White HouseOn Monday March 19, 2018, the Department of Commerce published its interim rule for the submission of exclusions requests for Section 232 tariffs announced by the White House on March 8, 2018.

The rules published by Commerce are interim rules and comments on the rules must be received by Commerce no later than May 18, 2018. Meanwhile, the rules announced will be in effect.

U.S. importers and users now will need to manage to understand, navigate, and plan, based upon the onerous task of requesting exclusions. There are two different exclusion processes, which are distinct: (1) country exclusions which are handled by the United States Trade Representatives (USTR) office; and (2) product specific exclusions which will be handled by Commerce.

Continue Reading Section 232: Process and Procedure for Requesting Exclusions for Steel and Aluminum Imports

Stainless steel factoryThe recent announcement by the White House that it intends to unilaterally impose 25 percent tariffs on steel imports and 10 percent tariffs on aluminum imports from all countries except Canada and Mexico has created significant uncertainty among foreign exporters.

It is of great import that Canada and Mexico are excluded from the imposition of section 232 duties for the time being. The European Union, Australia and South Korea have expressed a desire for similar exclusions to be applied to them. In fact, the EU and Australia are almost assured of an exemption based upon press reports. But where does that leave other important allies such as Turkey, India, Brazil and a host of other steel-exporting nations?

Continue Reading Can U.S. Allies Sidestep New Steel and Aluminum Tariffs?

Treasury DepartmentOn March 15, 2018 the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) exercised its authority to issue cyber sanctions under Executive Order 13694 and the new Countering America’s Adversaries Through Sanctions Act (CAATSA) by imposing blocking sanctions against 5 Russian entities and 19 Russian individuals connected to previous Russian cyber operations directed towards the United States. In an accompanying press release, OFAC stated that these sanctions were intended to counter Russian destabilizing activities such as interference in the 2016 US election, the 2017 global NotPetya cyber-attack and other cyber-attacks directed at critical U.S. infrastructure sectors. One aspect of this move was somewhat puzzling, because 9 of the total 24 sanctioned entities and individuals were already subject to blocking sanctions for their previous activities. For those 9 sanctioned entities and individuals, (which include Russia’s Federal Security Service (the FSB) and Main Intelligence Directorate (the GRU), whose initial designation we covered here), it is unclear what OFAC seeks to accomplish by imposing blocking sanctions against them for a second time.

Continue Reading OFAC Imposes More Russian Cyber Sanctions and Foreshadows Future Oligarch Sanctions

White HouseThe recent announcement that the White House will impose tariffs of 25 percent on steel imports and 10 percent on aluminum imports from all countries except Canada and Mexico has created significant uncertainty and concern for foreign exporters and U.S. importers. Our attorneys answer some of your FAQs. (Read our previous alert about President Trump’s tariff proclamation.)

Toxic Tort Monitor


March 14, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden
New Developments
Precluding a Second Bite at the Apple; Federal District Court Grants Summary Judgment on Basis of Doctrine of Collateral Estoppel
By Tierra Jones

In the interest of justice and courtroom efficiency, res judicata aims to prevent parties from re-litigating previously legally resolved issues and claims involving the same or similar parties. Two doctrines – claim preclusion and issue preclusion – are encompassed in res judicata. Issue preclusion, also known as the doctrine of collateral estoppel, is the narrower doctrine of the two. [Continue Reading]

Personal Jurisdiction and LLCs – Does Citizenship Matter?
By Jen Dlugosz

When deciding whether to remove a case when an LLC is a party it is necessary to look at the citizenship of the LLC’s members to determine whether there is diversity for subject matter jurisdiction. However, citizenship of LLC members is not a key component of personal jurisdiction. The tests for subject matter jurisdiction and personal jurisdiction, while sometimes muddled, are in fact distinct. Simply put, just because an LLC is a citizen in the jurisdiction, does not equate to personal jurisdiction over the LLC in that jurisdiction. [Continue Reading]

Eastern District of Missouri Denies Plaintiff’s Motion to Reconsider Personal Jurisdiction Ruling
By Natalie Holden

