ArentFox Schiff Legal Podcasts

In the latest episode of Five Questions, Five Answers, host Birgit Matthiesen is joined by ArentFox Schiff colleagues Jackson David Toof and Mario A. Torrico for a conversation on the False Claims Act (FCA), its origins, and its continued importance as a tool to combat fraud against the federal government. The discussion examines how US Customs and Border Protection (CBP) and the US Department of Justice (DOJ) are increasingly using the FCA to pursue customs fraud and trade violations, the significant business and reputational risks companies face, and the compliance missteps that commonly lead to enforcement actions. It also highlights the importance of proactive compliance strategies for managing FCA exposure. Takeaways - The FCA is a long-standing and powerful enforcement tool. - FCA enforcement by CBP and the DOJ is increasing sharply. - FCA violations pose serious financial and reputational risks for importers. - Compliance exposure most often arises from classification, valuation, and country‑of‑origin errors. - Proactive compliance programs offer both risk reduction and competitive advantage.

Following recent episodes that examined specific US tariff announcements, today’s discussion takes a wider view. Host Birgit Matthiesen is joined by AFS Customs and Tariff Practice Leader Antonio J. Rivera to explore how tariff policy and enforcement are increasingly a fiscal and strategic risk across industries, elevating them into a core enterprise risk issue. What the Episode Covers - Defining enterprise risk in the tariff context, including fiscal exposure, legal risk, and competitive positioning. - Developing mitigation strategies and a coordinated, company-wide approach spanning procurement, operations, and marketing. - Planning for both the near term, such as current tariff mitigation options, and the long term, including supply chain and production strategy.

In the latest episode of “Tax Stuff You Should Know,” hosts Bob Pluth and Gene Magidenko unpack the complexities of federal self-employment tax through the lens of the Fifth Circuit’s decision in Sirius Solutions. The discussion centers on how self-employment taxes apply to limited partners, how limited partners are defined for this purpose, and where the Fifth Circuit’s approach in Sirius Solutions diverges from the US Tax Court’s functional analysis. They also explore the historical evolution of the limited partner concept, the lack of clear Internal Revenue Service (IRS) guidance, and what these ongoing interpretive tensions could mean for taxpayers going forward. Key Takeaways - Self-employment taxes can materially increase an individual’s overall tax liability from investments into pass-through entities. - Active management roles can jeopardize limited partner status. - The lack of IRS guidance has resulted in considerable uncertainty and court challenges in this area. - While most recent cases are not favorable for taxpayers seeking to limit their self-employment tax exposure, the Fifth Circuit’s decision in Sirius Solutions and pending cases in other federal appellate courts may change the landscape. - Congressional action would provide much-needed clarity in this area of tax law, but the likelihood of such action is uncertain.

Kevin Matz – NYSSCPA Interview by ArentFox Schiff LLP

In the latest episode of Beyond the Lot, Kevin Timson speaks with Zach Kuzemka, CEO of NBB, about the current state of the dealership buy-sell market, with a focus on the need to “grow or go”, bring in outside capital, optimize rooftop mix and implement long-term succession plans and estate plans. Drawing on insights from the recent NADA convention in Las Vegas, the discussion explores the challenges and opportunities dealers face as they plan for growth in 2026 and beyond.

In the latest episode of “Tax Stuff You Should Know,” hosts Bob Pluth and Gene Magidenko unpack the CFM Insurance decision, spotlighting the complexities of captive insurance arrangements and the Internal Revenue Service’s (IRS) scrutiny of them. They underscore the importance of tax planning needing to correspond with economic and substantive reality, the audit risks, including those tied to refund claims, and the implications of the IRS’ Dirty Dozen list. The discussion also stresses the importance of meticulous documentation and legal compliance, and notes that reliance on qualified professional advice can help mitigate penalties. Takeaways - Captive insurance companies must operate as bona fide insurance providers. - The IRS continues to flag certain planning strategies as high risk. - Taxpayers must maintain thorough documentation and comply with legal requirements. - Courts focus on the substance of a transaction or structure rather than its form. - Good-faith reliance on competent tax advice may mitigate penalties. - Arrangements that promise outsized tax benefits warrant skepticism.

On January 20, Canada’s Prime Minister Mark Carney addressed the World Economic Forum. Coming a week after his meeting with China’s President Xi Jinping, his remarks made headlines globally.   In this episode of Five Questions, Five Answers, we asked Automotive News Toronto Bureau Chief David Kennedy for his perspective on where the prime minister is taking Canada’s trade policy and what the bilateral accord could mean for North America. Takeaways  - Annual imports of up to 49,000 Chinese electric vehicles under the Canada-China accord.  - A 50% increase in Canadian exports to China by 2030.  - The increasing importance of compliance with evolving import regulations.  ​- The establishment of cross-functional market-access committees within companies.

