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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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Cybersecurity Law & Strategy
The End of the Privacy Shield?
Eric Levy
If the U.S. cannot come to an understanding with the European Parliament by September 1, companies that already participate in Privacy Shield may find themselves in limbo. But there are options.
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The Intellectual Property Strategist
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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Business Crimes Bulletin
Business Crimes Hotline
Ki Won Ahn
Macau Mogul Sentenced in First U.N. Bribery Case
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Entertainment Law & Finance
Practical Impact of D.C. Circuit’s Ruling on Foreign Broadcasters and Copyright Liability
Scott D. Locke and Laura-Michelle Horgan
Broadcasters around the globe know that Americans want access to digital content and that they often ignore who provides it to them. For business reasons, tax reasons or to try to avoid liability under copyright law, many of these broadcasters intentionally do not set up operations in the United States. However, when these broadcasters transmit content for which they do not have authorization, they may be in violation of the copyright holder’s rights.
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Are U.S. Records Retention Requirements on a Collision Course with the GDPR’s ‘Right to Erasure?’
Stacey Garrett
U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR’s “right to erasure” while still fulfilling their U.S. records retention obligations?
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Cybersecurity Law & Strategy
Are U.S. Records Retention Requirements on a Collision Course with the GDPR’s ‘Right to Erasure?’
Stacey Garrett
U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR’s “right to erasure” while still fulfilling their U.S. records retention obligations?
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The Intellectual Property Strategist
Supreme Court Eyes Relaxing Rule on Foreign Patent Damages
Scott Graham
Despite Possibility of ‘Chaos,’ Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest
The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.
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The Intellectual Property Strategist
Brexit and IP: Finally Some Real News, and What It Means for Attorneys
Mark Holah
Much has been written about what will happen to EU-wide IP rights after Brexit — and whether, and how, the protection given by those rights will be maintained in the UK. Finally, we have some clarity about what is going to happen.
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Cybersecurity Law & Strategy
China’s Cybersecurity Law Isn’t Just About Cybersecurity
Rhys Dipshan
The law — which includes data localization mandates, cybersecurity best practices, and data transfer restrictions — has similarities to other cyber laws such as the EU’s General Data Protection Regulation (GDPR). But in this case, it’s also being used to police internet content and behavior.
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The Bankruptcy Strategist
Offshore Restructuring Outlook
David Bulley
The first quarter of 2018 has seen the Dow and NASDAQ pushing through record highs, increasing consumer confidence in the U.S. and Europe. However, there are segments in the market that are expected to need continued restructuring work, both onshore and offshore through 2018, particularly: offshore oil and gas drillers; European and U.S. retail; and the highly leveraged Chinese real estate sector.
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The Intellectual Property Strategist
Will the Supreme Court Seismically Shift the Patent Damages Landscape in WesternGeco v. ION?
Morgan Chu and Dominik Slusarczyk
The U.S. Supreme Court recently agreed to consider whether a patentee may recover foreign lost profits resulting from infringement of a United States patent.
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Business Crimes Bulletin
In the Courts
Colleen Snow
Turkish Banker Conspired to Evade U.S. Sanctions
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Cybersecurity Law & Strategy
Legal Tech:Looking Ahead: 2018 Legal Technology Predictions
Jeff Ton
At law firms and legal departments, preparing for the new year should mean looking back at the last year and prioritizing revenue-driving activities, identifying strategies to grow your firm or company while mitigating risk and budgeting for new projects to meet client demands.
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The Corporate Counselor
FATCA Revamp
Ashley M. Elmore Drew and Adam J. Knight
Will Your Company Be Prepared?
FATCA is an effort by the United States to curb tax evasion and incentivize Foreign Financial Institutions (FFI) to report the overseas assets of U.S. persons. The U.S. encourages compliance by imposing a 30% withholding penalty on all U.S. source income and sale proceeds of non-compliant foreign financial institutions.
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Cybersecurity Law & Strategy
Five Smart Steps to Prepare for GDPR Data Subject Rights
Sonia Cheng, Eckhard Herych, and Richard MacDonald
Many corporations around the globe are preparing for May 2018, when Europe's General Data Protection Regulation (GDPR) enforcement kicks in. The regulation encompasses a wide range of nuanced privacy requirements that can be challenging to operationalize. In particular, requirements around the rights of European data subjects — which include the right to be forgotten and rights to access, rectification and objection to processing — will be some of the most difficult to address.
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Internet Law & Strategy
Five Smart Steps to Prepare for GDPR Data Subject Rights
Sonia Cheng, Eckhard Herych and Richard MacDonald
Many corporations around the globe are preparing for May 2018, when Europe's General Data Protection Regulation (GDPR) enforcement kicks in. The regulation encompasses a wide range of nuanced privacy requirements that can be challenging to operationalize. In particular, requirements around the rights of European data subjects — which include the right to be forgotten and rights to access, rectification and objection to processing — will be some of the most difficult to address.
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Entertainment Law & Finance
Date Approaches for Start of EU Trade Secrets Directive
Jonathan S. Cohen
In 2016, concerns about protecting trade secrets in the European Union resulted in Directive (EU) 2016/943 of the European Parliament and of the Council of June 8, 2016. Directive (EU) 2016/943, which will impact the entertainment industry, seeks to protect undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.
