Congress Expands the Oil Pollution Act to Reach Spills Originating Outside of the U.S.

The Foreign Spill Protection Act of 2017 establishes oil spill liability in the U.S. for foreign-based offshore exploration and production facilities.

Key Tax Reform Issues for Nonprofit Membership Organizations/Associations

While associations won't face the harshest proposals, several features of the Tax Cuts and Jobs Act will have a negative impact on tax-exempt membership organizations.

A Sexual Harassment Sea Change for Employers?

Thanks to movements like #MeToo and Times Up, workplace harassment victims may be more empowered than ever before to make their voices heard. Even companies with clearly established zero tolerance policies need to be prepared to address such crises publicly, or else be exposed to significant reputational damage.

Status of the Iran Nuclear Deal and New Sanctions Designations

In a statement, President Trump warned European allies that unless they fix these four flaws in the Iran nuclear deal, the U.S. intends to withdraw from it. 

Department of Labor Changes Rules on Unpaid Internships

The U.S. Department of Labor has announced a new seven-factor test to determine whether an intern is entitled to payment under the FLSA’s minimum wage provisions.

U.S. Targets Human Rights Abusers and Corrupt Actors Worldwide – Key Takeaways from the Potent New Sanctions

Executive Order 13818 authorizes the imposition of sanctions on individuals worldwide connected with “serious human rights abuse,” corruption, or “the transfer or the facilitation of the transfer of the proceeds of corruption.” Here is what businesses need to know.

Update on U.S. Investigation of China’s IP Practices

The U.S. Trade Representative is expected to announce affirmative findings and remedy recommendations regarding China's alleged violation of Section 301(b)(1) of the Trade Act. What happens next?

Five Things Employers Should Know about Tax Reform

The final Tax Cuts and Jobs Act will require employers to address a number of  changes to equity compensation and employee benefits laws. Here are five major ones.

The Impact of the Tax Cuts and Jobs Act on LIHTC Investments

With the Tax Cuts and Jobs Act signed into law, investors in low income housing tax credit projects should take note of a few important changes.

The SEC’s Shutdown of the Munchee ICO

The SEC’s recent shutdown of Munchee Inc.’s planned initial coin offering illustrates just how murky the related securities law can be. To see an offering through—and ensure compliance with the Securities Act—businesses exploring an ICO should consider its Rule 506(c) and Regulation A provisions.

Historic Estate Planning Opportunities from Tax Reform

How can your estate planning efforts take advantage of the new tax law? Here are some beneficial changes.

The Fall 2017 Unified Federal Regulatory Agenda

The Office of Information and Regulatory Affairs and the Office of Management and Budget have posted the Fall 2017 Agency Statements of Regulatory Priorities. Here's a look at what's ahead.

December 31, 2017 Deadline for Cybersecurity under DFARS 252.204-7012 Re-Interpreted

With the December 31 deadline for cybersecurity compliance just around the corner, the Department of Defense has clarified some of its expectations.

The Algorithm Did It: The Evolving Legal Landscape of the Internet’s Favorite Tool

There are no shortage of practical, legal considerations for businesses that employ algorithms.

Last Minute Tax Change Benefits Commercial Real Estate

A last-minute change to the Tax Cuts and Jobs Act could be particularly beneficial to certain commercial property owners with few employees and leveraged capital investments.

DOL Again Delays Implementation of ERISA Fiduciary Rule

The latest postponment comes amid Department of Labor concerns that financial institutions and advisors may incur undue expense. Is a more comprehensive revision--or total repeal--next?

Large Whistleblower Award to Non U.S. Person – Lessons for Anti-Corruption Compliance Programs

Increasingly, The SEC is being alerted to securities fraud by whistleblowers living in foreign countries. It is a trend that only further incentivizes sound compliance.

Ireland Set to Bring Anti-Bribery and Corruption Laws Up-to-Date

New legislation represents a major update to Irish anti-bribery and corruption laws. International companies with Irish subsidiaries, as well as Irish-headquartered companies, should take note.

Retroactive Corporate Liability for Human Rights Abuses

Section 13 of the Criminal Finances Act 2017 is now in effect in the United Kingdom, meaning companies have far greater liability for human rights violations.

