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  • Tax Reform: The Shifting Landscape of Executive and Equity Compensation
    11.17/Alert

    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?
    11.16/Blog

    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
    11.14/Blog

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  • The ICO’s Draft Guidance Leaves Unanswered Questions on Processor Obligation to Notify Infringing Instructions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

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

  • Evolving U.S. and UN Sanctions Against North Korea
    11.13/Blog

    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.

  • Legal issues in Additive Manufacturing Technology – peeling back the layers
    11.13/Blog

    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.

  • Initial Coin Offerings (ICOs): The Current State of Play
    11.08/Alert

    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.

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

    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.

  • Russia Sanctions Under CAATSA – U.S. Updates Rules and Provides Guidance on Enforcement
    11.03/Blog

    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
    10.27/Blog

    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
    10.26/Blog

    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.

  • Global In-House Centers in India, v 2.0
    10.19/Alert

    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.

  • ARC Dispute May Mean Further Delay in Needed Drone Regulation
    10.19/Blog

    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.

  • Without Further Delay: The ERISA Fiduciary Rule
    06.09/Alert

    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
    10.16/Alert

    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
    10.02/Blog

    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
    09.29/Blog

    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
    09.25/Blog

    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
    09.21/Alert

    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.

  • Disclose or Else: FTC Steps Up Prosecution of Social Media Influencers
    09.14/Blog

    In September 2017, the Federal Trade Commission brought its first-ever action against a social media influencer for failing to make appropriate disclosures on sponsored posts. Going forward, anyone who posts sponsored material or even tags a brand in a post should seriously consider the possibility of FTC prosecution.

  • President Trump Issues Executive Order Blocking Proposed Acquisition of Lattice Semiconductor
    09.13/Blog

    For only the fourth time in 30 years, the President blocked the proposed acquisition of a U.S. company following a review by the Committee on Foreign Investment in the United States (CFIUS). The alert explains the reasoning behind the Executive Order that prevented a Chinese consortium from acquiring a U.S. semiconductor company at a time when concerns about Chinese investment in the United States are growing.

  • Two-Minute Warning: Preparing for a Possible Government Shutdown
    09.05/Alert

    For U.S. government contractors, the fallout from a threatened shutdown—let alone an actual one—ranges from inconvenient to disastrous. Businesses that derive significant profits from government contracting should consider a range of contingency planning options.

  • The Internet Stole My Face: New Advances in Technology Could Make Everyone a Digital Video Puppet
    08.30/Blog

    Visual effects artists can create realistic digital replicas of actors that can be manipulated like puppets, and new developments in software technology could soon make digital puppetry accessible to the masses. Protections against unauthorized use of digital replicas can involve copyright or traditional tort claims, but if this technology continues to spread, the difficulty in controlling one’s own likeness will probably increase.

  • DOE Opens the Door to Major Energy Market Reforms
    08.25/Alert

    In August, the Department of Energy published a much-anticipated study analyzing the market hurdles facing conventional baseload generation, such as coal, nuclear and hydropower. The study sets the stage for a high-stakes debate before the Federal Energy Regulatory Commission.

  • New Executive Order Imposes Further Sanctions on Venezuela
    08.25/Blog

    On August 25, President Trump issued an Executive Order providing for sanctions against the Government of Venezuela targeting certain long-term financial transactions, similar to existing sanctions on the Russian petroleum sector. The Order does not restrict imports or exports of oil, and the Treasury Department’s Office of Foreign Assets Control issued several general licenses that provide for specific permitted activities.

  • Time Will Tell If Trump Infrastructure Executive Order Shortens Federal Reviews
    08.22/Alert

    On August 15, President Trump issued an Executive Order that seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and procedures. Key provisions create a two-year deadline for completing review and issuing authorizations.

  • The Doxing Dilemma: A Popular Tactic of Social Activists and Cyber Bullies Alike Remains Mostly Legal
    08.21/Blog

    Doxing, the gathering and public distribution of information such as photographs, telephone numbers and addresses found on the internet, may be done to harass or bully someone, or as a form of vigilante activism. While tort remedies could be available, it remains to be seen whether legislation can effectively target doxing without infringing on freedom of speech.

