Features

Repairing the Foreign Agents Registration Act
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.
Features

Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases
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.
Features

Chapter 15 Can Impact Foreign Bankruptcy As Well As Domestic Civil Litigation
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.
Features

What You Need to Know About China's New Privacy Law
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.
Features

Mutual Legal Assistance Treaties Are Best Option for International Subpoenas
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.
Features

Cross-Border Insolvency In Brazil: The UNCITRAL Model Law Dances to A Samba Beat
After years of debate, Brazil recently enacted legislation amending its bankruptcy statute and modernizing the Brazilian insolvency system.
Features

OFAC Asks Non-U.S. Persons to Advance U.S. Foreign Policy
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.
Features

A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission
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).
Features

A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery
The intersection of foreign laws governing data collection and cross-border discovery operations continues to be a potentially volatile conjunction.
Features

Global Increase of FCPA Bribery Cases Raises Specter of Piling On
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.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Sender Beware: Jurisdictional Risks of Pre-Litigation CommunicationsThe Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›