In the latest episode of “Tax Stuff You Should Know,” hosts Bob Pluth and Gene Magidenko unpack the income tax consequences of partnership liquidations and related traps for the unwary. They demystify the treatment of hot assets, the mixing-bowl rules, and special rules that apply to the distribution of cash and marketable securities — common traps that can convert what looks like a simple wind‑down into a surprising tax bill for one or more of the partners. Key Takeaways - Partnership liquidations frequently arise in family‑owned and closely held contexts. - Liquidating distributions generally are tax-free to the partnership and to partners, except if there are “hot assets” or if a partner receives cash and marketable securities exceeding basis. - Mixing‑bowl rules can adversely impact distributions of property that had originally been contributed to the partnership within the preceding seven years. - Disproportionate distributions can create unexpected tax liabilities. - Understanding the contribution and operational history of a partnership is essential for accurate analysis.

In this episode of Five Questions, Five Answers, Birgit Matthiesen and Jessica DiPietro explore the historical context and implications of the Nixon Shock and the Trade Expansion Act, focusing on Section 232 investigations and their impact on US trade policy. Birgit and Jessica discuss the complexities of these investigations, the broad scope of tariffs, and the importance of understanding product classifications and valuations. They also look ahead to the future of Section 232 actions and the need for companies to stay informed and prepared for potential trade remedy actions in 2026. Takeaways • Know that Section 232 investigations can be initiated by multiple actors, including the president and Congress. • Anticipate wide investigative scopes that can sweep in diverse products and complicate compliance. • Monitor Federal Register notices to stay current on tariff actions and scope changes. • Note that the current Administration frames economic security as national security. • Track the rising number of Section 232 investigations as a signal of policy direction. • Prepare proactively by assessing and managing your company’s tariff exposure.

Kevin Timson talks with Mercer Capital’s David Harkins, who shares insights into automotive dealership valuation. The discussion highlights (1) the importance of understanding value drivers like brand, real estate and fixed operations (2) the wealth of insights found in factory financial statements and (3) the impact of local market dynamics on dealership valuations. David also emphasizes focusing on controllable factors, the significance of good valuations on succession planning and the challenges posed by current economic conditions in understanding how valuations will increase over the next several years.

In the fourth episode of “Tax Stuff You Should Know,” hosts Bob Pluth and Gene Magidenko delve into the concept of profits interests, a valuable tool for partnerships and limited liability companies to reward service providers without triggering immediate adverse income tax consequences. They examine Internal Revenue Service (IRS) guidance on profits interests, including the criteria for non-taxable grants, the complexities introduced by vesting, and the design features to maximize the benefits of this valuable planning tool. The discussion also covers common use cases, potential pitfalls, and the importance of understanding both the tax implications and the flexibility offered by this compensation method. Takeaways - Profits interests can offer participation in upside without upfront capital contributions from service providers. - IRS guidance provides a roadmap for structuring profits interests. - Flexible design features can be incorporated into profits interests to meet specific goals. - Profits interests offer the potential for capital gain treatment to holders. - There is no immediate tax liability upon receipt of a properly structured profits interest. - The holder’s tax reporting obligations may become more complicated upon receiving a profits interest.

Join AFS Life Sciences Partner Stephanie Trunk and Darshan Kulkarni, Life Sciences regulatory and compliance attorney, to unpack the recent acceleration of mergers and acquisitions across the life sciences sector. They examine why deal flow is increasing, why buyers are favoring asset purchases over mega-deals, and how drug pricing and compliance priorities under the Trump Administration are shaping decisions. They also explore how rigorous due diligence can mitigate risk, where artificial intelligence (AI) may streamline diligence, and why intellectual property (IP) mapping to actual products remains a recurring gap. The discussion closes with practical insights on building a robust compliance culture and navigating an evolving health care enforcement landscape. Key Takeaways Include: - Increasingly, buyers favor strategic, targeted acquisitions over mega-deals. - Policy impacts from the Trump Administration influencing deal strategy. - Heightened due diligence emphasis on compliance and pricing risks. - Emerging role of AI to streamline due diligence workflows. - Persistent gaps in IP diligence, including weak mapping to products.

