CHIPS Incentives Funding Applications: Legal Considerations

On November 30, 2023, we hosted a discussion of the CHIPS Incentives Program. Launched by the U.S. Department of Commerce, it provides funding for projects involving the construction, expansion, or modernization of semiconductor materials and semiconductor manufacturing equipment facilities under the CHIPS Act of 2022. Funding applications will be accepted by Commerce starting on December 1, 2023, and closing on February 1, 2024.

Presenters: Francesca M.S. Guerrero, Partner, Francis “Chip” E. Purcell, Jr., Partner, and Kevin D. Oles, Senior Managing Associate

To learn more about the CHIPS Incentives Program, read Thompson Hine’s client update, view a recording of the webinar (YouTube) or access a copy of the slide deck (PDF).


Importing FDA-Regulated Products: Compliance & Enforcement Issues

Companies that import FDA-regulated products, including food, drugs, cosmetics, medical devices, and tobacco products, must comply with certain requirements when bringing these products into the United States. Products not meeting the FDA’s requirements may be refused admission or be subject to an FDA enforcement action. On November 7, 2023, we discussed the general import entry process, reporting requirements, compliance practices, and strategies for responding to enforcement actions for FDA-regulated products.

Presenters: Michelle Li, Partner and James C. Fraser, Senior Counsel

View a recording of the webinar (YouTube) or access a copy of the slide deck (PDF).


SmarTrade Fundamentals

Session 1: Sanctions

In our first session on June 15, partner Francesca Guerrero and Kristina Shcheglazova (law clerk, not admitted to the practice of law) examined issues related to sanctions, including OFAC licensing and sanctions due diligence and screening. View a recording of the webinar (YouTube) or see the slide deck (PDF).

Session 2: Imports – Customs Compliance

In our second session on June 29, Dan Ujczo and Kerem Bilge provided insight on customs compliance issues for importers. View a recording of the webinar (YouTube) or see the slide deck (PDF).

Session 3: Imports – Tariffs & Trade Opportunities

In our third session on July 13, David Schwartz and Kerem Bilge presented information on import tariffs and opportunities for leveling the playing field. View a recording of the webinar (YouTube) or see the slide deck (PDF).

Session 4: Export Controls

In our final session on July 27, Samir Varma and Aaron Mandelbaum discussed export requirements and procedures and highlight compliance issues for exporters. View a recording of the webinar (YouTube) or see the slide deck (PDF).


The Global Ripple Effect of the Ukraine-Russia Crisis: The Impact of Sanctions (Webinar)

It has been more than a year since Russia’s invasion of Ukraine led the United States, European Union, United Kingdom and others to impose broad new sanctions against Russia. On March 29, we examined the changes and latest developments and discussed steps companies can take to manage risk.

Speakers:

View a recording of the webinar (YouTube).


What Will Happen in International Trade in 2023?

On January 31, 2023, we presented a webinar addressing the leading issues impacting supply chains, sourcing, and investment decisions. We also highlighted key enforcement risks and areas of focus for compliance in 2023.

Speakers: Francesca M.S. Guerrero, Partner, David M. Schwartz, Partner and Dan Ujczo, Senior Counsel

View a recording of the webinar (YouTube) or access a copy of the slide deck (PDF).


SmarTrade 2022 Interactive Workshops:
Washington, D.C. (Nov. 30) and Cleveland (Sept. 7)

In these interactive sessions, we focused on key developments, risks and opportunities in the areas of international trade, transportation and global supply chains. We discussed the compliance and enforcement arena for imports, exports and areas such as forced labor regulations and associated compliance challenges and solutions, and addressed ways to manage companies’ risk exposure and provided practical tips for dealing with the increase in government investigations relating to global trade transactions. Lastly, we discussed the Biden administration’s focus on international trade and developments as we close 2022 and turn to the next year.

Speakers: Francesca M.S. Guerrero, Partner, Michelle Li, Partner, Dan Ujczo, Senior Counsel, and Samir D. Varma, Partner

Resources:


Uyghur Forced Labor Prevention Act: Supply Chain Risk Management Guidance

On July 26, 2022, Francesca M.S. Guerrero and other members of our International Trade practice discussed the U.S. government’s implementation of the Uyghur Forced Labor Prevention Act. They examined the importer guidance issued by DHS and CBP that outlines rigorous supply chain management expectations and reviewed best practices and strategies in the evolving area of forced labor compliance.

