Be Careful What You Wish For!

By Susan Kohn Ross

Originally published by the Journal of Commerce in June 2015

This oft-stated warning is certainly true for those who engage in international trade. For many years, industry has complained to government about different agencies wanting different information at different times in the release process; some would take the data electronically, while others insisted on hard copies; the data elements were not identical; and, if filers have to input the data more than once, the likelihood of clerical errors rises. Well, all that comes to an end on November 1, 2015 when use of ACE becomes mandatory for all cargo release and entry summary filing. October 1, 2016 is the date by which use of ACE becomes mandatory for all remaining electronic portions of the CBP cargo process. What does this mean for importers and exporters? Continue reading “Be Careful What You Wish For!”

Trade Preference Programs Get New Life

By Susan Kohn Ross

Originally published by the Journal of Commerce in July 2015.

In the last few months, there has been extensive press coverage about the President’s trade agenda and the ultimate Congressional grant of Trade Promotion Authority. As noted in that coverage, the Trans-Pacific Partnership (TPP) (the Trans-Pacific trade deal being negotiated with Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam) and the Transatlantic Trade and Investment Partnership (TTIP) (the equally important trade deal proposed with the EU countries – Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece (yes – still, at least as of date of initial publication), Hungary, Ireland, Italy, Latvia, Lithuanian, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom), are now likely realities, but not in the next few months. Continue reading “Trade Preference Programs Get New Life”

The Times Are Changing, But Very Slowly

By Susan Kohn Ross

First, we learned relations with Cuba were thawing, and now – on July 14th – there is the nuclear deal with Iran. Many American companies are clambering to make commercial deals with businesses in both countries – but not so fast! In fact, little has changed in terms of U.S. relations with either country, at least at the business level, although significant changes are likely in the future. With Cuba and Iran both, there are laws on the books that Congress will first have to change and only then, will the commercial relationship be regularized. Continue reading “The Times Are Changing, But Very Slowly”

GSP Refunds Clarified

 

While the oft-rumored Federal Register notice has yet to be seen, Customs and Border Protection (CBP) did publish information about obtaining refunds under the now reinstated Generalized System of Preferences (GSP). Information about the legislation which authorized the renewal was published in our Alert dated July 14, 2015. See MS&K Alert re GSP Renewal for this Alert.Since then, CBP has announced its computers will be reprogramed so that starting July 29th, new entries making GSP claims will benefit from the zero rate of duty. CBP has also posted on its website a general announcement and FAQs re GSP refund claims. See Renewal of GSP and GSP FAQs. A more detailed refund process is also summarized at GSP Refund Process Continue reading “GSP Refunds Clarified”

What Happens to Your Digital Life After Death? Planning for the Transfer Of Digital Assets

By Allan B. Cutrow

Most people do not think about the large digital footprint that they have created. More importantly, they do not think about how their digital assets might pass (or not) at death. Since these assets may have value, either financial or sentimental, planning for them may be more important than you think. Continue reading “What Happens to Your Digital Life After Death? Planning for the Transfer Of Digital Assets”

Lessons Learned from the Robin Williams Litigation

By Jeffrey K. Eisen

Robin Williams died on August 11, 2014, and it did not take long for litigation to be filed over his estate, or more specifically, his living trust. Mr. Williams last rewrote his trust in January 2012, not long after marrying his current wife. Mr. Williams had three children, none of which were from his current marriage. Published reports reveal a number of interesting issues, some of which are unique to “celebrity” estates, but most of which apply to all estate planning. Continue reading “Lessons Learned from the Robin Williams Litigation”

Too Little, Too Late!

By Susan Kohn Ross

First published by the Journal of Commerce – May 2015

On April 3, 2015, the Federal Maritime Commission (FMC) issued a report entitled: “Rules, Rates and Practices Related to Detention, Demurrage and Free Time for Containerized Imports and Exports Moving Through Selected United States Ports.” The report summarized the results of a series of listening sessions the FMC conducted during the recent port congestion challenges. While it is understandable the FMC wanted to report what it learned, the FMC missed a golden chance to be relevant during a critical time. Continue reading “Too Little, Too Late!”

Don’t Get Scammed by the “IRS”

By Jeffrey D. Davine

Many people have either received, or know someone who has received, a phone call or an e-mail from someone claiming to be the “IRS” threatening the recipient with all kind of horrifying consequences if he or she doesn’t immediately send money to the IRS to satisfy an outstanding tax debt purportedly owed or provide the requestor with certain personal information. The threats range from the seizure of bank accounts or property to the police showing up at the recipient’s door waving handcuffs. Continue reading “Don’t Get Scammed by the “IRS””

Reach Out And Designate Someone?

By Robert J. Lowe

The seemingly staid world of retirement plan beneficiary designations was surprised by a recent federal appeals court decision suggesting that a new beneficiary could be designated by a telephone call.

Mr. Williams, an employee of Xerox Corporation, participated in two Xerox retirement plans and designated his wife as his beneficiary. When he got divorced, he decided he wanted his son to be his beneficiary instead of his ex-wife.
On two separate occasions, Mr. Williams called the Xerox benefits center and told them he wanted to designate his son as beneficiary instead of his ex-wife. Both times, the benefits center sent him new beneficiary designation forms to fill out. The forms were received by Mr. Williams but never signed. Continue reading “Reach Out And Designate Someone?”

Speaking Ill of the Dead

By Karl de Costa

Maligning the memory of the deceased has been viewed as a reprehensible act since antiquity. The Latin aphorism “de mortuis nihil nisi bonum” – roughly translated as “speak nothing but good of the dead” – has been traced back to as early as 300 A.D.

Nevertheless, under current California law, a deceased person’s reputation cannot be injured, and thus no legal cause of action exists for “defamation of the dead.” Dead men may tell no tales; Continue reading “Speaking Ill of the Dead”