A Proper Enforcement Clause For A Proper Trade Deal- By NEIL SISKIND

The big talk around a trade deal- if there is even an agreement on terms- is how to go about the “enforcement” of those terms.

Riddle: How many government lawyers does it take to draft an effective contract enforcement clause?

I’m not sure of the answer, but the only proper enforcement provision in a U.S.-China trade deal is one where, in exchange for China making and being obligated to make even more purchases of U.S. products, and removing retaliatory and other tariffs on US imports, tariffs below 25% remain levied upon imported Chinese goods until they perform as agreed; the tariffs could be at any reasonable and productive rate- 5%, 8%, 10%- on the products presently receiving the 10% tariff, or they could be 2%, 4%, 6%, on “all” imported Chinese goods- whatever the math is that will incentivize China to change its objectionable trade practices, while also not unduly burdening U.S. businesses.

The rate should be a “ceiling” and never go higher (unless China fails to make the agreed product purchases or fails to remove all retaliatory and other tariffs on U.S. imports), such that U.S. businesses have visibility and certainty.

China can then get tariffs to go lower and lower as they hit their benchmarks and meet their agreed upon obligations for structural changes.

There’s your enforcement clause. And there’s your trade deal.

Any deal that has no tariffs, or a penalty provision where tariffs go higher if China fails to execute on structural changes, would be a bad deal. Such would allow China’s economy to re-boot without changing, create uncertainty for U.S. businesses (in cases where tariffs can rise as a penalty), leave the U.S. government and businesses vulnerable to China’s activities, and be no different than where we were before we had any deal (save for more soybean and corn purchases, perhaps). But, any deal simply requiring China to make purchases of products that it needs to buy from somewhere anyway, in order to get lower tariffs, would not be a noteworthy achievement. In fact, it would be a heck of a lot of work, at numerous nations’ expenses, our own included, just to make a soybean sale.

 

Neil S. Siskind, Esq., President
The Siskind Law Firm
Tel: 646.530.0006

Neil Siskind is the Founder & Chairman of The Fatherhood Assignment
Neil-Siskind-photo
Learn more at:  http://www.neil-siskind-the-fatherhood-assignment.org/

Neil Siskind is the Conservator of the Neil S. Siskind Nature Preserve
Neil-Siskind-Picture

The Neil S. Siskind Nature Preserve is over 8 acres of environmentally-pristine waterfront land in a magnificent setting along New York’s majestic Hudson River. The Preserve includes a variety of species of animal and plant life, and is a precious example of the thoughtful maintenance of New York’s priceless open spaces. The land’s uses are limited to outdoor recreation such as hiking and climbing, and the study of ecology, nature and land use. The Neil S. Siskind Nature Preserve allows for the intelligent contemplation of our valuable natural resources and the most effective ways to maximize them and keep them protected.

Neil Siskind, Founder, “National Fatherhood Day” – March 29th

Neil-Siskind-pics
To encourage recognition of the needs of boys and girls who are living without fathers or father-figures in their lives.

Read about the non-profits and charities whose missions Neil Siskind supports and promotes: www.neilsiskindsupports.com
Caring is Free®

You can read what clients and associates say about Neil Siskind at: http://siskindlawfirm.com/neil-siskind-bio/.

Neil Siskind’s Volunteer Work:

– Memorial Sloan Kettering Cancer Center, Volunteer

– Memorial Sloan Kettering Cancer Center, My Fundraiser- Help Neil Siskindhelp children with cancer to be more comfortable: http://mskcc.convio.net/site/TR?px=3182108&fr_id=2632&pg=personal

– Make-A Wish Foundation- Help Neil Siskind make sick children’s wishes come true by creating your own fundraiser: Neil-Siskind/Help-Make-A-Child-Smile.htm

– DonorsChoose.org- Donate to one of my needy public classrooms: http://www.donorschoose.org/NeilSiskindGiving