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


The Global Ripple Effect of the Ukraine-Russia Crisis: The Impact of Sanctions

This program, recorded on March 29, 2022, focused on the crisis in Ukraine that has led the United States, European Union, United Kingdom and other countries to impose broad new sanctions against Russia, as well as Belarus. Our panelists discussed the latest developments in the crisis and steps companies can take to manage their risk.

Speakers: Brian Mulier, Partner, Bird & Bird LLP (EU – Netherlands); Daniel Wiedmann, Associated Partner, POELLATH (EU – Germany); Francesca Guerrero, Partner, Thompson Hine LLP (U.S.); and Samir Varma, Partner, Thompson Hine LLP (U.S.)

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


The Global Ripple Effect of the Ukraine-Russia Crisis: The Potential Impact of Sanctions

This webinar, recorded February 23, 2022, focused on the rapidly rising tensions between Ukraine and Russia and what new sanctions against Russia and Belarus could mean to companies around the world. The panelists discussed the potential scope of government action and steps companies could consider taking to manage their risk.

Speakers: Brian Mulier, Partner, Bird & Bird LLP (EU – Netherlands); Daniel Wiedmann, Associated Partner, POELLATH (EU – Germany); Francesca Guerrero, Partner, Thompson Hine LLP (U.S.); Samir Varma, Partner, Thompson Hine LLP (U.S.)

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Importing FDA-Regulated Products: Enforcement and Compliance Best Practices

Companies importing FDA-regulated products, such as food products, drugs, medical devices and tobacco products, must comply with certain requirements when bringing these products into the United States. Products that do not adhere to the FDA’s requirements and policies may be refused admission, detained, seized or subject to other enforcement actions. We discussed the general import entry process, reporting requirements, compliance practices and strategies for responding to enforcement actions for FDA-regulated products.

Presenters: Michelle Li, Partner and Samir D. Varma, Partner

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Supply Chain Strategies: Policies and Practicalities to Address Transportation Challenges

This webinar went behind the headlines to assist companies with transportation disruptions to their supply chains as we head into 2022 and beyond. Our speakers included Thompson Hine professionals who are on the frontlines of the transportation policy actions taken by Congress and regulatory agencies in response to the supply chain crisis, and who are experienced with transportation contracts, remedies and issues that may not be on companies’ radars.

Key Topics:

  • Where we are and how did we get here?
  • What is coming? Policy efforts to address service disruption and unfair business practices.
  • What can I do now? Contractual rights and regulatory remedies.
  • What is next? Practical considerations.

Presenters: Karyn A. Booth, Partner; Dan Ujczo, Senior Counsel; and Jason D. Tutrone, Senior Managing Associate

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Addressing Forced Labor Risk in Supply Chains

A SmarTrade/ESG Collaborative webinar presented by Thompson Hine LLP

Companies are facing increased legal and reputational expectations to address forced labor in their supply chains. Our panel of trade and compliance professionals delved into the scope of these expectations and offered practical advice for building and enhancing programs to help address these issues.

Moderator: Jurgita Ashley, Partner, Corporate Transactions & Securities; Co-chair, ESG Collaborative, Thompson Hine

Panelists: Nate Herman, Senior Vice President, Policy, American Apparel & Footwear Association and Francesca M.S. Guerrero, Partner, International Trade, Thompson Hine

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Navigating a New North America – Trade, Supply Chain & Energy Issues in a Post-Pandemic and USMCA World

This webinar featured former trade negotiators, policy experts and business leaders from the United States, Canada and Mexico who addressed key trade issues, including USMCA implementation, labor issues, energy, infrastructure and recovery in North America.

Presenters:

  • Sergio Gómez Lora, CEO, Business Coordinating Council of Mexico, U.S. Office and CEO, IQOM Strategic Advisors
  • Nadia Theodore, Senior Vice President, Global Government & Industry Relations, Maple Leaf Foods
  • Andrea van Vugt, Global Director, Harper & Associates
  • Dan Ujczo, Senior Counsel, Thompson Hine

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Considerations for Cross-Border M&A: Canada, the U.K. & the U.S. – Trends in Antitrust & National Security Merger Review

This panel discussion focused on developments in the national security review processes in Canada, the United Kingdom and the United States over the past year and how investors should anticipate and plan for their impact on cross-border deals in 2021.