  • Possible Further Delay of ERISA Fiduciary Rule
    08.21/Alert

    In August, the Department of Labor (DOL) and Secretary of Labor submitted a proposal to the Office of Management and Budget (OMB) to delay the applicability date of certain parts of the “Fiduciary” rule until July 1, 2019. While the full rule’s future is unclear, until the DOL issues further guidance, plan sponsors and named fiduciaries should expect that its remaining portions, including BICE and the Principal Transactions Exemption, will become applicable January 1, 2018.

  • Brace for 2018: The SEC’s Pay Ratio Rule
    08.18/Alert

    Starting in January 2018, public companies must disclose the ratio between their CEO’s salary and the salary of the company’s “median employee.” This article reviews SEC guidance on those calculations, and provides a six-step plan to prepare your company for the new requirements.

  • Chemicals, Compliance and the Toxic Substances Control Act
    08.16/Alert

    The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory in 1979 included approximately 62,000 chemicals. Since then, the Inventory has been expanded to include approximately 90,000 chemicals—a rate of over 700 new chemicals per year.

  • Fake and Consequences: Weathering the Reputational Risks and Financial Fallout of “News” that Abuses
    08.14/Blog

    False stories, whether created for fun, mischief or money, quickly become a nuisance to businesses trying to protect their brands and maintain their reputations. Although businesses injured by fake news stories may find refuge in existing laws, Section 230 of the Communications Decency Act (CDA) presents a significant barrier by protecting providers and users of interactive computer services from liability as publishers of information provided by third parties.

  • Three Birds with One Stone: New Russia, North Korea and Iran Sanctions
    08.11/Blog

    On August 2, 2017, President Trump signed into law the Countering America’s Adversaries Through Sanctions Act (CAATSA), strengthening U.S. sanctions on Russia, North Korea and Iran. The new sanctions could have far-reaching implications for companies and investors, although it remains unclear how vigorously they sanctions will be implemented, particularly for Russia.

  • New York City’s “Freelance Isn’t Free” Act Also Isn’t Waivable
    08.03/Alert

    A New York City law that went into effect on May 15, 2017 requires any person or entity hiring an individual independent contractor who will perform work in New York City to put the terms of the independent contractor relationship in writing if the contractor will be paid $800 or more. This article reviews the final rules for implementing the Freelance Isn’t Free Act.

  • OFAC Updates FAQs on the Cuba Sanctions Program
    08.03/Blog

    On July 25, 2017, the Office of Foreign Assets Control (OFAC) updated its Cuba FAQs to address upcoming changes to Cuba sanctions rules as they relate to pre-existing contracts, licenses, and travel arrangements. The new OFAC guidance addresses upcoming changes to its Cuba sanctions as they relate to pre-existing contracts, licenses, and travel arrangements.

  • FTA Proposes Rule Waiving Regulatory Burdens on Public-Private Partnerships (P3s) for Public Transportation Projects
    08.01/Blog

    The FTA has proposed new rules to encourage the use of public-private partnerships (P3s), joint developments and other private investment mechanisms in surface transportation. Under the proposal, a P3 can obtain a divergence from certain existing FTA requirements, as detailed in the article.

  • Senate Minority Leader Urges President Trump to Suspend Chinese Acquisitions of U.S. Companies
    08.01/Blog

    Senate Democratic Leader Chuck Schumer has written to President Trump asking him to order the Committee on Foreign Investment in the United States (CFIUS) to suspend the approval of all covered transactions by Chinese entities. This article discusses Sen. Schumer’s position and possible upcoming legislative action.

  • Startups Beware: California Expands Workers’ Comp to Include Corporate Officers, Directors and Working Partners
    07.31/Blog

    In January 2017, the California legislature expanded the scope of mandatory Workers’ Comp coverage to include a business’s corporate officers, directors and working partners. This article outlines the new coverage requirements.

