Law360 Publishes Article “CIT Tells Commerce To Revisit Denied Steel Tariff Exemptions”

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Law360 Publishes Article “CIT Tells Commerce To Revisit Denied Steel Tariff Exemptions”

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January 2023—Law360 reported on a recent decision from the Court of International Trade in favor of Chaffetz Lindsey’s client, NLMK Pennsylvania LLC, holding that the Commerce Department violated the Administrative Procedure Act in denying the steel producer exemptions from Section 232 national security tariffs for its imports of semi-finished steel slab.  In holding Commerce’s decisions arbitrary and capricious and remanding the matter to the agency, the Court accepted NLMK’s position that Commerce’s regulation requires it to consider NLMK’s “end use” of the steel slab in determining whether a suitable substitute is available in the domestic market. The Court further held that the agency’s purported reliance on the “secret” analysis of third-party “Subject Matter Experts” was improper, finding that Commerce could not “rely upon conclusive statements of unidentified experts.”

View the court decision here. The Chaffetz Lindsey team included Sandy Litvack, Drew Poplinger, Matthew Burke, and Oslen Grant.

The Law360 article is available here, though a subscription might be required for access.

Filed Under: Uncategorized

Court of Int’l Trade Issues Favorable Decision for JSW Steel in Commerce Dept’s Tariff Exemption Process

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August 2020 – Law360 reported on a recent decision from the Court of International Trade in favor of Chaffetz Lindsey’s client, JSW Steel (USA).  In the first court decision addressing exemptions from the President’s 25% tariff on steel imports, the Court found that the Commerce Department’s decisions denying JSW exemption from the tariffs violated the Administrative Procedure Act, because Commerce’s decisions “are devoid of explanation and frustrate judicial review,”  and because of “defects in the record and Commerce’s failure to engage with record evidence.”

The Court remanded the matter to the agency for reconsideration. The Court denied JSW’s request for discovery “at this juncture” concerning ex parte communications between the Commerce officials and representatives of U.S. Steel, Nucor and AK Steel, who objected to JSW’s exclusion requests.  However, the Court ordered Commerce to “certify” whether it directly or indirectly considered those ex parte communications in denying JSW’s exclusion requests.  The Court also directed that, if Commerce claims it did not consider these ex parte communications, it must explain to the Court “how it determined that the discussions at these meetings with the objectors were not directly or indirectly considered in its decisions.”  The Commerce Department must provide this certification by August 17, 2020.

The Chaffetz Lindsey team included Sandy Litvack, Drew Poplinger, R. Matthew Burke, Gerard Bifulco and Oslen Grant.  The Law360 article is available here, though a subscription might be required for access.

 

 

NAVIGATING A CRISIS: Lessons from Running Our Own Businesses (Part 1)

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Two senior Chaffetz Lindsey partners share some thoughts on operating a business during a financial crisis. This page: Thoughts from Sandy Litvack, former General Counsel, Chief of Corporate Operations at the Walt Disney Company. Next page: Innovation and Opportunity in a Crisis. (Charlie Scibetta, Chaffetz Lindsey Managing Partner)

Mobilize Quickly. Form and Deploy a Strong Team. Develop a Problem-Solving Strategy.

Several years ago, the Walt Disney Group looked forward with great anticipation to the opening of Euro Disneyland. Every Disney Park had opened to instant success, and this new Park located just outside Paris and catering to all of Europe seemed destined to be among the most successful—well worth the $4 billion price tag.

However, a series of unexpected obstacles (lower than expected demand, labor strikes, protests, and a French economic recession) combined to throw Euro Disneyland into crisis shortly after it opened. Within less than a year, the Park’s creditors were threatening foreclosure. The Disney name and reputation were on the line.

Disney’s top management (its CEO, President, CFO, and I) immediately formed a team that included key internal financial people, as well as outside financial advisors, lawyers, and media advisors. We quickly formulated a strategy of proactive outreach to achieve a structure whereby the lenders, the shareholders, and Disney all contributed to assure the Park’s solvency and ongoing operations. We avoided bankruptcy, and there was no litigation at all.

The crisis response protocols we followed became standard practice for Disney whenever it is challenged, and I have regularly called on the lessons from that crisis while advising companies in the years since as a board member or outside trial counsel.

How do I sum up? Communicate and coordinate promptly, honestly, and effectively with all stakeholders. Establish a crisis response team, with clear responsibilities and lines of authority. Prepare for the public response as well as the legal response. If legal proceedings become necessary, showing your adversary you are ready for the fight, is one of the best ways to avoid it. Negotiated resolutions, to the extent they are available and attractive, are always best. And the best way to get them is to be prepared.

