International Law

Cybersecurity Law & Strategy

Ransomware – COVID-19 & Upgrading Your Defenses

Jonathan Armstrong and André Bywater

It’s pretty shameful that in the current crisis we’re seeing ransomware on the rise. It’s even more shameful that organizations involved in fighting the virus seem to be especially at risk.

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The Intellectual Property Strategist

The Russian Vodka Saga

Jared Looper

Federal Treasury Enterprise Sojuzplodoimport v. Spirits International BV

What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation’s efforts to reclaim its trademarks in Stolichnaya vodka.

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Business Crimes Bulletin

The Updated FCPA Resource Guide

Jacqueline C. Wolff

Something Old, Something New, Something Borrowed, Something Blue

this second edition contains some new “hypotheticals” — facts of actual cases the DOJ finds important enough to focus on — and, in keeping true to its name, has included additional resources and links for chief compliance officers looking to design and audit their companies’ anticorruption compliance programs.

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Business Crimes Bulletin

FIFA Decision Confirms Long Arm of Honest Services Fraud

Robert J. Anello and Richard F. Albert

United States v. Napout

The U.S. government’s lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world’s policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive’s home country?

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Cybersecurity Law & Strategy

French Law on Removing Objectionable Online Content Rejected As Too Broad

Anne Bagamery

A new French law that would have required such social media platforms as Facebook to take down objectionable content within 24 hours has been rejected by France’s Constitutional Council as a disproportionate response to the proliferation of hate speech online.

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Accounting And Financial Planning For Law Firms

Preparing for the LIBOR Phase Out: Contract Remediation Starts with Contract Intelligence

Ryan Drimalla and Karl Dorwart

The London Interbank Offered Rate has long been the global basis for agreements that include a variable interest rate component. However, LIBOR would be replaced by other benchmarks by the end of 2021. Key to assessing risk of exposure, quantifying the financial impact, developing remediation plans and communicating material information to stakeholders will be the identification, analysis and remediation of LIBOR-based contracts.

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Business Crimes Bulletin

New FCPA Decision Limits DOJ’s International Reach

Harry Sandick and Devon Hercher

In recent years, we have seen the DOJ expand its international focus, as it looks to punish foreign nationals, often for conduct that occurred almost entirely outside of the territorial borders of the United States. DOJ’s eagerness, however, has not been matched by judicial enthusiasm concerning the extraterritorial application of U.S. law.

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The Intellectual Property Strategist

Swedish Music Industry Views: Part Two

Stan Soocher

Part Two of a Two Part Article

This article discusses, among other things, the Swedish music industry perspective on the European Union’s Copyright Directive, the growth of multi-country music licensing hubs and the impact of Brexit.

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Cybersecurity Law & Strategy

Legal Tech: Will the U.S. Become a Haven for International Discovery Under Section 1782?

David R. Cohen and Bradley C. Whitecap

Second and Eleventh Circuit rulings are likely to expand refuge to discovery in the U.S., even for international litigation and arbitrations that don’t ordinarily include discovery rights.

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Entertainment Law & Finance

Swedish Music Industry Views: Part Two

Stan Soocher

Among other things, the article discusses the Swedish music industry perspective on the European Union’s Copyright Directive, the growth of multi-country music licensing hubs and the impact of Brexit.

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The Intellectual Property Strategist

Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive

Stan Soocher

This article is Part One of a two-part article

This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.

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Entertainment Law & Finance

Case Study: Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive

Stan Soocher

This article is Part One of a two-part article. Part Two will appear in our March 2020 issue.

This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.

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Cybersecurity Law & Strategy

GDPR-Based Objections to U.S. Discovery Requests: 2019 Year in Review

Leslie Meredith

U.S. civil litigants faced with an obligation to produce “personal data” protected by GDPR can find themselves on the horns of a serious dilemma. Initial rulings addressing the tension between the broad scope of data protected by GDPR and the similarly broad scope of discovery under U.S. law revealed substantial skepticism that complying with a U.S. discovery request would expose parties to significant enforcement risk in the EU. This article takes a look at what arguments parties put forth in the past year, and make a few suggestions for how litigants can avoid violating one jurisdiction’s law to satisfy another’s courts.

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Cybersecurity Law & Strategy

Data Privacy: Building Compliant and Adaptable Systems

Tomas Suros

Rather than trying to institute changes to comply with every new privacy law as it emerges, a better approach is to view data privacy as an overall framework and adopt a holistic response to compliance with the built-in flexibility to constantly adapt to an ever-changing legal landscape.

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Cybersecurity Law & Strategy

GDPR Had Some Bite in 2019

Victoria Hudgins

Although no company was hit with the maximum GDPR fine of 4% of the company’s worldwide annual revenue, GDPR fines issued in 2019 were still a force to be reckoned with.

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The Intellectual Property Strategist

More Chinese Companies Are Joining U.S. Firms to Fight Patent Trolls

Phillip Bantz

Some of China’s largest companies have banded together with major brands in the United States and elsewhere to neutralize “patent trolls,” an indication that the country’s firms are becoming increasingly concerned about patent infringement litigation.

