Features
IP Considerations for ITC General Exclusion Orders
In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.
Features
Trouble Prosecuting Trump Allies Signifies DOJ's Difficulties In Prosecuting Non-Traditional Foreign Influence Cases
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.
Features
U.S. Bankruptcy Court Denies Chapter 15 Recognition to a Case on the Isle of Man
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.
Features
Are You Ready for Europe's New Patent System?
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.
Features
Impact of 'Hoskins' Cases on the FCPA and White-Collar Law
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.
Features
Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments
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.
Features
Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act
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.
Features
Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act
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.
Features
EU Releases Attempt At Comprehensive Cybersecurity Legislation
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.
Features
A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act
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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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
