Conferences and Events ..
PANELISTS- Biographies

 

CYNDEE TODGHAM CHERNIAK
Counsel
Lang Michener LLP
Toronto, Ontario

Cyndee Todgham Cherniak joined the International Trade Law Group, the Business Law Group and Tax Group as counsel in Lang Michener’s Toronto office in October 2007. Her practice includes: international law, including World Trade Organization (WTO) and Regional Trade Agreements (RTA) analysis, interpretations, and opinions, government relations strategies, and dispute settlement, North American Free Trade Agreement (NAFTA) verifications, value for duty, tariff classification, import and export controls and sanctions, bilateral restraint agreements, bilateral investment treaties, textile references, international protection of intellectual property rights, anti-dumping and countervailing duties, safeguard actions, government procurement, investor-state disputes, the Foreign Extraterritorial Measures Act, border and national security, food and product safety, anti-corruption and anti-bribery, and compliance programs/codes of conduct. Cyndee also has expertise in commodity tax (i.e., goods and services tax (GST), Ontario retail sales tax, Ontario employer health tax, Ontario land transfer tax, excise tax, gasoline and fuel taxes, and customs duties.  Cyndee is known as an international lawyer who works closely with other lawyers, in-house counsel, international financial institutions, trade associations, non-governmental organizations and governments.  

Cyndee is known for her expertise in the area of free trade agreements, regional trade agreements and preferential trading arrangements (collectively, PTAs).  Cyndee has reviewed over 100 RTAs as a consultant to the Asian Development Bank, has written an extensive report on all aspects of RTAs and has conducted workshops for developing countries on the negotiation of free trade agreements.  Cyndee was invited by the House of Commons, International Trade Committee to participate as a witness on the Canada-EFTA Free trade Agreement (March 11, 2008).  Cyndee provides advice to domestic and multinational corporations about maximizing opportunities by taking advantage of the benefits under existing RTAs, analyzing market access obstacles or restrictions in foreign jurisdiction and government lobbying to remove or minimize such obstacles in RTA negotiations, RTA compliance, RTA due diligence, drafting agreements to take advantage of RTA benefits.  Cyndee also advises companies on structuring transactions and drafting to protect investor rights under bilateral investment treaties (BITs) and Foreign Investment Protection and Promotion Agreements (FIPAs). Further Cyndee advises governments about all aspects of RTA negotiations, including transparency and implementation of RTA rights and obligations and procedural fairness. Cyndee’s expertise at reviewing RTAs, enables her to act as an arbitrator, and provide advice to corporations and governments concerning negotiation matters and post-agreement compliance, interpretation and dispute settlement.

Cyndee advises clients on WTO dispute settlement, NAFTA disputes settlement (including bi-national panel reviews and investor-to-state dispute settlement).  Cyndee has assisted a respected trade practitioner in advice to Canadian stakeholders in connection with WTO cases including, Canada – Certain Measures Concerning Periodicals, Canada – Certain Measures Concerning the Automobile Industry, Canada – Patent Protection of Pharmaceutical Products, United States – Treating Export Restraints as Subsidies, United States – Preliminary Determinations with Respect to Certain Softwood Lumber from Canada, and United States – Continued Dumping and Subsidy Offset Act of 2000.  Cyndee has participated as part of a team, which provided advice to stakeholders or the Government of Canada in respect of Chapter 11 of the NAFTA cases, including Re: Ethyl Corporation, United Postal Services, and Tembec Corp.

Cyndee provides advice on doing business in Canada to companies in emerging markets, such as China, India, Brazil and Mexico. She represented the Government of China, Chinese Associations and/or exporters in the three of the first four anti-dumping and countervailing duty cases against China (outdoor barbeques, carbon steel and stainless steel fasteners and copper pipe fittings) and the first China specific safeguard case initiated by Canada against outdoor barbeques from China. 

Cyndee also provides advice to Canadian companies doing business in China and/or with Chinese companies. She places an emphasis on risk management while assisting clients in pursuing opportunities in China to reduce their exposure to global threats and to protect company assets. She has provided advice to both large and small companies about the protection and enforcement of intellectual property rights in China.  She assists clients in undertaking due diligence prior to entering into business relationships in China (including business partners, joint ventures, customers, suppliers and acquisitions), and provides advice on intellectual property rights protection, tariff classification and all aspects of customs law, including Canada’s purchaser in Canada rules, royalties, calculation of value for duty and other customs issues. Cyndee has assisted companies in negotiating joint venture agreements, licensing agreements and asset sharing agreements with Chinese counter-parts. She has also counseled clients concerning the Administrative Monetary Penalty System (AMPS).  

Cyndee has assisted clients in the preparation of Requests for Re-determinations and Requests for Revocation to challenge administrative decisions in customs matters.  She provides advice to developing countries concerning the applicability of the general preferential tariff or the most-favoured nation tariff. She has also participated in NAFTA verifications undertaken by the Canada Border Services Agency and the United States Customs Service. 

Cyndee provides advice on government procurement (public sector procurement) and large public private partnerships (including design, build, own, operate and other outsourcing solutions).  She has written opinions, participated in the drafting of RFPs and evaluation criteria and provided guidance with respect to Canada’s obligations under Chapter 10 of NAFTA, the WTO Agreement on Government Procurement and Chapter Five of the Agreement on Internal Trade.  Further, she has represented clients in filing bid challenges with the Canadian International Trade Tribunal and was part of the team that secured one of the highest awards for lost profit opportunity in the Mechron Energy case.  Cyndee also has provided commodity tax advice in respect of large infrastructure projects in Canada, such as the 407 Highway project and the St. Lawrence Seaway project.

Cyndee appears before regulatory bodies and tribunals such as the Canadian International Trade Tribunal, and makes representations to the Canada Revenue Agency, the Canada Border Services Agency, the Export and Import Controls Bureau, the Department of Foreign Affairs and International Trade, the Canadian Food Inspection Agency the Department of Finance and the Ontario Ministry of Revenue.

Cyndee is the co-founder of Trade Lawyers Blog, Women Lawyers Blog and Canada Law Blog.Cyndee is a vice-chair of the American Bar Association, International Law Section customs and membership committees and the Diversity Task Force. She is past-chair of the ABA, Women’s Interest Network, and a member of the organizing committee of the 2006 ABA Annual General Meeting. Cyndee is the chair of the Canadian Bar Association, National Commodity Tax, Customs and Trade Section, Customs Subcommittee. She is an advisory board member of the Canada-United States Law Institute. Cyndee is a director of the Canada-China Lawyers’ Foundation and is a conciliator for the Canada-China Business Council/China Council for the Promotion of International Trade Joint Conciliation Centre.

Back to Panelists

Annual Conference Details

Annual Conference homepage

Conference Agenda and Program     NEW

Henry T. King Jr. 25th Anniversary Reception and Dinner     NEW

CUSLI Conference Media

Hear the Radio cast / Podcast of Ambassador Wilson's remarks to CUSLI

Conference Panelists

Conference Supporters

Powerpoint Presentations    NEW

Glidden House Inn

Intercontinental Conference Center and Hotel

About Cleveland's University Circle

 

 

2007 Annual Conference

2007 CUSLI Annual Conference Comparative Legal Aspects of Entrepreneurship in Canada and the United States was held April 13-14, 2007.

Conference Brochure

Presentations presented at the Annual Conference on April 13-14, 2007