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Business Crimes Bulletin
Trouble Prosecuting Trump Allies Signifies DOJ’s Difficulties In Prosecuting Non-Traditional Foreign Influence Cases
Robert J. Anello and Richard F. Albert
Despite the broad language of the Espionage Act, the DOJ has faced significant hurdles in pursuing prosecutions outside the traditional espionage context, and particularly where the alleged foreign agent’s activity involves ostensibly legitimate international business dealings.
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The Bankruptcy Strategist
U.S. Bankruptcy Court Denies Chapter 15 Recognition to a Case on the Isle of Man
Daniel A. Lowenthal
Cases interpreting Chapter 15 of the Bankruptcy Code after it was enacted in 2005 often addressed basic issues, such as whether a foreign debtor must have property in the U.S to file a case there. But even when there’s no property in the U.S., there’s an easy remedy: the foreign administrator can deposit a retainer payment with its U.S. law firm.
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The Intellectual Property Strategist
Are You Ready for Europe’s New Patent System?
Marianne Schaffner and Thierry Lautier
In Europe, the patent system is changing and will offer to companies a new patent protection and a new patent court. It should start in April 2023, with a sunrise period starting in January 2023.
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Business Crimes Bulletin
Impact of ‘Hoskins’ Cases on the FCPA and White-Collar Law
Elkan Abramowitz and Jonathan Sack
This article examines the impact of Hoskins on three issues of importance to white-collar practitioners: the scope of the FCPA; the interpretation of white-collar criminal statutes; and the authority of the district court to consider at the outset of a prosecution threshold questions of the reach of the law to foreign individuals.
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Business Crimes Bulletin
Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments
David Aaron
The Northern District of Illinois recently issued an opinion which criminalizes acting in the United States as an agent of a foreign government without notifying the attorney general.
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Cybersecurity Law & Strategy
Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act
John Beardwood and Shan Arora
Part Four In a Series
The conclusion of the series on Canada’s recently introduced Consumer Privacy Protection Act looks at hot button enforcement issues in the Act.
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Cybersecurity Law & Strategy
Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act
John Beardwood and Shan Arora
Part Three In a Series
Part Three continues the analysis of new compliance requirements in Canada's new Consumer Privacy Protection Act, including the content of organizational privacy policies and anonymization of personal information policies, and business transaction policies contained in the Act.
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Cybersecurity Law & Strategy
EU Releases Attempt At Comprehensive Cybersecurity Legislation
Cassandre Coyer
The European Union released its first attempt at a comprehensive cybersecurity legislation, the Cyber Resilience Act — and its impact on the technology market could be far-reaching.
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Cybersecurity Law & Strategy
A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act
John Beardwood and Shan Arora
Part Two In a Series
Part One of this series introduced the history of Canada’s recently introduced Consumer Privacy Protection Act and reviewed the similarities with GDPR, such as data portability, the right not be forgotten, codes of practice, and a safe harbor provision. Part Two analyzes the new compliance requirement of valid consent.
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Entertainment Law & Finance
China Court’s Ruling On NFTs and Copyrights
Isha Marathe
China, which has had an up-and-down relationship with the U.S. entertainment industry, became the latest country to offer a key regulatory framework in its first-ever case dealing with NFTs and the copyright violations they are sometimes saddled with.
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Business Crimes Bulletin
Questions Surround Expanded Government Authority to Seize Russian Assets
Robert J. Anello and Richard F. Albert
The purpose behind the Biden Administration's proposals to seize assets of Russian oligarchs is to punish a specific action by a state actor — Russia’s invasion of Ukraine. The proposals, however, do not appear to be limited to this conduct alone and would outlast Russia’s invasion. In times of war, it at least arguably may be appropriate to pass laws to expand the executive’s authority to address specific hostile conduct. Such laws, however, should end with the conflict.
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Cybersecurity Law & Strategy
Enforcement Update: U.S. Courts Demonstrate Reluctance to Extend Application of Chinese Data Security and Privacy Laws In Civil Discovery
Jeff Pade and Lindsey Dieselman
Two recent Chinese laws — the Data Security Law (DSL) and the Personal Information Protection Law (PIPL) — include provisions aimed at restricting the cross-border transfer of China-based data foreign enforcement and judicial authorities. U.S. courts have not yet addressed whether these data protection and privacy laws could bar the production of documents in civil contexts involving governmental litigants or in criminal proceedings.