In episode three of “Tax Stuff You Should Know,” hosts Bob Pluth and Gene Magidenko delve into the intricate world of S corporations, tracing their historical development, examining the qualifications for electing S status, and identifying the missteps that can inadvertently revoke that designation. Bob and Gene unpack the consequences of the termination of an S election, pinpoint frequent triggers of terminations, and suggest practical strategies to prevent these issues. Their conversation underscores the need for careful planning to maintain S corporation status and outlines solutions for inadvertent terminations and other S corporation maladies. Key Takeaways • There are complex rules governing the eligibility of S corporations, including the types of shareholders (individuals, estates, certain trusts and tax-exempt organizations qualify, but nonresident noncitizen individuals, partnerships, corporations, and ineligible trusts do not). • S corporation status terminates if the election is revoked or the corporation ceases to meet all eligibility requirements at any time. • Termination often results from ineligible shareholders or failure to maintain a single class of stock. • An inadvertent termination can result in unfavorable tax consequences, which are compounded by the fact that the termination often is not discovered until years later. • There are ways to mitigate the risk of an inadvertent termination, such as keeping up with the maintenance of corporate records, putting into place a shareholder agreement with transfer restrictions, and requiring S corporation shares to be certificated. • Relief for certain inadvertent terminations and other S corporation issues may be available through revenue procedures, but in some cases a private letter ruling from the Internal Revenue Service (IRS) is needed to resolve the problem.

In this episode of Five Questions, Five Answers, host Birgit Matthiesen welcomes AFS attorney James Kim to explore the current state of US tariffs and their impact on importers and various industries, with a special focus on the electric vehicle sector. The conversation highlights evolving trade policies, challenges faced by businesses in navigating tariffs, and the importance of compliance with trade agreements such as United States-Mexico-Canada Agreement (USMCA). Birgit and James emphasize the need for proactive strategies in supply chain management in order to adapt to the rapidly changing trade landscape. Takeaways - Indicating permanence. The current state of tariffs suggests they are here to stay. - Increasing cost pressures arise from rising tariffs and reduced tax credits. - Offering potential tariff savings. The USMCA requires strict compliance. - Ensuring flexibility in contracts is essential to handle tariff fluctuations. - Reducing dependency on high-risk countries involves diversifying supply chains.

In this episode of Tax Stuff You Should Know, hosts Bob Pluth and Gene Magidenko delve into the complexities of profits interests, a compensation tool for partnerships and limited liability companies (LLCs) taxed as partnerships. They discuss the differences between profits interests and capital interests, tax implications, and the importance of structuring these interests to comply with Internal Revenue Service guidance. The conversation also covers vesting, other design considerations, and the common uses of profits interests in incentivizing employees. Takeaways - Profits interests can be a potent tool for partnerships and LLCs. - They also can offer considerable advantages to their holders, including tax efficiency upon receipt and capital gain treatment upon a sale of the business. - Care should be taken in designing profits interests, as there can be some complexity involved in their proper structuring. - There are circumstances where profits interests may not be optimal; for example, not all service providers should receive profits interests due to tax reporting complexity.

Learn more about Bob, Gene, and “Tax Stuff You Should Know”!

Welcome to the first episode of Tax Stuff You Should Know, hosted by Robert R. Pluth, Jr. and Evgeny Magidenko. In this episode, Bob and Gene discuss the assignment of income doctrine, its implications in tax law, and the recent Hoensheid case. They explore the nuances of tax planning, the importance of timing in charitable contributions, and the Internal Revenue Service’s (IRS) scrutiny of such transactions. The conversation emphasizes the need for proper documentation and planning to avoid potential tax issues. Takeaways - Exploring how charitable contributions can raise assignment of income issues if not planned properly. - Understanding the crucial timing considerations when making charitable contributions of business interests in proximity to potential sales of those interests. - Examining key facts and issues raised in the Hoensheid case. - Emphasizing the importance of taxpayers following proper procedures when donating property, particularly large noncash gifts.

Life Sciences Partner Stephanie Trunk and Life Sciences Regulatory and Compliance Attorney Darshan Kulkarni delve into the nuances of direct-to-patient (DTP) and direct-to-consumer (DTC) models in the pharmaceutical industry. This encompasses advertising on drug prices, the intricacies of cash pay programs, and the evolving role of pharmacy benefit managers (PBMs). They also discuss the Trump Administration’s most favored nation status, as well as regulatory challenges and the need for a unified strategy to tackle rising health care costs. Highlights of the conversation include: - The prevalence of DTC advertising in the United States and its impact on drug sales. - How the Trump Administration’s stance on DTC advertising raises First Amendment concerns. - How the most favored nation status could reshape drug pricing strategies. - PBMs playing a critical role in managing drug costs but face scrutiny for their practices. - Why regulatory compliance is essential for companies engaging in DTP sales.

