Risks Associated With a Changing Global Trade Landscape and Tariffs in a Volatile 201
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-WEBINAR-

 

Risks Associated With a Changing Global Trade Landscape and Tariffs in a Volatile 2020

 

January 28th, 2020 2:00 - 3:00 P.M.

 

Presented by:
Bruce S. Nathan, Esq. and Doreen Edelman, Partner at Lowenstein Sandler LLP


 

US trade policy and tariffs in particular have become a hot topic for credit providers. This program will cover the Trump administration’s trade actions and Congressional legislation that have affected credit decisions. That includes a discussion of tariffs, targeted sanctions programs, the importance of knowing what is excluded from the tariffs, the changes to the Committee on Foreign Investment in the United States (CFIUS), and the new export controls on emerging technologies. These actions have increased attention on supply chain management, country of origin issues, foreign ownership and scrutiny of potential deal partners as they may lead to problematic foreign ownership or control over U.S. emerging technologies or economic sanctions violations. Ultimately these issues affect everything from component purchases to future investment opportunities. Moreover, increased enforcement is affecting audit plans, leading to more external reviews, and creating a better understanding of how these issues affect management decisions. The speakers will also discuss the importance of identifying financially distressed customers dealing with increased tariffs as part of knowing your customer. 
 
Topics that will be addressed during the program:
How to navigate legitimately through and around tariffs, including identifying tariff exclusions and developing a strategy for and identifying the risks of passing tariff costs onto customers
What to be paying attention to as an importer or exporter in 2020
How to identify if your products are controlled technologies
Impact of tariffs on the US economy
Impact of tariffs on customers in or approaching financial distress and their ability to respond, including moving their supply chain to countries not affected by tariffs.

 

 


About the Presenters:

Bruce S. Nathan, Esq. - With more than 35 years of experience in the bankruptcy and insolvency field, Bruce is a recognized leader nationwide in trade creditor rights and the representation of trade creditors in bankruptcy and other legal matters. He has represented trade and other unsecured creditors, unsecured creditors' committees, secured creditors, and other interested parties in many of the larger Chapter 11 cases that have been filed. Bruce also handles letters of credit, guarantees, security, consignment, bailment, tolling, and other agreements and legal credit issues for the credit departments of institutional clients.

Among his various legal recognitions, Bruce received the Top Hat Award in 2011, a prestigious annual award honoring extraordinary executives and professionals in the credit industry. He was co-chair of the Avoiding Powers Committee that worked with the American Bankruptcy Institute's (ABI) Commission to Study the Reform of Chapter 11, participated in ABI's Great Debates at their 2010 Annual Spring Meeting–arguing against repeal of the special BAPCPA protections for goods providers and commercial lessors–and was a panelist for a session sponsored by ABI. He is a frequent presenter at industry conferences throughout the country, as well as a prolific author regarding bankruptcy and creditors' rights topics in various legal and trade publications.

Bruce is a co-author of "Trade Creditor Remedies Manual: Trade Creditors' Rights under the UCC and the U.S Bankruptcy Code," published by ABI at the end of 2011. He has also contributed to ABI Journal and is a former member of ABI's Board of Directors and former co-chair of ABI's Unsecured Trade Creditors Committee.

 

Doreen Edelman - Doreen founded and chairs the firm’s Global Trade & Policy practice, a unique team that combines global trade and policy experience with cross-border M&A, technology, immigration, government contracts, white collar investigations, and business counseling practices to help clients with ongoing strategies to minimize global business risks, increase compliance, and represent them before regulatory agencies and the U.S. Department of Justice.

She regularly advises clients on the risks associated with export controls, customs matters, and U.S. sanctions in cross-border M&A and investment transactions and on the compliance requirements pertaining to technology, software, defense articles and services, and commercial goods. She has deep knowledge of the Committee on Foreign Investment in the United States (CFIUS) and the new requirements under the Foreign Investment Risk Review Modernization Act (FIRRMA). Regarding export controls, she advises companies on the Bureau of Industry and Security (BIS) and the Directorate of Defense Controls (DDTC) export control regulations, prepares compliance programs, and undertakes deal diligence on these requirements.  Regarding the Treasury Department’s Office of Foreign Assets Control (OFAC) requirements, she counsels on the legal requirements for compliance with U.S. sanctions as well as secondary sanctions for third-country entities, represents companies with disclosures to OFAC, conducts internal investigations, and ensures clients understand how to comply with OFAC’s Specially Designated Nationals list and the ever-evolving sanctioned-countries programs limiting business transactions with, for example, Iran, Cuba, North Korea, Russia/Crimea and Venezuela.

Prior to joining Lowenstein Sandler, Doreen served as co-chair of the Global Business practice at an AmLaw 100 firm in Washington, D.C. She has published many trade-related articles, created a trade matters blog, and been quoted on CNN and Bloomberg and in The Wall Street Journal, The Hill, and other publications as a trade policy expert.

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