– Champion Children– We seek to inspire people through stories of children who have overcome challenges: http://siskindlawfirm.com/neil-siskind-champion-children/


Neil Siskind’s Pro Bono
 Work:

– Saving Senior Citizens- Protecting New York’s senior citizens from fraud and financial abuse www.savingseniorcitizens.com

– Senior FreeStart Business– Pro Bono: We seek to help put senior citizens in the right direction so that they can face the challenges of the modern economy: http://siskindlawfirm.com/free-start-business/

– Veteran FreeStart Business– Pro Bono: We seek to help put Iraq and Afghanistan war veterans in the right direction so that they can face the challenges of the modern economy: http://siskindlawfirm.com/free-start-business/

– In development: The Neil S. Siskind School of Hope: A free school to teach inner-city youths the skills of entrepreneurship and importance of economic self-sufficiency.

Neil Siskind’s Government Work:

– Suffolk County District Attorney’s Office, Boston, MA, 1994, Intern
– Office of Senator Christopher J. Dodd, Newington, CT, 1992, Intern
– Hartford County Department of Probation, Hartford, CT, 1991, Intern

Neil Siskind’s Community Assistance:

Financed & operated a legal clinic providing low-cost legal services to struggling Long Islanders during the recession to help clients resolve debt, organize finances, and launch new businesses.

Neil Siskind’s Professional Curriculum Vitae: http://neilsiskind.com/

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pikes2

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The Fed’s Most Potent Monetary Tool? – By NEIL SISKIND

While the Fed was hawkish during the latter part of 2018 (with the lack of any price and any serious wage inflation in sight), credit spreads widened, credit tightened, stock multiples contracted, and home sales declined. But, the Fed, actually, hiked rates only slightly, even after all that “a long way from neutral” talk, and then the Fed turned dovish- because the markets did most of the Fed’s work for it by reducing asset prices, capital misallocations, and credit risks.

The one tool that the Fed has been using that markets continue to overlook: Some good old-fashioned “jawboning”, to manage expectations. As long as markets fail to recognize the importance of this tool to monetary policy, it will remain one of the Fed’s most potent tools for managing investors and the economy.

The problem for Chairman Powell is that he can’t defend his actions by explaining this tactic, or he’d be unable to keep using it, and, in the future, he’d have to actually keep raising interest rates to affect market conditions- instead of relying on jawboning, alone.

Neil Siskind’s Poetry

A Truth Of Life

The life in wait of fair and right,
is life not lived in truthful light,
is life that’s lived in dark of night,
and life that’s blind, unblessed with sight.
Insist and wait for right and fair,
the sole and only one to care,
with pride inside, you’d bravely dare,
but long you’d wait- with no one there.

George Washington’s Connection To The Neil S. Siskind Nature Preserve

Adolphus Philipse, son of a wealthy owner, Frederick Philipse, who emigrated to New York (then, New Netherlands) from The Netherlands, purchased a large track of land in 1697 from Dutch traders (who bought it from several Wiccopee chiefs), which land was Royally sanctioned as the Highland Patent. Subsequently known as the Philipse Patent, upon Adolphus’ death, the land passed to his nephew Frederick Philipse II. Upon Frederick II’s death in 1751, the land passed to Frederick II’s son, Philip Philipse, and his three daughters, one of whom was Mary Philipse (married to British Colonel, Roger Morris), who is believed to have lived with George Washington during the Revolutionary War and with whom she is believed to have engaged in an affair, as described in the new novel, George and Mary (Washington’s wife was living in Virginia for her safety).

Following the end of the Revolutionary War, New York state seized all of the Philipse family’s land holdings, including the Philipse Patent, because Frederick III, Mary’s brother, sided with the British and left New York for England in 1783- even though Frederick III was not an owner of any of the Philipse Patent land. The land was auctioned-off and divided in 200 parcels, all of which, together, formed modern day Putnam County. Philipstown is, of course, named after the Philipse family.

