1:25 Welcome and Introductions
1:30 Taking Stock of the U.S.-China Trade War
Joshua Mark "Josh" Snead, House Ways and Means Committee Trade Subcommittee, Washington, D.C.
J. Michael Taylor, King & Spalding LLP, Washington, D.C.
Nearly five years have passed since the United States initially imposed tariffs on most imports of Chinese-origin articles into the United States pursuant to Section 301 of the Trade Act of 1974. Take a deep dive into the current status of the US-China trade war and discuss potential outcomes on whether the U.S. Trade Representative will reinstitute a process for importers to request product-specific exclusions from the tariffs, what steps the U.S. can and should take to address China's performance under the Phase One trade agreement, export controls, and how the technology competition between the U.S. and China continues to affect businesses.
2:32 A Discussion on Forced Labor and Global Supply Chains
Elizabeth Shingler, KPMG, Richmond, VA
Patrick J. "Pat" Togni, King & Spalding LLP, Washington, D.C. and Charlotte
Explore emerging trends and compliance considerations regarding the federal ban on "forced-labor" goods under 19 C.F.R. § 1307, which is enforced by U.S. Customs and Border Protection (CBP). Forced labor enforcement by CBP has increased significantly since 2015, when Congress made an important change by removing the "consumptive demand" provision from the statute. In late 2021, Congress once again revised the statute to create a rebuttable presumption that articles manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People's Republic of China, or whose supply chains otherwise involve certain entities in China, should be prohibited from entry into the commerce of the United States. This discussion introduces participants to CBP practice and procedure on forced labor issues and shares perspectives on this increasingly important aspect of compliance for companies and other stakeholders whose operations are affected by global supply chains.
3:34 Break
3:44 Committee on Foreign Investment in the United States (CFIUS)
Alexis Early, King & Spalding LLP, Washington, D.C.
Dominic Lerario, Parker Poe, Raleigh
J. Philip Ludvigson, King & Spalding LLP, Washington, D.C.
CFIUS reviews foreign investments in U.S. businesses and real estate for national security concerns. After substantial regulatory reform in 2020, it expanded powers to review transactions being negotiated by parties, force divestment of already-closed transactions with no statute of limitations, and undertake other enforcement activities. The panel provides an overview on the many industries of concern to CFIUS, how to identify transactions that may be of interest to CFIUS, and how attorneys can help clients navigate the CFIUS enforcement process.
4:45 Adjourn
Thank you for joining us for Key International Trade Topics for North Carolina Lawyers and Their Clients (2022 International Practice Section Program).
This program is designed for lawyers in private practice, in-house legal and compliance professionals, and other stakeholders in the North Carolina legal community whose clients are involved in cross-border trade to/from North Carolina.
Alexis Early is a partner at King & Spalding LLP in Washington, DC. She is part of the firm's International Trade Group, where she helps devise regulatory and policy solutions for clients. Alexis counsels companies, financial institutions, and individuals on economic sanctions, export controls, anti-money laundering, and CFIUS national security reviews of foreign investments. She represents clients in compliance and enforcement proceedings before the Treasury Department, State Department, Commerce Department, and Department of Homeland Security, and advocates for them on Capitol Hill.
Alexis counsels clients in the financial services and insurance, energy, aerospace and defense, IT/telecom, emerging technology, food and agriculture, shipping and logistics, and education/humanitarian sectors.
Alexis has advised foreign embassies, state-owned enterprises, and foreign sovereigns on their engagement with Capitol Hill and the federal government, and she counseled a pro-democracy opposition party in the Caucasus through its ultimately successful election campaigns. She has implemented strategic advocacy campaigns related to economic sanctions, international trade and multilateral trade agreements, defense cooperation, energy security, foreign assistance, and immigration policy.
Alexis earned her B.A. in Political Science and Philosophy at Wellesley College and her J.D. from American University Washington College of Law.
In law school, Alexis was the founding editor-in-chief of the American University Business Law Review, the first comprehensive business law journal in Washington, DC. Twice selected as a Dean's Fellow, she researched "forgotten constitutions" in American history and analyzed the effect of local administrative codes on LGBTQ families in Latin America. Prior to law school, she monitored multiple elections in Central America.
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Dominic Lerario is an associate at Parker Poe in Raleigh. He focuses his practice on international business, economic development, and mergers and acquisitions. He assists companies with investments and expansions in the United States, including site selection, outbound investments and structuring, and domestic and cross-border M&A. He also counsels corporate venture capital divisions, family offices, and other private investors on investments into startups and emerging companies. In addition, Dom counsels clients on commercial contracting and general corporate law issues.
Dom has particular experience in the manufacturing, retail automotive, fintech, and health care industries. He has represented a variety of public and private companies, including global financial institutions, private equity sponsors, life sciences companies, hospitals, and energy companies.
Dom is a leader within the international business community, serving on the board of directors of the Carolina World Trade Association and the council of the North Carolina Bar Association International Practice Section.
Dom earned his B.A., with distinction, in Peace, War, and Defense from the University of North Carolina at Chapel Hill and his J.D./LL.M. in International and Comparative Law, magna cum laude, from Duke University School of Law, where he was the symposium editor for the Duke Journal of Comparative & International Law and a student attorney with the school's Start-Up Ventures Clinic.