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The Corporate Counselor
NAFTA Renegotiation: Fourth Round
Melissa Proctor
Difficulty Making Headway on Thorny Issues
As the fourth round of the renegotiation of the North American Free Trade Agreement (NAFTA) with Canada and Mexico drew to a close on Oct.17, the parties opted to push back the starting date of the fifth round until mid-November to allow the negotiators more time to work on the most controversial issues that remain to be addressed. This article explains the issues.
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Business Crimes Bulletin
New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies
Robert J. Anello and Christina Lee
As the adoption of cryptocurrencies spreads throughout the business and financial sectors, so too do the concerns that lack of regulation render the new-age currency susceptible to fraud, manipulation, and to being used as a vehicle for money laundering. Nevertheless, recent efforts by U.S. enforcement agencies to apply and enforce financial regulations mean greater scrutiny than ever before.
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Product Liability Law & Strategy
The Food Safety Modernization Act
Michael A. Leichtling
Part One of a Two-Part Article
By being proactive in adopting safe food processing operations, such companies hope to protect their reputation and business from the negative publicity and possible financial disaster arising from the sale of contaminated food and non-compliance with the Food Safety Modernization Act (FSMA).
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The Corporate Counselor
The Privacy Shield Scheme: Should Your Company Join?
Jonathan Armstrong and André Bywater
The purpose of this article is to shed some light on the EU-US Privacy Shield for business. This is vital in order to enable businesses to make an informed decision on whether or not to join this scheme.
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Entertainment Law & Finance
Update on Protecting IP In China
Jennifer Williams-Alvarez
For most global entertainment and media companies, the need to think about how to protect intellectual property in China is an inevitable reality. For a few years, there have been indications that China is willing to be more protective of IP owners' rights. But recent events signal there's still work to be done. These developments highlight that, despite small gains, protecting intellectual property in China can still be a major headache for companies and in-house attorneys.
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Internet Law & Strategy
EU Push to Filter 'Illegal' Content Raises Alarms in Silicon Valley
Ben Hancock
The European Commission (EU) is ramping up pressure on tech companies to more aggressively use automated filtering to scrub "illegal" content from the Internet, a move that is drawing criticism from some lawyers and free speech activists in Silicon Valley.
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Equipment Leasing Newsletter
Update: The China Equipment Leasing Market
Jonathan L. Fales
Reaching an Inflection Point
As the Chinese government tightly regulates leasing, it is problematic that the industry has never been able to develop a unified position on important licensing, tax, capitalization, regulatory and other requirements. This needs to change if the industry is to continue to expand, particularly among small and medium enterprises.
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Business Crimes Bulletin
The Alien Tort Statute
Lanier Saperstein and Carol Lee
The U.S. Supreme Court will soon decide the long-awaited issue of whether corporations can be liable under the Alien Tort Statute (ATS), enacted by the First Congress more than 225 years ago.
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Business Crimes Bulletin
China's New Cybersecurity Law
Dan Whitaker
The Challenge of Complying
In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.
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The Matrimonial Strategist
NY Divorce and UK Pension Rights
Gerry Wendrovsky and David Salter
What happens when a New York matrimonial litigant's pension benefits are foreign, administered by a plan administrator outside the jurisdiction of a New York court? As the authors state, the importance of specialized and expert legal and tax advice cannot be underestimated.
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Cybersecurity Law & Strategy
GDPR Gets Real
Jason Straight
A procrastinator’s guide to overcoming technical challenges in GDPR compliance.
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The Bankruptcy Strategist
Cayman Court Facilitates Chapter 11 Restructuring of Parent Company
Tony Heaver-Wren, Jeremy Snead and Dave Bulley
the authors were heavily involved in the cross-border restructuring of CHC Group Ltd. (CHC Parent). CHC Parent was the ultimate holding company of the CHC Group (the Group), being one of the world's largest commercial helicopter services providers, primarily engaged in servicing the offshore oil and gas industry. This article provides a narrative about the case.
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Entertainment Law & Finance
Uncertainty in China-Hollywood Entertainment Financing Relationships, But Hope Remains
Todd Cunningham
Uncertainty and the drumbeat of a possible trade war are ominous clouds currently hanging over relations with Chinese investors, several of Hollywood's top deal-making attorneys say.
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Equipment Leasing Newsletter
Financing Rolling Stock: Luxembourg Rail Protocol Steams Ahead
Barbara M. Goodstein and Howard Rosen
Cross-border trade and international law regimes are all affected by the Luxembourg Rail Protocol to the Cape Town Convention (the Cape Town Convention on International Interests in Mobile Equipment (the Convention)), which is well known to those experienced in aircraft financing. Like the Hague Securities Convention, the Cape Town Convention was sponsored by UNIDROIT (the International Institute for the Unification of Private Law), an intergovernmental organization whose mission is to harmonize international laws.
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Cybersecurity Law & Strategy
The Challenge of Complying with China's New Cybersecurity Law
Dan Whitaker
In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. The law is set to go into effect June 1, 2017. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.
Read More ›
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Internet Law & Strategy
The Challenge of Complying with China's New Cybersecurity Law
Dan Whitaker
In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. The law is set to go into effect June 1, 2017. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.
Read More ›
