Practice Areas

Trade Agreements and Tariffs

The rules that govern international trade are complex resulting in a dizzying array of pacts such as the US-Mexico-Canada agreement, the US-Korea and US-Japan bilaterals, and the new reciprocal tariff follow-on arrangements. These rules impact tariff rates on goods and services, investment barriers, and regulatory harmonization and are essential to global business flows. WassermanRowe has experience with assisting companies to anticipate and influence the language of these agreements and to comply with the often complex terms and access the dispute settlement mechanisms.

Now there is the Trump tariff implementation, including strategies to reduce disruption; increase resilience to higher tariffs; customs and trade strategies; supply chain shifts; supplier contract review, and advising on seeking deals from the Administration leveraging US investment.

We engage in trade lobbying and advocacy for future trade agreements, Congressional involvement (TPA, consultation with USTR on negotiations, final vote), for 301 and 232, Congressional involvement in establishing sector exclusion process. Congressional communication to USTR and White House on broad policy on bilateral negotiations.

We are expert in trade remedy work with the current steel and aluminum tariffs, pharmaceutical, semiconductor and aircraft investigations ongoing as “Section 232 national security investigations”. We have expertise in IEEPA and IEEPA legal challenges. The current reciprocal tariffs and the tariffs on Mexico and Canada are pursuant to IEEPA which allows the President to act after declared emergency. USTR initiates “Section 301” trade cases under a broad standard. There are ongoing AD/CVD trade cases which are technical cases (Commerce and ITC) based on sales below market in the US or foreign subsidies causing harm to a specific US industry.

TECHNOLOGY POLICY

Industrial policy under CHIPS and Science Act where Congress appropriated $52 billion to subsidize the US chips industry fabs and science research to incentivize investment in US chips manufacturing.

CFIUS review and mandatory/voluntary filings, including now outbound, is more prevalent, particularly for China transactions in sectors, particularly for critical technologies to national security and when high volume of personal data.

FDA

The Food and Drug Administration (FDA) regulates more than US$2.4 trillion worth of consumer goods, about 25% of consumer expenditures in the United States. This includes $466 billion in food sales, $275 billion in drugs, $60 billion in cosmetics and $18 billion in vitamin supplements. Much of these expenditures are for goods imported into the United States; the FDA is responsible for monitoring these imports.

FDA regulates food, drugs, dietary supplements, medical devices, cosmetics, petfood, tobacco products, and other products. WassermanRowe is experienced in recalls, product withdrawals, product labeling and claims, FDA premarket approvals for drugs, medical devices, tobacco products and petfood.

FOOD And beverage

Food and Beverage is a global industry including global brands focused on sustainability, non-GMO, organic, clean label, plant-based, high protein, gluten-free and other consumer-oriented matters. WassermanRowe is experienced with global regulatory standards including Codex, Non-GMO Project, geographic indications, country of origin, Fair Trade, Stop Sign labeling among other issues. The challenge is how to meet these standards and ensure supply chain compliance programs. The Trump Administration Make America Health Again (MAHA) agenda includes removal of dyes and food additives and a focus on the link between nutrition and chronic disease as new positioning for food and beverage companies.

FDA Medical Device

Successful 501K and De Novo medical device approval through FDA Offic of Medical Devices requires knowledge of the regulations and process for working with FDA to provide the legal, clinical and study design information needed to speed the approval process. We have experience moving medical devices, including testing devices, through the FDA process.

Political Law Compliance

For companies lobbying in Washington DC, an understanding of the laws around fundraising and contributing to political campaigns, along with the role and regulation of PACs is important. Lobby registration and reputational matters should also be considered for companies participating in “lobby days” to influence legislation. WassermanRowe has experience advising on fundraising and federal lobbying compliance matters.