The Neil S. Siskind Nature Preserve comprises over 8 acres of the waterfront portion of the Philipse family’s former land known as the Philipse Patent.

 

 

Large Companies Are Good For Large Companies- Unless … By NEIL SISKIND

As companies in all industries grow larger and larger as their need for scale is greater and greater, and as margins and consumer incomes go lower and lower (or stay stuck), customers suffer from less and less customer service and lower and lower levels customer care.

Smaller companies are put out of business by the large companies, leaving consumers little choice.

Consumers patronize large companies because they often offer lower prices- often along with worse service.

Largeness of companies benefits those large companies- but, not consumers, unless they offer consumers lower prices- and this is not always the case.

For example, real estate brokerages are growing larger and larger as the large companies absorb local agencies. How does this benefit the consumer?

It doesn’t. The scale has not reduced the commission rates- or offered better service.

 

Neil S. Siskind, Esq., President
The Siskind Law Firm
Tel: 646.530.0006

Neil Siskind is the Founder & Chairman of The Fatherhood Assignment
Neil-Siskind-photo
Learn more at:  http://www.neil-siskind-the-fatherhood-assignment.org/

Neil Siskind is the Conservator of the Neil S. Siskind Nature Preserve
Neil-Siskind-Picture

The Neil S. Siskind Nature Preserve is over 8 acres of environmentally-pristine waterfront land in a magnificent setting along New York’s majestic Hudson River. The Preserve includes a variety of species of animal and plant life, and is a precious example of the thoughtful maintenance of New York’s priceless open spaces. The land’s uses are limited to outdoor recreation such as hiking and climbing, and the study of ecology, nature and land use. The Neil S. Siskind Nature Preserve allows for the intelligent contemplation of our valuable natural resources and the most effective ways to maximize them and keep them protected.

Neil Siskind, Founder, “National Fatherhood Day” – March 29th

Neil-Siskind-pics
To encourage recognition of the needs of boys and girls who are living without fathers or father-figures in their lives.

Read about the non-profits and charities whose missions Neil Siskind supports and promotes: www.neilsiskindsupports.com
Caring is Free®

You can read what clients and associates say about Neil Siskind at: http://siskindlawfirm.com/neil-siskind-bio/.

Neil Siskind’s Volunteer Work:

– Memorial Sloan Kettering Cancer Center, Volunteer

– Memorial Sloan Kettering Cancer Center, My Fundraiser- Help Neil Siskindhelp children with cancer to be more comfortable: http://mskcc.convio.net/site/TR?px=3182108&fr_id=2632&pg=personal

– Make-A Wish Foundation- Help Neil Siskind make sick children’s wishes come true by creating your own fundraiser: Neil-Siskind/Help-Make-A-Child-Smile.htm

– DonorsChoose.org- Donate to one of my needy public classrooms: http://www.donorschoose.org/NeilSiskindGiving

– Champion Children– We seek to inspire people through stories of children who have overcome challenges: http://siskindlawfirm.com/neil-siskind-champion-children/


Neil Siskind’s Pro Bono
 Work:

– Saving Senior Citizens- Protecting New York’s senior citizens from fraud and financial abuse www.savingseniorcitizens.com

– Senior FreeStart Business– Pro Bono: We seek to help put senior citizens in the right direction so that they can face the challenges of the modern economy: http://siskindlawfirm.com/free-start-business/

– Veteran FreeStart Business– Pro Bono: We seek to help put Iraq and Afghanistan war veterans in the right direction so that they can face the challenges of the modern economy: http://siskindlawfirm.com/free-start-business/

– In development: The Neil S. Siskind School of Hope: A free school to teach inner-city youths the skills of entrepreneurship and importance of economic self-sufficiency.

