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NAFTA Renegotiation: Fourth Round
As the fourth round of the renegotiation of the North American Free Trade Agreement (NAFTA) with Canada and Mexico drew to a close on Oct.17, the parties opted to push back the starting date of the fifth round until mid-November to allow the negotiators more time to work on the most controversial issues that remain to be addressed. The parties appear to be worlds apart in terms of coming to an agreement on such issues as the rules of origin, a possible five-year sunset provision, the Chapter 19 dispute resolution mechanism, and key provisions involving the agriculture and textile provisions of the Agreement, to name a few. Corporate counsel for U.S. companies that are doing business in Canada and Mexico are urged to continue following these negotiations closely, and assess how proposed changes to the NAFTA could impact their products, operations and supply chains. This article provides a summary and timeline of the NAFTA renegotiation process to date, as well as a forecast for the developments that are likely to come.
How Did We Get Here?
On May 18, 2017, the U.S. Trade Representative (USTR) Robert E. Lightizer submitted formal notification to Congress of the Trump Administration's intent to commence negotiations with Canada and Mexico to modernize the NAFTA, noting that renegotiation was warranted because many provisions of the agreement are outdated and do not reflect modern standards in areas such as digital trade, intellectual property rights and regulatory practices, among others. A few days later, the USTR published a request in the Federal Register for public comments on the negotiating objectives for modernizing the NAFTA.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.