On September 13, the Biden-Harris Administration published a fact sheet regarding its intended plans for tackling the exponential increase of shipments claiming the de minimis exemption and calls upon Congress to complement...more
The Biden administration announced on September 13, 2024 its intention to use executive authority to limit the use of the de minimis exemption and encourage Congress to take comprehensive legislative action, adding to the...more
A bipartisan group of senators recently released the Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains (FIGHTING) for America Act, a bill that could significantly curtail the use of Section 321 de...more
On March 16, 2021, Rule 13q-1 under the Securities Exchange Act of 1934, as amended (Exchange Act), took effect. This rule requires resource extraction issuers to disclose on Form SD information relating to payments made to a...more
Seyfarth Synopsis: While reversing a grant of summary judgment in favor of an employer based on the de minimis doctrine, the Ninth Circuit held that the doctrine still can apply under the FLSA....more
Welcome to the June 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more
In February 2024, Customs and Border Protection (CBP) began taking a new approach to Uyghur Forced Labor Prevention Act (UFLPA) enforcement—questionnaires. Once again, the solar industry is among the first targets, vanguards...more
Welcome to the second installment in our series on duty-saving strategies. After discussing the utilization of Foreign Trade Zones and Bonded Warehouses in our previous article, we now turn to Section 321, a topic of...more
From Wikipedia: De minimis is a Latin expression meaning “pertaining to minimal things”, normally in the terms de minimis non curat praetor. (“The praetor does not concern himself with trifles”) or de minimis non curat lex...more
Welcome to the first issue of “As the (Customs and Trade) World Turns,” our new monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more
On Wednesday, March 6, 2024, the Department of Commerce, Department of the Treasury and Department of Justice issued another Tri-seal Compliance Note, focusing this time on the obligations of foreign based persons complying...more
In November 2021, Congress passed the bipartisan Infrastructure Investment and Jobs Act (IIJA), pledging to invest $1 trillion into new infrastructure nationwide....more
When I was in college, I would run events, and one of the ways to do it, was free food. A slice of pizza could get people In the door. I think getting people to defer, the same rules could apply....more
As AI-generated materials are becoming more commonplace in creative works across the media landscape, content creators and distributors are seeking guidance on what information needs to be disclosed to the United States...more
We are pleased to announce that the 13th Annual Forum on U.S. Export & Re-Export Compliance for Canadian Operations is returning to Toronto on January 24–25, 2024! As the only comprehensive, practical event of its kind in...more
We reported earlier this year that the Environmental Protection Agency’s (EPA) proposed rule would require stricter (1) reporting of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI)...more
In a rare ruling on infringement of a copyright on choreography, the US Court of Appeals for the Ninth Circuit reversed the dismissal of a copyright infringement action, holding that the district court erred in its...more
Upholding the denial of a preliminary injunction motion in a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit concluded that the district court did not err in finding that the trademark owner...more
Addressing the boundaries of a permanent injunction awarded to a major software developer, the US Court of Appeals for the Ninth Circuit largely agreed that the defending developer was in contempt for violating the order but...more
In Tyger v. Precision Drilling Corp., the Third Circuit Court of Appeals clarified the circumstances under which donning and doffing activities by employees may be compensable under the Fair Labor Standards Act (FLSA). ...more
For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more
As the Supreme Court’s session was concluding, the Supreme Court issued Groff v. DeJoy, Postmaster General, No. 22-174 (June 29, 2023), an opinion that changes the employment landscape as it pertains to religious...more
The U.S. Supreme Court recently heightened the standard for what qualifies as an “undue hardship” for religious accommodations required under Title VII of the Civil Rights Act of 1964, making it easier for employees to seek...more
So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more