The Vietnam Competition Authority (VCAD) of the Ministry of Industry and Trade (MOIT) of the Socialist Republic of Vietnam has issued a preliminary report (in Vietnamese only) dated October 30, 2009, in its safeguard investigation of imported float glass products. Although the Ordinance permitting safeguard measures was enacted in 2002, and those for anti-dumping and countervailing duty measures followed in 2004, Vietnam, which became a member of the World Trade Organization on January 11, 2007, has not previously conducted a trade remedy case.
On October 1, 2009, the Senate Finance Committee announced that US senators may introduce individual tariff suspension bills to be included in the Miscellaneous Tariff Bill (MTB). MTBs offer importers an opportunity to save substantial amounts in customs duties for as long as three years.
In a significant ruling issued September 18, 2009, the US Court of International Trade (CIT) directed the US Department of Commerce (Commerce) to cease simultaneous application of antidumping (AD) and countervailing duties (CVD) against the same imports from China “[w]ithout some type of adjustment” that avoids the potential for “double counting.” According to Chief Judge Jane Restani, the same subsidies that Commerce seeks to offset when it applies CVD duties presumably lower the export price that leads to the finding of dumping that DOC seeks to offset when it applies AD duties.
In an arbitration panel decision handed down on 31 August 2009, the World Trade Organization (WTO) clarified how and to what extent the industries of a WTO Member government may be targeted for countermeasures when the government has provided WTO-illegal subsidies. Brazil had been seeking $2.68 billion in countermeasures, threatening to “cross-retaliate” by targeting US intellectual property rights and service businesses. However, the panel awarded only $294.7 million for fiscal year 2006.
The Department of Energy (DOE) issued two anticipated loan guarantee program solicitations on July 29, 2009, regarding (i) projects that employ innovative energy efficiency, renewable energy and advanced transmission and distribution technologies and (ii) electric power transmission infrastructure investment projects.
As part of its comprehensive immigration reform initiative, the Obama administration recently announced the settlement of an I-9 audit with Krispy Kreme and has promulgated a new worksite enforcement strategy that directs Immigration and Customs Enforcement (ICE) agents to shift from targeting illegal workers to focusing their resources on “employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers.” On April 30, 2009, the Department of Homeland Security (DHS) released a detailed “Worksite Enforcement Strategy” fact sheet that reflects this refocused effort.
July 1, 2009, marks the arrival of a significantly different continuing disclosure regime for the US municipal bond market. Starting then, issuers and obligated persons are required to file continuing disclosure information with the Municipal Securities Rulemaking Board (the MSRB) instead of with the four prior Nationally Recognized Municipal Securities Information Repositories (NRMSIRs) that had been designated to receive the information.
Illinois Public Act 096-0028 (the “Act”) became effective June 30, 2009. The Act permits wind energy projects across Illinois to obtain exemptions from sales and use taxes by direct application to the state.
June 19, 2009 – Mayer Brown, a leading global law firm, announced that its practices are ranked in 21 categories in the 2009 edition of Legal 500: Europe, Middle East & Africa.
The Department of Energy (DOE) has released three anticipated funding opportunity announcements (FOAs) since June 3, 2009, regarding (i) site characterization for CO2 geologic sequestration (the Site FOA), (ii) industrial CO2 capture and sequestration and beneficial use of CO2 (the Industrial FOA), and (iii) an amendment of an earlier FOA for Round 3 of the DOE’s Clean Coal Power Initiative (CCPI) that increases the funding available for it by approximately $800 million (the CCPI FOA).3
Applicants under these FOAs must have a DUNS number and must be registered with the Federal Government’s Central Contractor Registration (CCR) and with FedConnect.4
The US House Committee on Energy and Commerce has released the official “Report” on its energy and climate legislation, the “American Clean Energy and Security Act of 2009.” This 700-plus page report is the only integrated final version of the complete text of the legislation, also referred to as the “Waxman/Markey Bill,” with all amendments.
On May 26, 2009, the US Environmental Protection Agency issued a proposed rulemaking that would amend and significantly expand the regulations governing the use of Renewable Fuels in the transportation sector. When finalized, the regulations will provide the regulatory framework for the renewable fuels industry in the United States during the next decade and beyond.
Andy Pincus quoted on antitrust policy in the Obama administration, saying that sooner rather than later, administration officials should give companies "some understanding to what the rules of the road are." The alternative, he said, is that they'll spend large sums of money on legal advice that doesn't help much.
29 April 2009 – Mayer Brown, a leading global law firm, announced today the appointment of Philip R. Recht as Partner-in-Charge of the firm’s Los Angeles office. He succeeds James E. Tancula, who returned to the firm’s Chicago office to resume his litigation practice full-time.
On April 22, 2009, New York State Comptroller Thomas DiNapoli imposed a ban on the use of placement agents, paid intermediaries and registered lobbyists with respect to the state’s $122 billion Common Retirement Fund (CRF), including arrangements under which any of these persons are compensated on a flat fee, contingent fee or any other basis.
Mayer Brown is a global legal services organization comprising legal
practices that are separate entities (the "Mayer Brown Practices"). The
Mayer Brown Practices are: Mayer Brown LLP, a limited liability
partnership established in the United States; Mayer Brown International
LLP, a limited liability partnership incorporated in England and Wales;
and JSM, a Hong Kong partnership, and its associated entities in Asia. The
Mayer Brown Practices are known as Mayer Brown JSM in Asia. "Mayer Brown"
and the "Mayer Brown" logo are the trademarks of the individual Mayer
Brown Practices in their respective jurisdictions.