Presenters:

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Impact of the 2020 Election on U.S. Trade Policy: Trump Transformation to Biden Restoration?

President Trump transformed decades of U.S. trade policy by weaponizing tariffs, ramping up enforcement and focusing on bilateral trade in goods. Will President-elect Biden continue any of these policies or attempt to restore the multilateral trade approach of past presidential administrations?

Presenter: David M. Schwartz, Partner, Thompson Hine LLP

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


China’s New Export Control Law: Impact on Global Businesses

The passage of the ECL and recent release of implementing regulations establishes a comprehensive framework that could spark an important shift in the global export control paradigm. We discussed ECL basics and provided guidance on steps that companies should take to ensure compliance.

Presenters:

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Avoiding Forced Labor in International Supply Chains

We provided an overview of forced labor in the context of international labor standards and an increasingly complex international regulatory structure of hard and soft law frameworks addressing responsible business conduct, as well as best practices to reduce the risk of encountering forced labor in a company’s supply chain.

Panelists:

  • Lisa Gelsomino, President/CEO Avalon Risk Management; Customs and Border Protection Commercial Customs Operations Advisory Committee (COAC) Member
  • Francesca Guerrero, Partner, International Trade, Thompson Hine LLP
  • Gabriella Herzog, Vice President, Corporate Responsibility and Labor Affairs, United States Council for International Business
  • Scott Young, Partner, Labor & Employment, Thompson Hine LLP

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Global Trends in Anti-Corruption Enforcement

Increased international coordination between U.S. and non-U.S. government entities has led to noteworthy prosecutions of non-U.S. actors. This program focused on these recent prosecutions, emerging market issues in Asia and South America, red flag issues in distribution and supply chains, and the intersection between government enforcement and politics.

Panelists: 

  • Rebecca Rohr, Vice President, Anti-Corruption and Global Trade, Ethics & Compliance Office, Hewlett Packard Enterprise
  • Mara Senn, Director & Senior Counsel, Global Compliance Investigations, Zimmer Biomet
  • Joan Meyer, Partner, White-Collar Criminal Practice, Internal Investigations & Government Enforcement, Thompson Hine LLP
  • Samir D. Varma, Partner, International Trade, Thompson Hine LLP

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Beyond NAFTA: Navigating the Impact of USMCA

On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) replaced the North American Free Trade Agreement (NAFTA). This trilateral free trade agreement affects many facets of the North American economy. Please see the links below to access recordings of the webinars from our four-part virtual roundtable series designed to help companies navigate the USMCA provisions and understand the rights and obligations of the member countries. Our discussions included counsel from law firms in the United States, Mexico and Canada and representatives from companies addressing these issues firsthand.


Session 1 – June 10, 2020: Labor & Environmental Protections

Moderator: David M. Schwartz, Partner, Thompson Hine

Panelists: Juan Carlos de la Vega, Partner, Santamarina + Steta; M. Scott Young, Partner, Thompson Hine; and Joel D. Eagle, Partner, Thompson Hine

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Session 2 – June 17, 2020: New Government Procurement Commitments

Moderator: Samir Varma, Partner, Thompson Hine

Panelists: Tom Mason, Partner, Thompson Hine and Marcia Mills, Counsel, Fasken Martineau

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Session 3 – June 24, 2020: What Happens at the Border: Trade Facilitation and Practical Questions

Moderator: Brent Connor, Senior Counsel, Thompson Hine

Panelists: Clifford Sosnow, Partner, Fasken Martineau and Alejandro Luna, Partner, Santamarina + Steta

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


Session 4 – July 1, 2020: Supply Chains: Issue-Spotting, Tips and Best Practices for Maximizing USMCA Benefits

Moderator: Francesca M.S. Guerrero, Partner, Thompson Hine

Panelists: Alejandro Luna, Partner, Santamarina + Steta; Aasha Wanless, Director, Global Trade Compliance, Polaris; and Steve Gardon, Vice-President, Global Indirect Taxes & Customs, Lear Corporation

View webinar recording (YouTube). If you would like a copy of the slide deck, please reach out to one of the presenters.


These materials are intended to inform clients about legal matters of current interest. They are not intended as legal advice. Readers should not act upon the information contained in them without professional counsel.