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J. Philip Ludvigson is a partner in King & Spalding's International Trade Practice in Washington, D.C., where he advises clients on matters related to the Committee on Foreign Investment in the United States (CFIUS). Having been involved in over a thousand of CFIUS cases, Phil has a deep understanding of the entire CFIUS lifecycle and now provides strategic advice to clients seeking to identify and address potential jurisdiction and risk-related concerns as they structure investments and other business transactions, as well as guiding them through the filing process and mitigation compliance.
Prior to joining King & Spalding, Phil was the Acting Deputy Assistant Secretary for Investment Security at the U.S. Department of the Treasury. He also served as the Director for Monitoring & Enforcement—the first person in Treasury's history ever to hold that role—and built the office that pursues CFIUS non-notified transactions and oversees all CFIUS mitigation measures, including compliance monitoring and enforcement. Before joining Treasury, Phil held various roles at the Department of Homeland Security, including leading that agency's CFIUS participation as the Acting Director of Foreign Investment Risk Management.
Phil previously practiced law for several years in the Washington, D.C. office of an AmLaw 50 firm, focusing on government contracts, security clearances, and Foreign Ownership, Control, or Influence issues. He is also a retired Army Reserve officer and combat veteran. Phil graduated from American University and the University of Illinois College of Law, where he was Production Editor of the Journal of Law, Technology & Policy.
Phil is also a retired Army Reserve officer and combat veteran and was the Production Editor of the University of Illinois Journal of Law, Technology & Policy in law school.
Phil earned his B.A. from American University and his J.D., cum laude, University of Illinois College of Law.
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Elizabeth Shingler is Senior Manager of Trade and Customs at KPMG in Richmond, VA.
Elizabeth earned her B.A. in International Studies & French from Dickinson College and her J.D. from Brooklyn Law School.
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Joshua Mark "Josh" Snead is Chief Trade Counsel with the U.S. House of Representatives' Ways and Means Committee Trade Subcommittee in Washington, DC. Josh has been part of the Trade Subcommittee for since 2016. Prior to that, he served as an associate for King & Spalding's International Trade Group and for the National Pork Producers Council, providing expert guidance on international trade policy.
Josh earned his B.A. in Philosophy from Gordon College, MBA from Pepperdine Graziadio Business School and J.D. from Pepperdine Law.
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J. Michael "Mike" Taylor is a partner at King & Spalding LLP in Washington, DC. He leads the Customs practice for King & Spalding's International Trade Team. He specializes in complex customs matters, international shipping matters, and trade remedy (anti-dumping and countervailing duty) litigation. Mike represents U.S. companies and manufacturers in a range of trade-related regulatory, customs, and Homeland Security matters.
With respect to customs compliance and Homeland Security matters, Mike advises clients in a number of sectors, including pharmaceuticals, medical devices, chemicals, textiles, agriculture, aerospace, energy, and consumer products. Mike assists clients with government investigations, customs audits, internal compliance investigations, prior disclosures, and penalty mitigation concerning import discrepancies; obtaining customs rulings; developing logistics and trade compliance programs; and assessing the trade-related aspects of international mergers and acquisitions. He also advises clients on trading implications of government procurement provisions like the Buy American Act.
On the trade remedy front, Mike represents U.S. manufacturers in administrative and appellate litigation to obtain relief from unfairly traded imports in anti-dumping and countervailing duty proceedings.
Mike appears on behalf of clients before the Department of Commerce, the International Trade Commission, the Binational Panels established under free trade agreements, the Court of International Trade, and the Court of Appeals for the Federal Circuit. He also routinely interacts with U.S. border agencies, including U.S. Customs and Border Protection, the Food and Drug Administration, the Fish and Wildlife Service, and the Department of Agriculture.
Mike earned his B.A., Duke University in Political Science, J.D., magna cum laude, from The University of Alabama and LL.M., with distinction, from Georgetown University.
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Patrick J. "Pat" Togni is a partner at King & Spalding LLP in Washington, DC and Charlotte in the firm's International Trade practice. He represents clients in international trade law matters, including trade remedy proceedings and related appeals, customs compliance, and export controls. Pat is a member of the firm's Coronavirus team and has advised clients regarding business and legal issues raised by the pandemic including importation and exportation of personal protective equipment. He also has worked with clients on a variety of projects in connection with international trade policy, including China tariffs (Section 301) and Miscellaneous Tariff Bill legislation. He also represents clients in legislative and policy matters relating to unmanned aerial vehicles ("UAV")/drones.
Pat has argued cases before administrative agencies, the U.S. Court of International Trade, and he has appeared in NAFTA Chapter 19 binational panel reviews. His customs practice includes investigations and regulatory compliance matters such as prior disclosures, protests, and focused assessment (audit) proceedings before U.S. Customs and Border Protection. Pat's export controls practice includes regulatory counsel and frequent collaborations with the firm's Government and Internal Investigations practice on internal investigations and responses to government information requests (e.g., summons). He also has litigated cases in state and federal courts around the country, and has appeared in several intellectual property litigation proceedings before the U.S. International Trade Commission. His practice also involves the provision of counsel to clients on legislative and policy matters, where he draws upon his time as a legislative aide on Capitol Hill.
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