Webinar: USMCA Rapid Response Mechanism: First Cases and Lessons Learned
October 20 @ 11:00 am – 12:15 pm
1.25 Hours MCLE. Special low price!
The first labor complaint under the United States-Mexico-Canada Agreement (USMCA) Rapid Response Mechanism was filed by the AFL-CIO and other groups in May. They alleged that workers at an auto parts factory in Matamoros, Mexico, were being denied the right to organize. A few days after that complaint was filed, the United States Trade Representative (USTR) also initiated a request through the Rapid Response Labor Mechanism to review allegations of serious violations of workers’ rights at a facility in Silao, Mexico.
The USMCA, which took effect in July 2020, replaced the North American Free Trade Agreement (NAFTA). NAFTA had also contained mechanisms for settling investor-state disputes and disputes between the parties. However, the Rapid Response Labor Mechanism is a new procedure that establishes a streamlined dispute resolution process allowing an ad hoc tribunal to determine whether a specific facility is in compliance with labor laws.
Join a conversation with attorneys from the U.S. and Mexico to understand the implications for U.S. and Mexican businesses and for Mexican labor unions.
This is a joint program of the National Association of Business Lawyers, Mexico (ANADE) and the International Law Section of the California Lawyers Association.
Moderator: Richard Bainter. Speakers: Alfredo Kupfer Dominguez, Ken Smith Ramos, and Daniel Rangel.
Alfredo Kupfer Dominguez
Alfredo heads the firm’s Labor, Social Security and Immigration practice group. He advises local and foreign clients in complex labor and employment matters, including union negotiations, planning for new and existing investments in efficient labor structures, executive transfers and terminations, social security and data privacy matters, formation and implementation of pension plans, equity compensation programs, and flexible benefit plans. Alfredo also advises clients on labor matters in mergers, acquisitions, restructurings and privatizations and has developed successful labor relations strategies. He has assisted clients in complex collective litigation, including strikes, work stoppages, union certification and inter-union conflicts. Before joining Sánchez Devanny, he was partner at an international law firm. He is fluent in English and Spanish. Alfredo headed the Labor Affairs Committee of the American Chamber of Commerce in Mexico for over 10 years and is currently the Labour Counsel of the Chamber. He is the Under-Director of the National Association of Export Companies (INDEX) and member of the National Association of Company Lawyers (ANADE). Alfredo was recently appointed by the Mexican Government as panelist to the Rapid Response Labour Mechanism of the USMCA, for disputes between Mexico and Canada. From 2013 to 2018 he was the manager partner in the firm’s Mexico City office. Alfredo was appointed Chairman of the Human Capital and Labour Affairs Committee for the period 2021-2023 of American Chamber Mexico.
Ken Smith Ramos
Ken focuses on helping international clients to identify trade and foreign direct investment opportunities derived from the new generation of Free Trade Agreements (FTAs) that Mexico has negotiated, such as CPTPP, the MX-EU FTA, and the NAFTA/USMCA. Ken also advises clients who face trade barriers and assists them in developing strategies to obtain or expand access into key international markets, including Mexico.
Prior to joining Agon, Ken served as Mexico´s Chief Negotiator for the modernization of the North American Free Trade Agreement (NAFTA) that led to the signing of the USMCA. He has been an integral part of Mexico’s negotiating team representing several government agencies, and began his career with the team negotiating the NAFTA in 1992.
Ken holds a Bachelor’s degree in International Affairs from Georgetown University, and a Master’s degree in International Economics from Johns Hopkins, School of Advanced International Studies (SAIS).
Daniel Rangel, Research Director of Public Citizen’s Global Trade Watch (GTW), is in charge of planning and executing research strategies, projects, and materials on a wide array of trade, investment, and globalization issues. He holds a master’s degree in International Economic Policy from Sciences Po Paris and an LL.M. in International Legal Studies from Georgetown University Law Center, where he graduated first in his class and received the Thomas Bradbury Chetwood S.J. Prize. Before joining GTW, Daniel was an associate at a boutique law firm in Colombia specialized in international trade and he also has work experience at the Colombian Ministry of Trade and the Investment Division of the OECD.
Richard Bainter has advised a number of international organizations on issues related to diplomatic and organizational immunities. He has worked in Bosnia, Bulgaria, Kosovo, Lithuania, Poland and Vietnam. He lives in San Diego, California and has taught courses on international law and international organizations at the University of San Diego School of Law, Thomas Jefferson School of Law and the University of California, San Diego. Mr. Bainter serves on the Executive Committee of the International Law Section of the California Lawyers Association, the National Governing Board of Common Cause, and the Advisory Board of the San Diego Diplomacy Council.