Trump: The First Year - The Future of Chevron Deference

August 22, 2017

In the latest podcast for Crowell & Moring’s “Trump: The First Year” series, David Chung, partner in the firm’s Environment & Natural Resources Group, and Carlton Greene, partner in the International Trade Group, sit down to discuss the future of Chevron deference and how that doctrine relates to the Trump administration's goal of deconstructing the administrative state. Prior to joining the firm in 2015, Carlton served as chief counsel of FinCEN and also worked for OFAC at the Dept. of the Treasury. David’s practice focuses on litigation and regulatory counseling involving natural resources development and environmental issues.

Covered in this 22-minute podcast: 

  • An overview of Chevron deference and recent developments.
  • How much flexibility and power agencies have when invoking Chevron deference.
  • The future of Chevron deference
  • Possible implications of eliminating Chevron deference. 
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Trump: The First Year - U.S. Objectives for Negotiating NAFTA

July 28, 2017

The U.S. released its negotiating objectives for NAFTA on July 17. In the latest podcast for Crowell & Moring’s “Trump: The First Year” series, Robert Holleyman and John Brew, both partners in the firm’s International Trade Group, discuss the objectives and the key takeaways. Robert previously served as Deputy U.S. Trade Representative and as a counsel for the U.S. Senate. John’s practice focuses on customs, and he has extensive experience in import and export trade regulation.

 Discussed in this 17-minute podcast: 

  • An overview of NAFTA.
  • What the U.S. hopes to accomplish in areas such as trade in goods, digital trade, intellectual property, procurement, currency, and others.
  • The high stakes around the rules of origin and how revisions may impact the region.
  • How trade remedies will play into NAFTA and what the fate of Chapter 19 dispute resolution might look like.
  • What businesses with operations or trade interests in Mexico and Canada should do now.
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Trump: The First Year - Court Limits EPA’s Ability to Delay Clean Air Act Regulation Without Rulemaking

July 6, 2017

In the latest podcast for Crowell & Moring’s “Trump: The First Year” series, Dan Wolff and Tom Lorenzen, both litigation partners in the firm’s Environment & Natural Resources Group and Administrative Law & Regulatory Practice, discuss the implications of a July 3 D.C. Circuit ruling invalidating EPA's 90-day administrative stay of the current oil and gas methane rule.

 Discussed in this 21-minute podcast: 

  • An overview of the Clean Air Council v. Pruitt decision.
  • The possible impacts of this decision on the administration’s stated goal of "deconstructing the administrative state."
  • Other possible mechanisms for halting rules in the short term without going through notice-and-comment rulemaking.
  • The practical implications of this ruling, and key takeaways for businesses.

Visit crowell.com/TrumpFirstYear for more information.

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Trump: The First Year - Anti-Money Laundering and the New Beneficial Ownership Rule

June 22, 2017

What does the new beneficial ownership rule mean for lenders and other businesses? As part of our “Trump: The First Year” series, International Trade Group partners Carlton Greene and Cari Stinebower sit down with Commercial Finance & Lending Senior Counsel Scott Lessne to discuss the new rule. Prior to joining the firm in 2015, Carlton served as chief counsel of FinCEN and also worked for OFAC at the Dept. of the Treasury. Cari has previously worked as an attorney advisor for the Office of the General Counsel at OFAC. Scott's practice involves the representation of financial institutions and corporate clients in connection with the negotiation and documentation of commercial, asset-based, project-related, and real estate loan transactions.

Discussed in this 33 minute podcast:

  • An overview of the new CDD rule, including what is covered.
  • How can banks identify beneficial owners? Who is responsible?
  • How does this affect small institutions versus large ones?
  • What new technology might affect this space?
  • What do covered businesses need to know and do?

Visit crowell.com/TrumpFirstYear for more information.

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Trump: The First Year - Announcing Crowell & Moring’s Regulatory Forecast 2017 and Trump: The First Year Series

May 10, 2017

On May 9, Crowell & Moring launched its third annual Regulatory Forecast. The 2017 edition, subtitled “What Trump Means for Business,” provides in-depth analysis on how the new administration, Congress, and the federal courts are changing the regulatory landscape and what it means for business in the months ahead. With this publication, we are also announcing the launch of our new Trump: The First Year series about the regulatory changes emerging from the White House under the new administration. In this first episode of the series, Regulatory Forecast co-editors Dan Wolff and Richard Lehfeldt sit down to discuss the Forecast and what to expect from the series.

In this 12 minute podcast, Richard and Dan discuss what you will find in our Regulatory Forecast 2017 and what lessons businesses should take from the publication. The forecast is available at crowell.com/regulatoryforecast.