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The Intellectual Property Strategist

How the U.S.-China Trade War Effects IP Strategy

Rob Maier

The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.

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The Intellectual Property Strategist

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies

Stacey C. Kalamaras

This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.

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The Intellectual Property Strategist

Damages for Extraterritorial Infringement of U.S. Patents

Aaron Davidson 

A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.

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Entertainment Law & Finance

The Interaction of International Law and U.S. Copyright–Assignment Terminations

Stan Soocher

That U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.

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Cybersecurity Law & Strategy

EU Court Rules Adding Facebook ‘Like’ Button Triggers GDPR Data Collection Obligation

Caroline Spiezio

Websites with embedded Facebook “like” buttons must inform users their data will be collected and processed by the social media giant, the Court of Justice of the European Union has ruled.

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Commercial Leasing Law & Strategy

Achieving Commercial Real Estate Success Post-Brexit

Mathew B. Tully and Barry Crushell 

Proper planning and the ability to pivot will help American companies with UK, EU commercial property interests.

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Business Crimes Bulletin

The International Encryption Debate: Privacy Versus Big Brother

Robert J. Anello and Richard F. Albert

Although increased reliance on technology such as emails and texts has provided greater opportunity to gather evidence of criminal activity, law enforcement agencies around the world complain that encryption technologies make it difficult to catch criminals and terrorists and therefore should be restricted.

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Business Crimes Bulletin

Are Companies Playing It Too Safe With GDPR Breach Reporting?

Frank Ready

A new report from the law firm of Pinsent Masons shows that there has been a high level of GDPR "over-reporting" at the U.K.'s Information Commissioner's Office, but organizations who may think they are playing it safe may actually be opening themselves up to further regulatory scrutiny.

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Cybersecurity Law & Strategy

EU E-Commerce Proposal Aims to Eliminate Barriers; Calls for E-Signatures and Net Neutrality

Simon Taylor

The European Union has put forth an ambitious proposal for how countries can eliminate barriers to e-commerce and protect businesses and consumers engaged in online transactions. But parts of the proposal, published as part of a World Trade Organization initiative that includes the U.S. and China, are likely to face opposition.

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The Bankruptcy Strategist

New York District Court Rules that Chapter 15 Recognition Is Not Prerequisite to Enforcement of Foreign Bankruptcy Judgment under Principles of Comity

Dan T. Moss and Mark G. Douglas

It has been generally understood that recognition of a foreign bankruptcy proceeding under Chapter 15 is a prerequisite to the enforcement by a U.S. court of an order or judgment entered in such a foreign bankruptcy proceeding under the doctrine of "comity." A ruling recently handed down by the U.S. District Court for the Southern District of New York directly challenges that principle.

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Entertainment Law & Finance

EU Commission Alleges Video-Game Geoblocking

Simon Taylor

The European Commission has charged Valve Corp., the owner of Steam video-game distribution platform, and five video-game publishers with breaking European Union (EU) competition rules through their use of geoblocking, which restricts access to digital content on a territorial basis.

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Cybersecurity Law & Strategy

Will the EU-Japan Data Transfer Partnership Agreement Have Global Influence?

Samantha Green

With countries around the world examining and strengthening their data protection laws, this agreement could be the first of many and will undoubtedly have global repercussions.

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Entertainment Law & Finance

U.S. Studios Agree to End Geoblocking in Europe Union

Simon Taylor

Under the agreement, the studios and Sky UK will open up pay-TV markets, allowing consumers across the European Union to access to a wider range of content regardless of their location.

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Entertainment Law & Finance

Online Extra: Europe Passes Controversial New Copyright Law

Simon Taylor

Technology Platforms Such As Google, YouTube and Facebook Had Opposed the Changes, Which Will Require Them to Compensate Publishers, Artists and Musicians

EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.

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Entertainment Law & Finance

BREAKING NEWS: Europe Passes Controversial New Copyright Law

Simon Taylor

EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.

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Cybersecurity Law & Strategy

House Hearing on Federal Privacy Law Takes Aim at GDPR, CCPA

Rhys Dipshan

The house consumer protection and commerce subcommittee agreed on the need for a new federal privacy law. But it was an open question how closely that law would follow what has already been done in California or in the EU.

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Business Crimes Bulletin

Mystery Subpoena Case at High Court Could Expand U.S. Authority

Peter B. “Bo” Rutledge and Amanda W. Newton

Rare Supreme Court holiday activity and ongoing news coverage about special counsel Robert Mueller’s investigation has drawn much attention to the enigmatic case of In Re Grand Jury Subpoena. The matter is unremarkable, presenting familiar issues of international litigation. Upon further examination, however, the case may have the potential to expand the authority of United States courts over foreign states and their agencies or instrumentalities.

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Cybersecurity Law & Strategy

Implications of GDPR & CCPA on Public Records

Jeff Cox

This article discusses the importance of securing a safe harbor for court records through reviewing an illustrative example of how a European Union (EU) citizen was able to force U.S. legal technology companies to remove and alter court records using GDPR.