They say, “timing is everything.” This podcast comes to our listeners as Washington, DC, contemplates next moves on the US tariff front, including new tariffs on products key to the e-mobility sector. Birgit Matthiesen speaks with Antonio J. Rivera, who was live from The Battery Show South in Atlanta, Georgia, where he presented on uncertainty and tariffs, what they affect, at what rates, and their origins. Takeaways - Electric vehicles (EVs) and batteries are here to stay despite challenges and industry uncertainty. - Investment in EVs and battery manufacturing is ongoing despite policy uncertainties from Washington. - The United States-Mexico-Canada Agreement (USMCA) provides an opportunity for tariff cost relief. Understanding the USMCA product origin rules can make all the difference to a company’s bottom line, including their suppliers and customers.

Welcome to “Beyond the Lot,” a podcast series hosted by Kevin Timson that invites industry experts to weigh in on trends and auto retail business topics. In the first episode, Kevin speaks about the state of the 2025 buy-sell market with JT Taylor, managing director of Automotive Retail at Truist Securities. They examine JT’s experiences working on both the retail and original equipment manufacturer sides of the business and the sustainability of auto retail even in today’s economic environment. In addition, they also dive into: • How demographic changes in dealer ownership are still dictating buy-sell demand. • Why private capital and regional dealers are poised to drive most of the consolidation in the dealership market. • How economies of scale in dealership operations are finally starting to drive acquisition strategies. • What role state and federal regulators are playing in auto retailing.

The fashion and textile industries have seen a marked uptick in customs enforcement, riding a “roller coaster of trade policy” that is likely to get more chaotic under the Trump Administration.  At the AFS Fashion Insiders Executives Forum, Chairman Anthony V. Lupo moderated an insightful panel featuring Angela M. Santos, leader of the firm’s Customs Practice Group and Forced Labor Task Force, and Lucas A. Rock discussing what fashion, retail, and textile companies need to consider in an ever-changing trade and tariff landscape.

Join AFS Life Sciences Partner Stephanie Trunk and Darshan Kulkarni, Life Sciences regulatory and compliance attorney, as they explore the major shifts occurring in the pharmaceutical industry under the Trump Administration. Highlights of the conversation include: Evolving regulations for off-label pharmaceutical promotion. Enhancing a firm’s global footprint by building trust with sovereign governments. Examining new compliance challenges stemming from AI technology. Navigating US Food and Drug Administration guidance as an unreliable indicator of enforcement priorities. Increasing scrutiny of the role of medical affairs. Finding balance between patient access and regulatory compliance.

In this episode of Five Questions, Five Answers, Birgit Matthiesen and Ryan Greer of the Canadian Manufacturers and Exporters (CME) discuss the current challenges facing Canadian manufacturers due to impending US tariffs and the broader implications for the bilateral trade relationship. Ryan emphasizes the interconnectedness of Canadian and US manufacturing sectors and the potential negative impacts of tariffs on both sides of the border. He also provides insight into a possible retaliation strategy by Ottawa and shares his views on the future of North American manufacturing. Takeaways US tariffs pose significant challenges for Canadian manufacturers and their US customers. Retaliation strategies are being considered by the Canadian government. The United States-Mexico-Canada Agreement remains vital for trade relations between Canada and the United States. Past the imposition of tariffs, reducing regulatory burdens is essential for competitiveness. The future of manufacturing is uncertain but requires deeper integration. Lesson to emerge is that crisis can lead to opportunities for the NA manufacturing sector.

In the second installment of the Private Company Strategies podcast series, From Start-Up to Stand-Out, hosts Adam Diederich, Berin S. Romagnolo, and Sara Rosenberg are joined by AFS Partner Alexandra M. Romero to discuss essential employment law considerations for startups. They cover federal, state, and local laws and regulations, with an emphasis on the importance of compliance, especially in a remote work environment. Our hosts also discuss the benefits of developing employment policies and practices early on. Highlights of the conversation include: - Understanding employment laws is crucial for startups. - Consistently updating policies is necessary as the company grows. - Federal laws set a baseline, but state and local laws may impose additional requirements. - Remote work may complicate compliance with employment laws across jurisdictions. - Training employees on policies is vital for compliance.

In this episode, Aaron H. Jacoby, who leads AFS Automotive, and Franjo M. Dolenac explore challenges dealerships face with the onslaught of DMV investigations into late title and registration transfers and resulting administrative, civil, and criminal actions. They discuss litigation strategies, best practices for dealerships during investigations and litigation, and the potential repercussions of settlement agreements. Highlights of the conversation include: •DMV responsibility for backlogs during pandemic shutdowns. •Post-pandemic review of DMV backlogs leading to investigations of dealers for late title and registration transfers. •Administrative, civil, and criminal claims asserted. •The importance of cooperation within limits to protect dealers’ rights. •Subpoena or search warrant requirements for dealer business records. •Avoiding admissions of liability and probation in any resolution.