  • Keeping up with Cayla: Concerns over Interactive Toys Spur an FTC Update of COPPA Guidelines
    07.24/Alert

    Consumer groups have filed a complaint alleging that My Friend Cayla, an internet-connected doll, violates the Children’s Online Privacy Protection Act (COPPA) by facilitating the collection of children’s communications and uploading them for commercial use without verifiable parental consent. The Federal Trade Commission’s June 2017 update to COPPA added internet-connected toys, children’s products that collect personal information, and voice-activated devices to the products and services covered.

  • China Updates New Industry Catalogue: PRC Reduces Regulatory Procedures for Foreign Investments Following its 2016 Reforms
    07.12/Alert

    The National Development and Reform Commission and the Ministry of Commerce of the People’s Republic of China’s 7th updated version of the Catalogue of Industries for Foreign Investments, became effective July 28, 2017. The Catalogue opens various previously restricted industries to foreign investors (mainly in services, manufacturing and mining) and includes a “negative list” of industries that will require special pre-approval and examinations for foreign investments.

  • PFLL Withholding Begins: New York Employers May Begin Deducting from Employees’ Pay to Fund Paid Family Leave
    07.06/Alert

    On January 1, 2018, New York’s Paid Family Leave Law (PFLL), which is funded entirely through payroll deductions and is the most expansive in the nation, will go into effect. New York employers should start withholding from employee paychecks and obtaining PFLL insurance in 2017, to prepare for full compliance.

  • A Message to China? New U.S. Sanctions and AML Measures for North Korea
    06.30/Blog

    In June 2017, the U.S. Treasury Department announced sanctions designations and anti-money laundering measures against Chinese entities engaged in business with North Korea. The actions may be intended to send a political message.

  • The Safe DRONE Act of 2017: The Newest Drone Bill on the Block
    06.29/Blog

    In June 2017, U.S. Senators introduced the Safe DRONE Act of 2017, one of a number of bills aimed at addressing the regulatory needs of the unmanned aircraft systems (UAS) industry. Current federal efforts focus on keeping up with technological advancements and creating a uniform framework for UAS-related laws.

  • CFIUS and Real Estate
    06.26/Alert

    The expanding influx of foreign investments in U.S. real estate has drawn the attention of three key U.S. Senators amid national security concerns.

  • New Details Emerge on Legislative Proposal to Modernize CFIUS Process
    06.23/Blog

    A bipartisan group in Congress is working to modernize the Committee on Foreign Investment in the United States (CFIUS) review process due to increased foreign direct investment and perceived threats to national security. The proposed legislation would focus on nations posing the greatest threat and give CFIUS clearer authority to review investments.

  • Up in the Air
    06.22/Alert

    Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global aviation emissions offset and trading regime.

  • Blockchains, Smart Contracts and Real Estate
    06.15/Blog

    The real estate industry is frequently identified as one of the most likely early adopters of blockchain technology and smart contracts. However, industry participants remain skeptical as to the timing and magnitude of the expected changes. That is understandable given the close association of blockchain technology with bitcoin controversies, other virtual currencies and some questionable crowdfunding ventures.

  • Recognition of Smart Contracts
    06.01/Alert

    New laws and other legal developments are clearing the way for the use of smart contracts in the United States.

  • With GDPR, Companies Must Act Now
    05.31/Video

    Pillsbury’s European Data Privacy & Cybersecurity practice leader Rafi Azim-Khan talks to Bloomberg BNA about the global impact of the EU General Data Protection Regulation. The interview explores expanded monetary risk and accountability under the GDPR, and what companies should—and should not—do to become GDPR-ready.

  • Executive Order on Cybersecurity: Considerations for Business
    05.31/Alert

    The long-awaited Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure represents the Trump Administration’s first significant action to support cybersecurity and protect critical infrastructure, and the initial days after its release generated a flurry of questions on the specifics of the White House’s cyber agenda.

  • The Rapidly Evolving Legal Landscape for New York Employers
    05.24/Alert

    New York employers need to prepare for compliance with the most expansive paid leave law in the country and need to ensure compliance with New York’s wage transparency law and minimum wage and salary thresholds for exemptions from overtime, which are significantly higher than those under federal law.