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Business Crimes Bulletin

Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy

Jonathan B. New and Elias D. Trahanas

Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are “partners, not adversaries.” DOJ has now taken its guidance one step further, announcing that the FCPA Corporate Enforcement Policy would apply to all potential wrongdoing discovered by an acquirer in the course of a merger or acquisition, not just to FCPA violations.

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Business Crimes Bulletin

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise

Phillip Bantz

The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.

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Cybersecurity Law & Strategy

What the U.S.’ Pursuit of Foreign Nation-State Hackers Means for Cybercrime Victims and Targets

Ronald Cheng and Mallory Jensen

For years, the U.S. has maintained an active enforcement campaign against overseas cyber criminals and while these past efforts have not been haphazard, they have not necessarily been part of a specific drive to address the serious issue of foreign cybercrime committed by nation states. Recent announcements by the DOJ show that this enforcement campaign is accelerating and expanding.

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Cybersecurity Law & Strategy

Are You Prepared? Dealing with GDPR-like Rules Spreading Across the Nation

Mark Sangster

California’s Consumer Privacy Act, signed into law earlier this year, follows a growing line of consumer privacy laws, such as the European General Data Protection Regulations (GDPR), Canadian Breach of Security Safeguards Regulations of the Personal Information Protection and Electronic Documents Act (PIPEDA), and related New York Department of Financial Services Cybersecurity Rules and Regulations (NYCRR 500).

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Entertainment Law & Finance

IP Provisions in ‘New NAFTA’ Agreement

Lawrence E. Ashery

With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.

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The Intellectual Property Strategist

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise

Phillip Bantz

The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.

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Entertainment Law & Finance

Litigation over ‘Ultra Music’ Licensing Raises International Trademark Issues

Zach Schlein

A Miami, FL, federal jury ruled in favor of a Croatia-based production company in their trademark dispute with a titan of concerts, Ultra Music Festival.

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Cybersecurity Law & Strategy

Understanding the Intersection Between GDPR and Cybersecurity

Jake Frazier and Anthony J. Ferrante

It’s been about half a year since Europe’s General Data Protection Regulation (GDPR) was activated, and corporate legal, privacy and compliance teams are beginning to adjust to the new lay of the land. We’ve seen early examples of enforcement activity, and those are helping organizations better understand the long-term landscape for compliance.

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Entertainment Law & Finance

Impact of EU’s GDRP on Domain Registration

Zach Warren

Since the GDPR’s implementation, the “WHOIS” service by which the general public could search registration information, including names and contact info, has been largely in a state of flux. It’s now even tougher to find information, attorneys who work with domain registration say, which could concern entertainment and intellectual property holders who want to go after infringing websites.

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The Intellectual Property Strategist

The ‘New NAFTA’ and How It Will Affect Intellectual Property Law

Lawrence E. Ashery 

The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.

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Entertainment Law & Finance

How Entertainment and Media Brand Owners Can Prepare for Brexit Scenarios

William Stroever

Following the “Brexit” vote by the United Kingdom signaling its intent to leave the European Union, there was a rush of speculation and guesswork about how EU trademark and design rights would be treated. What progress has been made and what obstacles remain to a smooth transition?

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Entertainment Law & Finance

4 Takeways from EU Copyright Directive Vote

Dan Clark

In September, the European Parliament passed a new draft of the European Union (EU) Copyright Directive legislation championed by content creators and publishers, but decried by tech behemoths. The directive will have to go through more committee discussions and another parliamentary vote before it can become law, but this doesn’t mean the polarizing legislation isn’t already making in-house counsel nervous.

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Cybersecurity Law & Strategy

The Blockchain Will Support GDPR, but Not How Most People Think

Michael Smolenski

It’s clear that the onset of GDPR regulations and a quickly changing consumer sentiment about the sensitivity and value of their personal data will reorient a company’s interactions with their customers and their information. There will be some pain points in this transition, as Facebook investors recently demonstrated, but it doesn’t have to be a unilateral downturn for the tech industry.

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Cybersecurity Law & Strategy

Update on UK Sanctions, Anti-Money Laundering and Brexit

André Bywater and Jonathan Armstrong

This article provides a brief education about where things currently stand in the UK as regards to sanctions and anti-money laundering in the shifting sands of the Brexit process.

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Cybersecurity Law & Strategy

General Data Protection Regulation: Defense or Offense?

Nina Cunningham

Ostensibly, GDPR’s mission is to strengthen and unify the EU’s protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.

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Cybersecurity Law & Strategy

Blockchain and GDPR — Frenemies?

Justin Hectus and Kristy Sambor

In a nutshell, GDPR mandates that individuals have access and control over the use and maintenance of their data in certain circumstances, while the foundation of blockchain relies on the immutability of data. On the surface, these concepts seem in direct conflict with each other. This article discusses the points where GDPR and blockchain share common ground, where conflicts may exist and possible approaches for mitigating those conflicts.

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