Visit crowell.com/TrumpFirstYear for more information.

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First 100 Days: The Trump Administration’s New Import Duties on Canadian Softwood Lumber

April 27, 2017

In the last few days the news has been chock-a-block with headlines about the administration slapping new import duties on softwood lumber from Canada. As part of our “First 100 Days” series, International Trade Group partner Alex Schaefer sits down to discuss the duties. Alex represents clients contending with U.S. import regulations, including the customs and trade remedies laws.

 Discussed in this 6 minute podcast:

  • The background of this lumber dispute.
  • The reasons for the new import duties.
  • What the future may hold on the lumber front.

Visit crowell.com/CMFirst100 for more information.

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First 100 Days: An Update on Tax Reform – C&M’s First 100 Days Series

April 13, 2017

As part of our “First 100 Days” series, Jim Flood, chair of Crowell & Moring’s Government Affairs Group, and Scott Douglas, senior director of policy with the firm, sit down to discuss tax reform, both where it is now and where we can expect it to go. Jim has previously served as counsel to Senate Minority Leader Chuck Schumer and Scott as a finance director for Senate Majority Leader Mitch McConnell.

Covered in this 17 minute podcast:

  • The current state of tax reform initiatives.
  • The potential timetable for tax reform bills.
  • What is likely to happen with regard to the corporate tax rate and what companies should expect.
  • The probability of a new Border Adjustment Tax.
  • Will this tax reform be deficit neutral?

Visit crowell.com/CMFirst100 for more information.

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First 100 Days: President Trump’s Energy Independence Executive Order – What Changes Can Companies Expect, and When?

April 5, 2017

As part of our First 100 Days series, Tom Lorenzen and Dan Leff, both part of Crowell & Moring’s Environment & Natural Resources Group, sit down to discuss President Trump’s energy independence executive order. Tom is a partner in the group and the former assistant chief with the DOJ’s Environment & Natural Resources Division. Dan is an associate who focuses on litigation, permitting, and counseling under environmental statutes including the Clean Water Act, Clean Air Act, and Endangered Species Act.

Discussed in this 17 minute podcast

  • An overview of the energy independence executive order.
  • What effect this might have on the Clean Power Plan, the NSPS, and the endangerment finding.
  • How ongoing litigation will be affected.
  • What other changes companies might expect.

Visit crowell.com/CMFirst100 for more information.

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First 100 Days: Foreign Investment and Reviews by CFIUS Under the New Administration - Crowell & Moring LLP

March 16, 2017

Alan Gourley and Addie Cliffe, both partners in Crowell & Moring’s International Trade and Government Contracts groups, sit down to provide a high-level overview of CFIUS and what it means for trade. Alan counsels clients with respect to a broad range of international and government contract issues. He has extensive experience with all aspects of international contracts, both government and commercial. Addie advises clients across a spectrum of government contracts and international trade compliance issues, with specialties including U.S. export controls, the Buy American Act, the Trade Agreements Act, and other U.S. laws and regulations applicable to international transactions.

Covered in this 13 minute podcast

  • Overview of CFIUS.
  • Current trends surrounding CFIUS.
  • Practical tips for businesses regarding M&A activity and foreign investment.
  • What can be gleaned from the annual CFIUS report to Congress.

Visit crowell.com/CMFirst100 for more information.

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First 100 Days: U.S.-Canada Trade Relations – What Corporations Need to Know - Crowell & Moring LLP

February 24, 2017

In the latest podcast for Crowell & Moring's "First 100 Days" series, Jim Flood, chair of the firm's Government Affairs Group, sits down with Ian Laird, co-chair of the firm's International Dispute Resolution Group, to discuss the state of U.S.-Canada trade relations. Ian is a Canadian-qualified lawyer and previously served as chief of staff to a Canadian cabinet minister, as well as a senior political aide to the Ontario Minister of Energy. Ian represents companies engaged in U.S.-Canada trade and business relations and has provided counsel on NAFTA issues for more than 15 years. Ian also worked on the earliest NAFTA investor-state arbitrations involving each of the three NAFTA state parties.

Discussed in this 20 minute podcast recorded on Feb. 17:

  • Some potential strategies for the Canadian Government and Canadian companies to succeed in working with the Trump Administration.
  • Potential “tweaks” to NAFTA with respect to Canada, and redefining U.S.-Canada relations.
  • Views of the Republican-controlled U.S. House of Representatives, and a different approach from the U.S. Senate.
  • How Canada's immigration policies might impact business.
  • Potential timeline for any changes, and what companies can do now.

Visit crowell.com/CMFirst100 for more information.

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