This podcast comes on the heels of a whirlwind weekend of tariff headlines from Washington, DC, and reactions around the globe. It begins with news of the tariff “reprieve” for imports from Canada and Mexico and quickly turns to the impact of such tariffs on the North American vehicle and vehicle parts industries. President and CEO of Global Automakers Canada David Adams joins Birgit to take stock of what has been (officially) announced and what lies ahead from Ottawa, Washington, and Mexico City. Listeners are encouraged to check out ArentFox Schiff’s Trump Tariffs 2.0: The Tariff Tracker and our latest alert, Trump Tariff Headlines – From Talk to Action.   Takeaways The recent tariff announcements have created significant uncertainty in the vehicle and parts sector and industry leaders should be in full contingency planning mode. The automotive industry in North America is highly integrated, complicating the impact of tariffs and tariff retaliation. The United States-Mexico-Canada Agreement has historically benefited all three countries involved and its scheduled six-year “review” in 2026 looms over these tariff announcements. What do these tariffs portend? Bottom line — executives are looking for options and they need to understand their tariff exposure. The month ahead gives executives and industry leaders time to self-assess and seek expert insight, well before the “11th hour.”

Welcome back to the AFS Fashion Insiders Executive Forum. Consumer Products Industry Group Co-Leaders Katia Asche and Matthew R. Mills discuss the ballooning legislation across states and in the federal government regulating “greenwashing” and the use of PFAS or “forever chemicals” in products ranging from food to apparel to kitchenware.  Katia and Matthew explain how mitigating exposure can help manufacturers get ahead of future claims and class actions.  Partner Michelle Mancino Marsh moderates.

A quick glance on the Zero Emission Transportation Association (ZETA) homepage reveals an impressive list of well-known corporate icons of the electric vehicle (EV) world. This special end-of-year installment of Five Questions, Five Answers comes on the heels of the November elections and the onslaught of headlines warning of new US tariffs affecting a wide range of the industry’s supply chain. The conversation was recorded at the end of 2024, but its focus was squarely on 2025 and beyond.

In this inaugural episode, hosts Jon S. Bouker and Dan H. Renberg build on ArentFox Schiff’s Election Analysis to explore the implications of the 2024 Presidential election results. They are joined by former Congressman Philip S. English and Oliver Spurgeon III, distinguished members of ArentFox Schiff’s bipartisan Government Relations practice. Together, they discuss the Republican trifecta’s impact on federal policy, the challenges facing the Trump administration, and the dynamics of trade policy. The conversation also examines the Democratic response and the future direction of policy, particularly in the realm of artificial intelligence (AI) innovation.

In the second and final part of this series, Chairman Anthony V. Lupo is joined by Diane von Furstenberg at the inaugural AFS Fashion Insiders Executive Forum, where Diane reflects on her journey from a young girl unsure of her path to a powerful woman, shaped by her iconic dress design. She shares insights from the DVF documentary, discussing her fearless and authentic life, and emphasizes the importance of learning from life experiences, designing life with practicality and comfort, and embracing the philosophy that packing lightly equates to living lightly.

Across the fashion and retail markets, artificial intelligence (AI) is revolutionizing design, marketing, and customer engagement. The legal implications surrounding intellectual property (IP) issues and the unchartered regulatory landscape puts companies at a crossroads. At last month’s AFS Fashion Insiders Executives Forum, our panel of industry insiders pulled back the curtain on how companies are navigating this new terrain and emphasized the transformative impact AI will have on the fashion industry. Highlights include: AI is revolutionizing fashion design by predicting trends and significantly reducing design time and costs through generative AI. Nike is developing proprietary large language models for tailored designs, enhancing customer engagement through personalized marketing. Legal risks include copyright and IP infringement issues, necessitating caution with AI-generated content rights. In-house AI tools require careful evaluation and policies to ensure compliance with increasing disclosure requirements in the regulatory landscape. Virtual influencers offer cost savings but come with legal risks, emphasizing the importance of compliance with AI regulations for businesses. For questions on how your brand can take advantage of the opportunity AI presents, contact Chairman Anthony V. Lupo, AI, Metaverse & Blockchain Practice Co-Leader Dan Jasnow, or Associate Felicia A. Xu.

This episode of the Private Company Strategies podcast is the first of our series, From Start-Up to Stand-Out. Hosts Adam Diederich, Berin S. Romagnolo, and Sara Rosenberg discuss the essential legal considerations for starting a business in the United States. They cover topics such as the importance of forming a legal entity, the various types of entities available, tax implications, the significance of ownership agreements, and the necessity of hiring professional support. The conversation also touches on the Corporate Transparency Act (CTA) and its requirements for new businesses.