Five Things to Know about the Tax Cuts and Jobs Act

As the House and Senate head to conference regarding the final tax bill, every business should pay particular attention to how these five issues are handled.

The Trump Administration’s First Steps Toward Streamlining Environmental Reviews

An August Executive Order aims to fast-track federal review of infrastructure projects, including a streamlined environmental review process of projects deemed “high-priority.” Recent actions taken by the Council on Environmental Quality and the U.S. Department of the Interior indicate what that might look like.

CBP Takes Measures to Enforce Ban on Imports Made with Forced Labor and Sanctions for Forced North Korean Labor in Supply Chains

With a renewed focus on enforcing its ban on imports of forced labor, U.S. Customs and Border Protection has taken new measures so importers don't run afoul.

Time Is of the Essence: Multinational Companies Must Respond to Cyber Regulation

Cyberinsurance could help mitigate risk for companies impacted by the new EU General Data Protection Regulation when it takes effect in May.

The Trump Administration Gets Its Man at the CFPB

President Trump’s appointment of Mick Mulvaney as Acting Director has clear implications for the future of the CFPB.

Estate Planning Under the Tax Cuts and Jobs Act

The Tax Cuts Jobs Act passed by the House will almost certainly be amended in the Senate but, as currently drafted, the legislation will dramatically change the estate and gift tax regime in United States.

Prime Contractors Take Note of New California Law Imposing Liability for Subcontractors’ Employees’ Unpaid Wages

A new California law requires prime contractors on private projects to be as involved in monitoring their subcontractors’ payroll practices as their public works counterparts.

Changes to Supply Chain Management and Commercial Item Contracting in FY 2018 NDAA

The latest National Defense and Authorization Act Conference Report proposes changes to supply chain management, the definition of a “subcontractor” and commercial item contracting that could impact your business.

Are Smart Contracts Smart Enough for the Insurance Industry?

Smart contracts may be the way of the future but when it comes to insurance policies, are they smart enough?

Changes to Audit and Truth in Negotiations Act in FY 2018 NDAA

The 2018 NDAA Conference Report leaves little question that Congress remains unhappy with the Defense Contract Audit Agency’s (DCAA) audit backlog.

Are Smart Contracts Smart Enough for the Insurance Industry?

Third-party intervention may now prove unnecessary when interpreting and enforcing contract provisions—at least this is what proponents of smart contracts believe. The overall goal, they argue, is to provide security unattainable through traditional contract law, and to reduce additional transaction costs that come with the traditional process. Will insurance policies become the laboratory to test their thesis?

Three Key Aspects of the Proposed Reform to the CFIUS Process

A bill updating the Committee on Foreign Investment in the U.S. and the national security review process has been introduced in the U.S. House and Senate. Here's what you need to know.

Tax Reform: The Shifting Landscape of Executive and Equity Compensation

The House and Senate propose wide-sweeping amendments to the tax rules regarding executive and equity compensation that would affect public and private for-profit companies as well as tax-exempt organizations.

EU Data Transfer Solutions Under Further Judicial Scrutiny – What Next For Model Contract Clauses?

Many organizations rely on MCCs to transfer personal data worldwide. That's why data exporters await an EU ruling on the issue with bated breath.

Reaching for a Rarely Used Tool to Probe China IP Practices

President Trump has repeatedly express concern about China's trade practices, most notably its technology transfer requirements. Now the U.S. Trade Representative is employing a rarely used tool to investigate.

The ICO’s Draft Guidance Leaves Unanswered Questions on Processor Obligation to Notify Infringing Instructions

One GDPR requirement has been a particular source of angst for commercial and data protection professionals--especially those acting for processors and sub-processors.

Legal issues in Additive Manufacturing Technology – peeling back the layers

As a result of dropping costs and advancing technologies, 3D printing and other forms of additive manufacturing (AM) have experienced rapid growth. A clearer regulatory framework seems sure to follow.

Evolving U.S. and UN Sanctions Against North Korea

The U.S. and UN have imposed a number of sanctions on North Korea since the middle of 2017. Here is a summary of all the key pronouncements.

U.S. Government Agencies Publish Changes to Cuba Sanctions Program Pursuant to President Trump’s Policy Announcement

The U.S. government has announced a number of changes to its sanctions program in Cuba, adjusting some of the broader reforms initiated during the previous administration.