The United States District Court for the Eastern District of Missouri recently denied an asbestos plaintiff’s motion for reconsideration of the court’s previous grant of defendants’ motion to dismiss for lack of personal jurisdiction. [Continue Reading]

Toxic Tort Monitor Archive
February 2018

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Technology, Manufacturing & Transportation
Toxic Tort Litigation Practice

Companies face increasingly well‐coordinated attacks in jurisdictions across the country. These assaults are becoming more complex and costly as plaintiffs’ counsel pursue novel theories and claims to keep asbestos litigation thriving. Husch Blackwell’s team has experience in numerous jurisdictions throughout 37 states. Our attorneys can help you navigate the intricate web of plaintiffs’ firms, changing laws, evolving science and anti-defendant courts. [More information]

trademarkChoosing a common or trendy name for your startup opens your company to risk. You might like the name “Company XYZ,” and you might think you’re the “Company XYZ” of your field, but “Company XYZ” might disagree with you. If you are looking to choose a brand or product name, you need to think about trademarks earlier than you think.

Continue Reading What’s In a Name?: Issues with Naming Your Product and Company

Scope of the Investigation

The merchandise covered by this investigation is Laminated woven sacks or bags consisting of one or more plies of fabric consisting of woven polypropylene strip and/or woven polyethylene strip, regardless of the width of the strip; with or without an extrusion coating of polypropylene and/or polyethylene on one or both sides of the fabric; laminated by any method either to an exterior ply of plastic film such as biaxiallyoriented polypropylene (“BOPP”) or to an exterior ply of paper that is suitable for high-quality print graphics (i.e., it has an ISO brightness of 82 or higher and a Sheffield Smoothness of 250 or less); printed; displaying, containing, or comprising three or more colors, regardless of the type of printing process used; with or without lining; whether finished or unfinished; whether or not closed on one end; whether or not in roll form (including, but not limited to, sheets, lay-flat tubing, and sleeves); with or without handles; with or without special closing features; not exceeding one kilogram in weight. Laminated woven sacks subject to the scope are typically used for retail packaging of consumer goods such as pet foods and bird seed. Laminated woven sacks produced in Vietnam are subject to the scope regardless of the country of origin of the fabric used to make the sack.

Continue Reading Petition Summary: Laminated Woven Sacks From the Socialist Republic of Vietnam, filed March 2018

patent law gavelOn February 23, 2018, in In re Silver, the Supreme Court of Texas conditionally granted mandamus relief and vacated the trial court’s order compelling production of emails between an inventor and his non-lawyer registered patent agent. In re Silver, Case No. 16-0682, 2018 WL 1022470 (Tex. February 23, 2018). The court held that a client’s communications with a patent agent, made to facilitate the agent’s provision of authorized legal services to the client, are privileged under Texas Rule of Evidence 503 (attorney-client privilege). The ruling marked the first time a state high court weighed in on the issue.

Continue Reading Texas High Court Rules That Patent Agent-Inventor Communications Are Covered By the Attorney-Client Privilege

White House

President Trump announced on Thursday, March 1, that he will impose tariffs on imports of certain steel and aluminum products. We anticipate the President will formally sign the trade measures announced today next week and that they will include an additional tariff of 25% on imports of steel products and 10% on imports of aluminum products covered under the proclamation.

Continue Reading Trump Announces Decision on Steel and Aluminum Section 232 Investigations

startup moneyPreviously, we outlined the most common exit strategies for startups and why it is important to think about those strategies early. One of the most common exit strategies is mergers and acquisitions, or “M&A”. For a startup, this means the sale of all or a part of your company to another person or entity. Although M&A can refer to a sale of assets or equity of a company, we will primarily focus here on equity.

There are two types of M&A transactions which are distinctly different exit strategies: strategic and financial. A strategic M&A transaction would be the sale of your startup to another larger company that is a competitor, within the same industry, or that would enjoy some synergy with its current business by acquiring your company. Think of Amazon acquiring Whole Foods, Facebook acquiring Instagram and WhatsApp, or Google acquiring YouTube and Waze.

Continue Reading M&A: Strategic vs. Financial Buyers