In the latest installment of Five Questions, Five Answers, host Birgit Matthiesen is joined by Mr. Colin Bird, Canada’s Consul General in Detroit, Michigan. Consul Bird serves as Canada’s top representative for a large portion of the Great Lakes region. Among his many responsibilities, his job description is clear: to highlight the importance of one of the world’s most dynamic cross-border manufacturing sector. In today’s podcast, they focus on the electric mobility sector — from the United States-Mexico-Canada Agreement (USMCA) to the launch of the Binational Alternative Fuels Corridor. Birgit and Consul Bird turn to the future, reminding listeners of the tremendous support from Washington, DC, and Ottawa, Canada, for the electric mobility ecosystem. Highlights of the conversation include: Canada’s public and private sector investments to increase the availability of electric vehicle (EV) critical minerals. The importance of cross-border EV manufacturing and corporate partnerships. The upcoming review of the USMCA. Detroit, Michigan’s, announcement of the first Binational Alternative Fuels Corridor.

In the first installment of a two-part series, Chairman Anthony V. Lupo is joined by Diane von Furstenberg at the inaugural AFS Fashion Insiders Executive Forum, where Diane spoke about her career as a designer and how key moments shaped her into a top executive.

In the latest installment of Five Questions, Five Answers, host Birgit Matthiesen is joined by colleagues Dan Renberg, former member of the Board of Directors of the Export-Import Bank of the United States, and Kelsey Griswold-Berger, former long-time Congressional senior staff member who served as senior trade advisor to Finance Committee member Senator Richard Burr (R-NC).  They delve into the differing trade priorities of the presidential candidates, Former President Donald Trump and Vice President Kamala Harris, while also exploring the future of trade agreements, the significance of the United States-Mexico-Canada Agreement (USMCA), the dynamics of congressional races, and more. Highlights of the conversation include: How the two candidates differ on US trade policy. Insights into how congressional leadership will influence trade priorities. The future of the USMCA under either Administration. How ongoing geopolitical tensions are reshaping trade negotiations for the years ahead.

Just two weeks before the November elections, podcast host Birgit Matthiesen gathers her colleagues to talk US trade policy. Her guests are well known within the electric mobility industry — David R. Hamill, partner and International Trade & Investment practice leader, Antonio J. Rivera, Electric Mobility practice group leader, and Associate James Kim. Listen in as they untangle the news from Washington, DC, and its real-world implications for the electric mobility sector — from investment strategy to procurement options. They dive into ongoing US tariff applications, the complexity and tangle of trade regulations, and the importance of understanding critical legal definitions such as substantial transformation and “country of origin.” The discussion begins with the question of what a Trump 2.0 or Harris 1.0 Administration might change from the current direction of US trade regulations and tariffs in the context of ongoing geopolitical tensions. It ends with a look ahead to the upcoming United States-Mexico-Canada Agreement (USMCA) review consultations in 2025 and what companies could be doing now to best position their industry when formal talks are launched in mid-2026. Highlights of the conversation include: How political landscapes significantly influence trade policies. Information on US tariffs and how they are designed to incentivize domestic manufacturing. Following the presidential election, US tariffs on a wide range of imports from China are likely to continue. Insights into how companies must prepare for the USMCA review in 2025. Asking the right questions to help untangle trade regulations.

In the latest installment of Five Questions, Five Answers, host Birgit Matthiesen sits down with Thomas Boylan, regulatory director at Zero Emission Transportation Association (ZETA), to discuss the importance and benefits of transitioning to electric vehicles (EVs), specifically electric school buses, for public health, climate, and economic advantages. They delve into the need for public education and advocacy to drive the transition and the impact of trade policies and tariffs on the EV supply chain. The discussion also covers the significant role of grid modernization in supporting electric mobility and ZETA's future plans for policy implementation, defending tax incentives, and advocacy for the EV supply chain. They are also joined by Antonio Rivera, partner and leader of the firm’s Electric Mobility practice, who provides the latest updates on Section 301 tariffs and their impacts on the industry. Highlights of the conversation include: - The public health, climate, and economic benefits of advancing the adoption of EVs, particularly electric school buses. - The necessity of public education and outreach to make school districts aware of funding opportunities for electric buses and assist them in navigating the competitive application process. - The role of grid modernization, including vehicle-to-grid applications and managed charging, in supporting the transition to electric mobility. - The impact of trade policies and tariffs on the EV supply chain, underscoring the need for advocacy to protect tax incentives and promote domestic manufacturing. - The continued commitment of ZETA to implement policies, defend tax incentives, and advocate for the EV supply chain, fostering a sustainable future.