Initial Coin Offerings (ICOs): The Current State of Play

ICOs represent a new and innovative way for companies to raise capital but sponsors still need to ensure regulatory compliance. Here's what you need to know.

Russia Sanctions Under CAATSA – U.S. Updates Rules and Provides Guidance on Enforcement

U.S. efforts to advance sections of the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA) will impact the implementation and enforcement of Russia-related sanctions.

U.S. DOT Releases Draft Strategic Plan Beginning Implementation of Trump Administration’s Executive Order on Project Streamlining

The U.S. Department of Transportation (DOT) has released a draft Strategic Plan that establishes goals for increasing investment and streamlining environmental review and approval of transportation infrastructure projects over the next five years. The draft Plan is DOT’s first formal action in response to the Administration’s Executive Order on streamlining. Although it identifies needs and objectives it provides few specifics.

Another Market Opens: U.S. Revokes Sudanese Sanctions Program Though Important Limitations Remain in Place

The U.S. government has revoked sanctions regulations in recognition of Sudan’s sustained positive actions in stopping conflict and improving humanitarian access. However, since Sudan remains designated as a “State Sponsor of Terrorism,” key restrictions remain and companies must continue to abide by applicable anti-corruption and anti-money laundering laws.

ARC Dispute May Mean Further Delay in Needed Drone Regulation

The Unmanned Aircraft Systems Identification and Tracking Aviation Rulemaking Committee has failed to reach consensus on issues described as fundamental for operations over people and operations beyond the visual line-of-sight (BVLOS). The UAS industry is growing rapidly but If users are to capitalize on this opportunity, the FAA will need to get serious about catching up.

Global In-House Centers in India, v 2.0

Recent years have seen a resurgence of interest in Global In-House Centers (GICs) in India across a wide range of industries, including transportation, telecom, media, manufacturing, medical devices, oil & gas, aerospace, retail and hospitality. Despite India’s attractive low-cost talent pool, ultimate success with GICs depends on careful planning and execution—including committing necessary resources and understanding the country’s unique requirements.

Without Further Delay: The ERISA Fiduciary Rule

On April 7, 2017, the Department of Labor (DOL) published a final rule delaying the applicability date of the “Fiduciary” rule and certain related “Prohibited Transaction Exemption” rules until June 9, 2017. Although there was speculation as to whether the DOL would further delay the applicability date of the Rules, on May 22, 2017, the DOL issued Field Assistance Bulletin 2017-02 and Conflict of Interest FAQ (the May 2017 Guidance) confirming that the applicability date will remain June 9, 2017.

Acquirers Beware: Salary History Bans Impact Employment Diligence and Arrangements

In a new law taking effect October 31, New York City has made it an unlawful for employers to inquire about prospective employees’ salary history (all compensation, benefits, bonuses and retirement plans), or to consider a job applicant’s salary history when determining compensation. Employers across the country should pay particular attention to developments in this growing area of law.

House Judiciary Committee Votes to Advance Controversial ADA Amendment

The House of Representatives has proposed legislation that would limit Americans with Disabilities Act lawsuits based on a business’s failure to proactively remove obstacles that impede access to existing public accommodations. Disabled persons’ groups oppose the bill.

Singer v. Newton: Making Sense of Federal Preemption and Drone Regulation

A recent federal court decision limits state and local governments’ ability to regulate drones in areas preempted by federal law. The Massachusetts Federal District Court held that local regulations may not conflict with FAA regulations regarding registration, permitted flight or restricting flight within navigable airspace.

Council on Environmental Quality Takes First Step to Implement Trump Executive Order on Streamlining Federal Environmental Reviews

The Council on Environmental Quality (CEQ), which oversees federal agency compliance with the National Environmental Policy Act, has announced a list of planned actions to implement President Trump’s Executive Order on streamlining federal environmental reviews. While the Order and CEQ notice have launched a process that could transform federal environmental reviews and approvals, they provide few specifics, and their impact remains to be seen.

Cyberattacks Are the New Norm

Attorneys general are increasingly launching investigations and filing lawsuits against companies whose customer databases have been stolen. Because of the significant possibility of government action, companies should fully understand their liability insurance policies, obligations and risks.