Neil Siskind’s Government Work:

– Suffolk County District Attorney’s Office, Boston, MA, 1994, Intern
– Office of Senator Christopher J. Dodd, Newington, CT, 1992, Intern
– Hartford County Department of Probation, Hartford, CT, 1991, Intern

Neil Siskind’s Community Assistance:

Financed & operated a legal clinic providing low-cost legal services to struggling Long Islanders during the recession to help clients resolve debt, organize finances, and launch new businesses.

Neil Siskind’s Professional Curriculum Vitae: http://neilsiskind.com/

Sponsored Advertisements

Inventors, IP Owners, Manufacturers
Learn How To Bring Products To Market And To Expand Your Distribution Channels
The Complete Guide To The Ways To Manufacture & Sell Your Products

 

Neil Siskind’s Poetry

Unforeseeable Betrayal

by Neil Siskind

With the fire and ire of a despot in power,
your strength denied the length of the ultimate hour.
You planted seeds filled with deeds for the loyal to sour,
and clear thinking, your secret disdain did devour- as the might of your flaws forced your judgment to cower.

Too much trust often thrust on those seemingly real-
in dark corners, concealed from adorers, are the places they steal.
Eventually, what’s expected to be, replaced by bravado and zeal,
with the consequence being how a preponderance of victims would feel.

Banished to Elba and trapped in a cell,
like a tyrant who’s captured and in isolation’s hell;
no, not you, my sweet, ‘tis how, in defeat, my broken spirit does dwell-
while you once seemed omnipotent, your character is impotent- insofar as I can tell.

Be gone, for the soreness of an angry mob comes,
as you violate trust and as your morality numbs,
in my eyes, what survives, are just your character’s crumbs;
far away seem the days you appeared as the sun- now eclipsed by your choices that can’t be undone.

The Reason That “Snap” Keeps Snapping Along- By: NEIL SISKIND

As executive turnover at Snaps continues in a concerning way, revenues are rising, active user numbers are stabilizing, youth use is growing, losses are narrowing, and an android design is expanding.

So, ask yourself: What is the one constant at Snap as it’s numbers in all categories continue to improve?

Even Spiegel. [1]

The more the numbers improve, the greater the likelihood that Snap is acquired by a large media or technology company- especially as it convinces the market that it is not competing with Instagram and offers so much more in the way of  unique services and innovations for users.

_______________________________________

fn

[1]. Ask yourself: As Facebook goes from the accusation of the initial idea for Facebook being ripped-off, to the accusation of it ripping-off Snap’s ideas, to the accusations of misappropriating user date, what is the one constant at Facebook through it all:

Mark Zuckerberg

Trademarks: Nice Try, Mazda- by NEIL SISKIND

Generally, trademarks are established and protected in either (or both) of two ways: (i) Through actual and uninterrupted use; and/or (ii) through registration with the USPTO.

Irrespective of the way that one goes about attempting to establish and claim exclusive rights to a trademark, the “mark” has to be “protectable”- meaning that it has to be unique (and, of course, not in use by some other person or company). The use of everyday words and phrases, by and large, won’t pass the test.

Moreover, the word or phrase on which trademark rights are being claimed must actually be regularly used in connection with a product or service. One can’t just claim a trademark, but then never actually use it as a trademark, and still be able to maintain the rights to that trademark.

More and more, companies are making television commercials where they are attempting to claim exclusive trademark rights to commonly-used words or phrases by placing the trademark notice “TM” next to that word or phrase to ensure that no other company can use such word or phrase to sell the same or similar products.

Here’s an example:

In a recent Mazda commercial, at the end of the commercial, the following phrase appears on the screen:

“Feel Alive”

Next to the phrase, there is a “TM” to indicate that Mazda is attempting to establish the phrase as its exclusive trademark for the sale of cars, with such phrase to be used exclusively by Mazda. This would mean that no other car company can say or write “feel alive” when talking about or trying to sell its cars … which, of course, is ridiculous- and such trademark would not be enforceable if Mazda challenged another car company’s use of this phrase.