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Cybersecurity Law & Strategy
Cybersecurity Concerns Grow In Russia’s War
James Carstensen
After a raft of debilitating Western sanctions on Russia and the exodus of global firms from Moscow, Russia-originating cyber attacks are a growing concern among law firms, as the war delivers the loudest reminder yet to both firms and their clients that they must be prepared.
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Business Crimes Bulletin
Repairing the Foreign Agents Registration Act
Harry Sandick and George Carotenuto
In recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.
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Business Crimes Bulletin
Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases
Emil Bove
This article addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.
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The Bankruptcy Strategist
Chapter 15 Can Impact Foreign Bankruptcy As Well As Domestic Civil Litigation
Francis J. Lawall and Patrick M. Ryan
At first glance, Chapter 15 might appear to have the relatively minor role of staying actions against U.S. assets while the main foreign proceeding moves forward. However, as one recent case out of the Southern District of New York demonstrates, Chapter 15 carries the potential to significantly impact not only the main foreign bankruptcy, but civil litigation in the United States as well.
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Cybersecurity Law & Strategy
What You Need to Know About China’s New Privacy Law
Devin Chwastyk and Christian Wolgemuth
The Personal Information Protection Law of the People’s Republic of China (PIPL) went into effect on Nov. 1 and brought with it a suite of new requirements and lingering questions.
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Business Crimes Bulletin
Mutual Legal Assistance Treaties Are Best Option for International Subpoenas
Lanier Saperstein and Samuel Hickey
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
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The Bankruptcy Strategist
Cross-Border Insolvency In Brazil: The UNCITRAL Model Law Dances to A Samba Beat
Nyana Abreu Miller and Raul Torrao
After years of debate, Brazil recently enacted legislation amending its bankruptcy statute and modernizing the Brazilian insolvency system.
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Business Crimes Bulletin
OFAC Asks Non-U.S. Persons to Advance U.S. Foreign Policy
Harry Sandick and Gautam Rao
In recent years, U.S. prosecutors and regulators have shown increasing interest in prosecuting people and entities with little or no connection to the United States. This trend has been especially pronounced in the context of the Foreign Corrupt Practices Act (FCPA) and has also extended beyond the FCPA to the prosecution of white-collar crime more generally.
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The Intellectual Property Strategist
A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission
Robert Angle and Brittanee Petrik
In the wake of the COVID-19 pandemic, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties’ confidential business information (CBI).
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Cybersecurity Law & Strategy
A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery
Ryan Costello
The intersection of foreign laws governing data collection and cross-border discovery operations continues to be a potentially volatile conjunction.
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Business Crimes Bulletin
Global Increase of FCPA Bribery Cases Raises Specter of Piling On
Sozi Pedro Tulante and Joshua Drew
The increasing number of regulators and enforcement agencies bringing foreign bribery cases across the globe raises the specter of successive or “carbon copy” cases. Policymakers and practitioners need to be aware of this developing risk and take steps to mitigate it.
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Cybersecurity Law & Strategy
EU Unveils New Online Content and Data Regulation
Krishnan Nair
Say Hello to the Digital Services Act.
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Entertainment Law & Finance
A Look at the EU’s Latest Proposal for Regulating Online Content
Linda A. Thompson
The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.
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Entertainment Law & Finance
How U.S. Court Ruled Whether France’s Right of Publicity Law Is Descendible
Stan Soocher
Battles over celebrities’ estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.
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Cybersecurity Law & Strategy
The Increasing Use of Data Analytics in International Arbitration
Jeffery Commission and Giulia Previti
Legal practitioners, as well as in-house counsel and other stakeholders, are making increased use of legal analytics in order to reach data-driven decisions in the context of future or ongoing litigation. Access to data analytics is even more relevant in the context of international arbitration, where the parties and counsel exert a greater degree of control over key features of the dispute resolution process.
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The Intellectual Property Strategist
Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Robert Maier
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor’s importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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Business Crimes Bulletin
DOJ’s China Initiative Poses Growing Risks for Those with Chinese Ties
John N. Joseph, Carolyn H. Kendall and Yune D. Emeritz
In the two years since it’s unveiling, the Initiative has expanded its scope from prosecutions of individuals suspected of stealing for China to those who simply have Chinese ties. The department is now increasing its mission to investigate individuals who are merely associated with Chinese recruitment programs.
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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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