Fox Rothschild LLP (LexBlog Mexico)

Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of PFAS-containing wastewater to groundwater without a permit.  NMED...

In September 2020, the New Mexico Environment Department (NMED) finalized the settlement of an enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of PFAS-containing wastewater to groundwater without a permit. According to the allegations of an administrative compliance order (ACO) issued in January 2020, CAFB had an...

The fact that the US-Mexico-Canada Agreement (“USMCA”), which replaced NAFTA on July 1, does not require any particular form Certificate of Origin (“COO”) has left many importers and exporters confused on the proper manner of certifying goods as “originating” under USMCA. The new trade agreement dispensed with the formality of the Form 434 COO under...

As some U.S. states are starting to re-open parts of their state, this alert is a reminder that the U.S. border with both Mexico and Canada remains closed for non-essential travel and will remain so until at least May 21st. Federal Regulations state that individuals traveling for tourism purposes (sightseeing, recreation, gambling or attending cultural...

Though the USMCA has been ratified by Mexico, the trade agreement still faces a vote in Canada and, perhaps more concerning, the US. Under the Trade Promotion Authority (“TPA”), both houses of US Congress must vote in favor of the implementing bill, which is expected to be submitted to Congress after September 1. Submission of...

Out-of-state franchisors beware of opening a franchise in New Mexico due to the recent decision in A&W Restaurants, Inc. v. Taxation and Revenue Department of the State of New Mexico and the potential for tax liability. The Taxation and Revenue Department of the State of New Mexico (“Dept.”) assessed over $29,000 in unpaid taxes against...

In a recent decision, the Court of International Trade (CIT) denied the government’s request for a stay of the preliminary injunction that the CIT had implemented in July, banning the importation of certain seafood from Mexico. In July, the CIT upheld its preliminary order and granted the preliminary injunction sought by conservation groups to protect the...

A New Mexico utility has filed a petition asking the U.S. Supreme Court to hear an appeal of a decision precluding it from condemning land for a power line because the Navajo Nation held an interest in that property. The Tenth Circuit Court of Appeals held there is no federal law permitting tribal lands to...

Public comment on NAFTA renegotiations has been extended until midnight tonight ET, according to an Alert by Nevena Simidjiyska published on June 13: The process of renegotiating the North American Free Trade Agreement (NAFTA) with Mexico and Canada officially began on May 18 when the Office of the U.S. Trade Representative (USTR) notified Congress, triggering a...

IRS Code Section 280E presents many challenges for business in the cannabis industry. Our partner, Jennifer Benda, recently blogged about how a court in New Mexico addressed this issue. Check out the blog here.

Confirming what has been the trend in states including Oregon and New Mexico, the Colorado Court of Appeals recently confirmed, in Craig and Mullins v. Masterpiece Cakeshop, that a religious objection to same-sex marriage is not a sufficient reason to refuse service to homosexual couples. The case began in 2012 when Craig and Mullins, who planned...

In the recent Court of Chancery decision of De Vries v. Del Mar, L.L.C., C.A. No. 9372-ML (June 3, 2015), Master LeGrow granted disclosure of privileged information under the Garner doctrine relating to the settlement of a $3 million loan to Del Mar, LLC (the “Company”), the transfer of the Company’s primary asset – a...

Once again, it is time for the IMPACT Conference, one of the most established conferences in the Philadelphia region. It occurs on October 28 and 29, 2014 at the Ritz-Carleton Philadelphia and promises to attract well over 1100 attendees. Organized by the Philadelphia Alliance for Capital and Technologies (PACT), the event has a robust agenda...

Our recent post on sleep apnea as a disability brought some good reader questions and comments which bear posting.  One, from a Mexican lawyer, and a second, from a Canadian talent officer, ask some good questions about American laws — does anyone want to try responding? The last brings Shakespeare (Shakespeare?) to bear on sleep apnea. Luis Daccarett, Judicial Law...

The EEOC’s Denver and Detroit Field Offices have announced that they have entered into Memoranda of Understanding with the Consulate of Mexico to assist Mexican workers in the US in the area of employment discrimination.   These “MOU’s” will establish a collaboration that will involve the EEOC providing the Consulate and Mexican nationals with Spanish-language...

Sexual harassment is on the EEOC’s radar, as we know.  And we also know that the EEOC intends to continue its practice of filing class action or systemic lawsuits. Finally, we blogged last week that the EEOC encourages settlements.   It is therefore not a total surprise that the EEOC has just announced that it settled a class action...

Apropos to our blog entry of October 9th, where we described the EEOC’s targeting of cases of harassment and abuse of “vulnerable” employees, especially farm workers, the EEOC announced yesterday that it settled a case against a vineyard in Ukiah, California on behalf of farm workers.   The suit alleged national origin harassment against Mexican-born winery...

In November, Jeoffrey Burtch, the Chapter 7 Trustee in the AE Liquidation bankruptcy (formerly “Eclipse Aviation”), began filing preference actions against various creditors of Eclipse.  Eclipse Aviation began as a New Mexico manufacturer of small jet aircraft.  The company filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware on November 25, 2008.  As stated in...

A North Carolina woman recently sued her husband’s paramour and won big, and I mean big. Cynthia Shackelford won $9 million in a law suit against Anne Lundquist, the woman who had an affair with Cynthia Shackelford’s husband, Allan Shackelford. North Carolina along with six other states (Hawaii, Illinois, Mississippi, New Mexico, South Dakota and Utah) recognize...

Eclipse Aviation,  the New Mexico manufacturer of small jet aircraft, filed for bankruptcy in Delaware on November 25, 2008.  As stated in the Affidavit in Support of Eclipse’s Bankruptcy Motions,  Eclipse was started 10 years as a manufacturer of aircraft ideal for individual pilots, small companies seeking corporate aircraft and air taxi services serving smaller hubs.  In order to...