The “TM” or “poor man’s trademark” is very useful if a trademark is protectable- but, it’s not magical, and can’t turn an unprotectable word or phrase into such.

The one great thing about this method of establishing a trademark is that it makes a costly and complicated concept- establishing and protecting trademarks- into a simple, cost-free task. You can’t say that too often about IP … or about the law, in general.

 

 

Neil S. Siskind, Esq., President
The Siskind Law Firm
Tel: 646.530.0006

Neil Siskind is the Founder & Chairman of The Fatherhood Assignment
Neil-Siskind-photo
Learn more at:  http://www.neil-siskind-the-fatherhood-assignment.org/

Neil Siskind is the Conservator of the Neil S. Siskind Nature Preserve
Neil-Siskind-Picture

The Neil S. Siskind Nature Preserve is over 8 acres of environmentally-pristine waterfront land in a magnificent setting along New York’s majestic Hudson River. The Preserve includes a variety of species of animal and plant life, and is a precious example of the thoughtful maintenance of New York’s priceless open spaces. The land’s uses are limited to outdoor recreation such as hiking and climbing, and the study of ecology, nature and land use. The Neil S. Siskind Nature Preserve allows for the intelligent contemplation of our valuable natural resources and the most effective ways to maximize them and keep them protected.

Neil Siskind, Founder, “National Fatherhood Day” – March 29th

Neil-Siskind-pics
To encourage recognition of the needs of boys and girls who are living without fathers or father-figures in their lives.

Read about the non-profits and charities whose missions Neil Siskind supports and promotes: www.neilsiskindsupports.com
Caring is Free®

You can read what clients and associates say about Neil Siskind at: http://siskindlawfirm.com/neil-siskind-bio/.

Neil Siskind’s Volunteer Work:

– Memorial Sloan Kettering Cancer Center, Volunteer

– Memorial Sloan Kettering Cancer Center, My Fundraiser- Help Neil Siskindhelp children with cancer to be more comfortable: http://mskcc.convio.net/site/TR?px=3182108&fr_id=2632&pg=personal

– Make-A Wish Foundation- Help Neil Siskind make sick children’s wishes come true by creating your own fundraiser: Neil-Siskind/Help-Make-A-Child-Smile.htm

– DonorsChoose.org- Donate to one of my needy public classrooms: http://www.donorschoose.org/NeilSiskindGiving

– Champion Children– We seek to inspire people through stories of children who have overcome challenges: http://siskindlawfirm.com/neil-siskind-champion-children/


Neil Siskind’s Pro Bono
 Work:

– Saving Senior Citizens- Protecting New York’s senior citizens from fraud and financial abuse www.savingseniorcitizens.com

– Senior FreeStart Business– Pro Bono: We seek to help put senior citizens in the right direction so that they can face the challenges of the modern economy: http://siskindlawfirm.com/free-start-business/

– Veteran FreeStart Business– Pro Bono: We seek to help put Iraq and Afghanistan war veterans in the right direction so that they can face the challenges of the modern economy: http://siskindlawfirm.com/free-start-business/

– In development: The Neil S. Siskind School of Hope: A free school to teach inner-city youths the skills of entrepreneurship and importance of economic self-sufficiency.

Neil Siskind’s Government Work:

– Suffolk County District Attorney’s Office, Boston, MA, 1994, Intern
– Office of Senator Christopher J. Dodd, Newington, CT, 1992, Intern
– Hartford County Department of Probation, Hartford, CT, 1991, Intern

Neil Siskind’s Community Assistance:

Financed & operated a legal clinic providing low-cost legal services to struggling Long Islanders during the recession to help clients resolve debt, organize finances, and launch new businesses.

Neil Siskind’s Professional Curriculum Vitae: http://neilsiskind.com/

Sponsored Advertisements

Inventors, IP Owners, Manufacturers
Learn How To Bring Products To Market And To Expand Your Distribution Channels
The Complete Guide To The Ways To Manufacture & Sell Your Products