 7, San Diego, CA

This discussion will focus on simplifying complicated immigration issues, including work visas, investor visas, and permanent residency. This talk is very relevant for our international community of entrepreneurs in San...more

New Requirements for Companies Hiring Foreign Workers Under Canada’s International Mobility Program

On February 11, 2015, Citizenship and Immigration Canada (CIC) issued amended regulations meant to enhance accountability for employers that hire foreign workers under the International Mobility Program (IMP), that is, those...more

Customs Is Again Getting Overly Creative

In late October 2014, Customs and Border Protection (CBP) issued a guidance message in which it laid down new rules regarding post-importation/post-entry claims for duty preference and duty reduction programs – see CSMS re...more

Charting Your Way Through Chrysler Group LLC's New Terms and Conditions

Chrysler Group LLC (Chrysler) issued new general terms and conditions (Terms) for production and Mopar purchasing that will apply to all purchase orders issued after December 1, 2014. The new Terms are not retroactive and...more

Why Your Company Should Consider Hiring Foreign IT Workers

Many employers look overseas to fill their employment needs. As we recently reported, hiring highly-skilled foreign nationals – particularly for IT jobs – can boost productivity and increase wages for the entire workforce....more

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

Free Trade Agreement Visa Options

The United States has free trade agreements with a number of countries around the world. Many of these agreements create programs to create additional immigration options for foreign nationals from those countries. For...more

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