— Sandy Litvack, Partner, Chaffetz Lindsey; former General Counsel, Chief of Corporate Operations at the Walt Disney Company

 

 

Next Article in This Series —

Lessons from Running Our Own Businesses (Part 2): A Crisis Can Drive Innovation and Opportunity

 

Click here to view our full list of COVID-19 Information and Resources.

Chaffetz Lindsey Sponsors Council for Economic Education Visionary Awards

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October 2019 – Chaffetz Lindsey is a proud sponsor of the Council for Economic Education (CEE) 2019 Visionary Awards. The dinner reception, CEE’s signature fundraiser, recognizes leaders and educators for their meaningful contributions to increasing financial and economic education for K-12 students. This year’s program featured four honorees, plus three high school teachers who effectively deliver economics content, in and out of their classrooms, to make a positive difference in their students’ lives. Peter Chaffetz, who serves on CEE’s Board of Directors, attended the event with Sandy Litvack, Erin Valentine and Rainbow Willard.

The Council for Economic Education’s mission is to equip K-12 students with the tools and knowledge of economics and personal finance so that they can make better decisions for themselves, their families, and their communities. CEE carries out its mission by providing resources and training to K-12 educators and has done so for over 70 years. Nearly 2/3 of the teachers we reach in person are in low- and moderate-income schools.

 

Pictured (right to left): Peter Chaffetz, Rainbow Willard, Sandy Litvack, Erin Valentine, Alex Lipkind

SDNY Rules in Favor of Chaffetz Lindsey Client Marvel Entertainment

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August 2019 – The U.S. District Court for the Southern District of New York ruled in favor of Chaffetz Lindsey client Marvel Entertainment LLC to dismiss a copyright lawsuit from Ben and Ray Lai, artists and owners of Horizon Comics Productions, Inc.

In 2016, Horizon filed a lawsuit claiming the mechanized suit from the “Iron Man” franchise was appropriated by Marvel designers from a character in an earlier comic book series, “Radix.” In 2017, the judge dismissed all accusations related to the way the suit appeared in the movie, but allowed Horizon to continue the lawsuit over claims the design of an “Iron Man 3” movie poster was ripped off from the series.

The judge ultimately ruled that “there is virtually no evidence in the record that shows any one of these individuals either would have seen the [earlier work] or would have been involved in the Iron Man 3 poster design, let alone both.” Additionally, the judge wrote that “in contrast to Horizon’s virtually non-existent evidence of copying, Marvel has introduced unrebutted evidence showing its independent creation of the Iron Man 3 poster.”

Marvel was represented by Sandy Litvack, as well as Theresa House of Arnold & Porter and Benjamin Fleming of Hogan Lovells. The full summary and judgment order can be found here.

Click here to read Law360’s coverage of the case

Filed Under: Uncategorized

Renowned Trial Lawyer Sanford Litvack Joins Chaffetz Lindsey

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February 2019 – Sanford (Sandy) Litvack, a renowned trial lawyer and former general counsel and vice-chairman of the Walt Disney Company, has become a partner of Chaffetz Lindsey, a leading trial and arbitration boutique in New York.

Sandy Litvack_Headshot_2.2019“Sandy is a giant of the business trial bar who has also served with distinction both in government and in senior management at Disney.  Our clients and our team will immediately benefit from his skill, experience and judgment,” said partner Peter Chaffetz.  “We are honored that Sandy has chosen to continue his career with us.”

“Chaffetz Lindsey is precisely the kind of firm that I wanted to use when I was general counsel — a high quality litigation boutique that can handle any type of commercial litigation,” said Litvack. “I believe companies are looking for firms that are large enough to handle bigger corporate matters while being small enough to be able to do it effectively and efficiently.  Chaffetz Lindsey is precisely that kind of firm, and I am excited to be joining it.”

A 1959 graduate of Georgetown University, Litvack served as an Assistant Attorney General for Antitrust under President Jimmy Carter.  As a private practice trial lawyer he has won a broad variety of corporate cases before juries and judges, including antitrust, contract, copyright and trademark disputes.  He is a Fellow of the prestigious American College of Trial Lawyers.

In addition to his courtroom experience, Litvack also spent a decade at Disney, starting as general counsel in 1991 and rising to become chief of corporate operations and vice chairman of the board of directors.  While there, he spearheaded the acquisition of ABC and ESPN and oversaw the restructuring of Euro Disney. He has served as a director of both Disney and Hewlett Packard.  That experience has made him an invaluable strategic advisor to other boards and senior management.

Litvack was formerly senior counsel in the Litigation Practice at Hogan Lovells in New York.

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