The 25% steel and 10% aluminum tariffs announced today, and effective 15 days from now, raise a new cloud over the NAFTA negotiations. Although they temporarily exempt Canada and Mexico, the Administration has made it clear that the tariffs are still a prospect for Canada and Mexico if they do not make concessions on NAFTA. The Canadian and Mexican negotiators have rejected this linkage. Continue Reading
What is Prop 65?
Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly evolving and actively enforced by the government and private enforcers. Continue Reading
A few weeks ago, we wrote about the latest district court decisions involving the President’s so-called travel ban, in which a Hawaii court fully enjoined the proclamation, while a Maryland court allowed it to stand as to travelers without bona fide ties to the U.S. The Hawaii court’s order meant that Travel Ban 3.0 was put on hold. Continue Reading
In 2005, Congress passed the Real ID Act, enacting national standards for obtaining state driver’s licenses and I.D. cards. These federally mandated standards require states to use enhanced security features and identification procedures, and to review documentary evidence of legal status, before issuing a driver’s license or identity document. The Act requires that only individuals with a Real-ID-compliant identity document may (1) access federal facilities; (2) enter nuclear power plants; or (3) board commercial aircrafts for domestic flights. Continue Reading
On September 24, President Trump issued a “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.” Most people know it better as Travel Ban 3.0 or EO3 (for “Executive Order #3”), the President’s third attempt to impose travel restrictions on nationals of certain countries who seek to enter the United States. If it feels like you’ve seen this movie before, that’s because you have. Continue Reading
USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact your employees that have DACA status: Continue Reading
USTR Lighthizer yesterday delivered the Administration’s official 90-day notice to Congress that it will renegotiate NAFTA.
The notice says that the process will be carried out “consistent with Congressional priorities and objectives outlined in section 102 of the Trade Priorities and Accountability Act,” which is the TPA fast-track legislation passed in 2015. This is a welcome indication that the Administration is proceeding, at least for now, in the manner that Congress contemplates. While President Trump could change course, there is for now at least reason to believe that the negotiation will proceed in the manner typical of FTA negotiations, with Congressional notification and ratification of the final agreement, rather than a Presidential assertion of unilateral authority to make revisions under the Trade Act of 1974 or the Trade Expansion Act of 1962. Continue Reading
On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of ending the “theft of American prosperity” by focusing on American workers and products. While the details of how the new EO will be applied will undoubtedly take months to implement (pending numerous agency-level reviews), companies doing business with the federal government, or with an interest in foreign high-skill workers, should be aware of these new developments so that they can prepare for the adjustments they will need to make in the near future, as the President’s efforts to put American workers first take shape. Continue Reading
The governments of Argentina and the United States signed on December 23rd, 2016, a new tax information exchange agreement (“TIEA”). Jack Lew, U.S. Treasury Secretary, stated that the TIEA will allow for important collaboration between the two countries’ tax enforcement efforts. The TIEA provides a legal framework for the reciprocal and automatic exchange of tax information, which will allow Argentina to (i) comply with the U.S. Foreign Account Tax Compliance Act, and (ii) obtain information about Argentinean taxpayers that hold undeclared assets in the United States.
In a recent article in Entrepreneur, Sheppard Mullin partner Jonathan Meyer, a former Senate counsel to Vice President Biden and Deputy General Counsel at the Department of Homeland Security, points out that Congressional oversight of companies is likely to increase in the next two years, and discusses some of the hottest topics it is likely to focus on. These include healthcare, financial reform and tax avoidance, cybersecurity and product safety, among others. Companies should keep an eye on Capitol Hill, and be ready for what might come their way.