In the latest installment of Five Questions, Five Answers, host Birgit Matthiesen is joined by International Trade & Investment Partner Leah Scarpelli to discuss the recent developments in US-China tariffs, specifically the Section 301 tariffs. Birgit and Leah delve into the potential implications of a 100% tariff on electric vehicles (EVs) from China, the May 14 conclusion of the Biden Administration's review of these longstanding tariffs, the Office of the US Trade Representative’s (USTR) proposal that the tariffs will continue but most product exclusions will not, and the White House's call for public comment on these proposals. Highlights of the conversation include: • An in-depth analysis of the USTR's four-year review and its proposed changes. • The continuation and potential expansion of existing tariffs in certain sectors. • The introduction of a limited exclusion process for requesting exclusions from the tariffs. • The importance for importers to understand their supply chain and confirm the country of origin for shipments. • The encouragement for companies to submit public comments on the proposed modifications to the tariffs.

In the latest episode of Five Questions, Five Answers, Birgit Matthiesen sits down with Stephen Hanley, senior writer at CleanTechnica.com, to discuss the electric vehicle (EV) revolution and the concept of the "S curve."   They also discuss the factors that influence EV adoption, such as incentives, infrastructure, and consumer attitudes toward new technology.  Key Takeaways: - The EV revolution is alive and well in many parts of the world, with some countries like Norway already reaching mainstream acceptance. - The S curve tracks the adoption of new technologies, with 5% of customers investing in new technology being an important milestone.

In the latest installment of Five Questions, Five Answers, host Birgit Matthiesen is joined by International Trade & Investment Associate Jessica DiPietro for a deep dive into the complex world of aluminum extrusions. These ubiquitous materials, found in a broad spectrum of manufactured goods and across a multitude of industries, are currently under the microscope of a sweeping trade investigation led by Washington, DC. The potential outcome? Hefty import tariffs that could soar into triple digits. Birgit and Jessica offer a concise breakdown of the investigation, its potential triple-digit tariffs, and critical insights for company executives. Highlights of the conversation include: - The pivotal role of aluminum extrusions in key industries, notably automotive and transportation. - The intricate process of the trade investigation on aluminum extrusions, encompassing the filing of petitions and the determination of dumping and subsidization. - The broad scope of the investigation, encompassing a variety of products and countries. - The importance for companies to be proactive, specifically in reviewing their supply chain and determining the sourcing country for aluminum extrusions. - The various engagement opportunities in the investigation, including the submission of comments and participation in the International Trade Commission's (ITC) proceedings.

In this installment of Five Questions, Five Answers, Birgit Matthiesen is joined by Dr. Austin Brown, the Office Director at the US Department of Energy (DOE) Vehicle Technologies Office. In this conversation, Dr. Brown shares with listeners the role his Office plays in the Administration’s Clean Energy initiative. Highlights of the conversation include: - The Administration’s ongoing support for the US electric mobility sector. - The number of incentives and programs encouraging the development of clean energy technology, including the Bipartisan Infrastructure Law and the Inflation Reduction Act. - The DOE’s initiatives to expand the availability of electric vehicle charging infrastructure.

In the latest installment of Five Questions, Five Answers, Birgit Matthiesen is joined by Leah Scarpelli, a Partner with the firm’s International Trade & Investment Practice. In this end-of-year discussion, Birgit and Leah provide listeners with the latest news from Washington on US “special” 301 tariffs – where things stood at the end of 2023 and what to expect in 2024. Highlights of the conversation include: - The significance of US trade tensions with China and US 301 tariffs. - Recent announcements from the US Trade Representative’s (USTR) Office inviting comments on the continuation of these tariffs and comments in regard to current product exclusions. - The uncertainties surrounding tariff extensions and potential retaliation from China.

In the latest installment of WorldSmart, Hunter Carter is joined by Partner Malcolm McNeil and the CEO of FLOGEN Technologies, Dr. Florian Kongoli, to explore the intricate relationship between sustainability, technology, and the intersection of science, law, and medicine. Dr. Kongoli discusses his company’s work in the chemistry and metal industries and his involvement in FLOGEN Stars Outreach, a nonprofit organization committed to increasing the visibility of scientists and engineers in society. From November 27 - December 1, Hunter Carter will join SIPS' Carter International Symposium in Panama, honoring his distinguished work and lifetime achievements in international arbitration and human rights advocacy. Engage in round table discussions with high-level representatives, exploring pathways towards sustainability in various industries and disciplines. Learn more here.

In the latest episode of Fashion Counsel, AFS Chairman Anthony V. Lupo is joined by Thomas Crispi, AFS Product Liability and Mass Torts Practice leader, to discuss how retailers and manufacturers can anticipate potential product issues and have a plan in place to handle US Consumer Product Safety Commission (CPSC) inquires, class actions, and probable liability.

In Part 2 of 15 Minutes on Congress: Appropriations Edition, ArentFox Schiff Government Relations partner and podcast host Dan Renberg is joined by Bruce Evans, former Senate Appropriations Committee Minority Staff Director and Capitol Hill veteran with over three decades of experience, to discuss the complexities of the appropriations process in Congress and provide insight into subcommittee allocations and the continuing resolution (CR) process. Highlights of the conversation include: • Factors influencing subcommittee allocations: chairman's priorities, committee members' priorities, and minority party consultation; • Coordinate challenges between the US Senate and House when setting 302B allocations; • Stakeholders influencing 302B allocations by focusing on significant amounts or broader impact matters; • House and Senate coordination during CR creation that keeps the government running when appropriations bills miss deadlines; • The front matter, anomalies, add-ons, and communication with the White House and Office of Management and Budget (OMB) during CR creations; • External lobbying for CR items, and additions that must be significant and fit the CR context.

The ArentFox Schiff’s Electric Mobility team was delighted to accept an invitation from the organizers of The Battery Show, billed as the largest advanced battery event in North America. This year’s conference was in Novi, Michigan, a strategic suburb of Motor Town Michigan. The team’s Antonio Rivera was the featured speaker on a panel titled: "Winning the Global EV Race." The conference attracted thousands of corporate representatives and over 800 exhibitors involved in the electric vehicle battery industry. In their latest podcast, host Birgit Matthiesen is joined by team members David Hamill, Antonio Rivera, and James Kim who share key takeaways from the conference. As David, the Electric Mobility group chair, noted, "winning the Global EV Race means first winning the US EV race!” Whether you attended the Battery Show or were unable to make it, this podcast provides a "you were there" summary, complete with up-to-date insights from the EV team.

In this installment of Five Questions, Five Answers, Birgit Matthiesen hosts David Hamill, the International Trade & Investment Practice Leader at ArentFox Schiff. Later this month, David and the Electric Mobility Practice team head to Novi, Michigan, where they have been asked to speak to a corporate audience at the Battery Show, the largest advanced battery and H/EV event in North America. As a lead up to that event, Birgit and David talk strategy and the sophisticated use of trade rules. Listen as they discuss critical policy and rule developments from Washington affecting the entire vehicle supply chain and how the next immediate years can be game changers for many companies. The firm’s Electric Mobility Practice team will be well known to many listeners. Our alerts published on our website offer insight and analysis based on years of experience with business executives and association leaders. This conversation brings that experience to bear and “untangles” the myriad of new US trade regulations affecting the ever-evolving and dynamic vehicle manufacturing sector.

In the latest installment of 15 Minutes on Congress, ArentFox Schiff Government Relations partner and podcast host Dan Renberg and former Senate Appropriations Committee Staff Member Andrew Newton explore the intricacies of the appropriations process in the US Senate and House.

In the inaugural edition of 15 Minutes on Congress, host Dan Renberg is joined by his colleagues, former Sen. Byron Dorgan, former Congressman Phil English, and Reed Freeman, as they delve into the complexities of artificial intelligence (AI) regulation in Congress, addressing the challenges posed and the far-reaching implications of AI development on a global scale. Highlights of the conversation include: • The increasing attention to the concept of AI regulation, with both Republicans and Democrats seeking to develop regulatory frameworks. • Various approaches to AI regulation, such as creating a National Commission, an AI agency, and a Bill of Rights. • The importance of stakeholders in AI working closely with Congress to guide regulatory approaches. • Similarities between the rise of the internet and AI, emphasizing the challenges in comprehending the technology and its implications. • A growing consensus on principles for AI regulation, focused on ensuring AI systems are safe, effective, and transparent. • The challenge of balancing technological advancements with necessary regulations, considering the global aspect of AI development.

In this WorldSmart podcast, host Hunter T. Carter is joined by ArentFox Schiff Partner Sarah A. W. Fitts, as well as PPO Legal & Tax Partners Carlos Pinto and Pablo Ordonez, to discuss the lithium mining industry in Bolivia, its economic impact, and the role of the private sector.  Bolivia is striving to balance the opportunities and risks associated with lithium mining, particularly given the global demand for lithium in electric vehicle batteries. Lithium production is expected to grow significantly in the next five years, with international companies investing in the country. The emphasis in the coming years will be on transitioning to a post-fossil economy in Bolivia, focusing on lithium and other mining sectors. Highlights of the conversation include: - Bolivia has a significant lithium resource that is currently underexploited. - The country has shifted its policy from a purely state-owned approach to one involving joint ventures with private companies. - Foreign investment is expected to increase as Bolivia is seen as a strategic location for lithium production. - Political stability in the country is improving, making it more attractive for foreign investment. Bolivia is aiming for a post-fossil economy, focusing on lithium and other mining sectors.