Alerts

The Committee on Foreign Investment in the United States is currently drafting the implementing regulations for the FIRRMA which was enacted this past August and represents the most sweeping set of changes to the processes and jurisdiction of CFIUS in its 44-year history.

Headlines that Matter for Companies and Executives in Regulated Industries

A federal appeals court has delivered potentially good news for companies whose imported products US Customs and Border Protection (CBP) insists are within the scope of an ambiguous antidumping or countervailing duty (AD/CVD) order.

The Supreme Court’s, McDonnell Douglas Corp. v. Green, 411 US 792 (1973), burden-shifting framework is all too familiar to employment discrimination and retaliation litigants. 

In addition to monetary harm, the Federal Trade Commission (FTC) recently reiterated the fact that nonmonetary injuries resulting from privacy and data security violations are likely to attract its attention.

On May 21, 2019, the Office of the United States Trade Representative (USTR) published a Federal Register notice requesting comments on the proposed exclusion process for List 3 of the Section 301 tariffs on Chinese imports.

Between the addition of Huawei, the world’s largest telecommunications equipment maker, to the Entity List and a new EO declaring a national emergency related to information and communications technology and services, last week proved to be nonstop excitement for the export control world.

The California Senate appropriations committee recently blocked a bill that would have significantly strengthened consumer rights under the California Consumer Privacy Act of 2018 (CCPA).

The Court of Justice of the European Union (ECJ) issued a judgment determining that a 2013 law of Hungary, that canceled usufruct rights to all except those with “close family ties” with the owner, constituted a deprivation of property under the Charter of Fundamental Rights of the European Union.

The US House of Representatives passed the Equality Act of 2019, which would prohibit discrimination based on sexual orientation and gender identity in a broad array of important areas.

On April 30, 2019, the US Department of Justice Criminal Division (DOJ) issued new guidance expanding upon the specific considerations that federal prosecutors should take into account when evaluating corporate compliance programs in connection with a government investigation.

For these tariffs to become effective, the US Trade Representative will need to publish a final notice after public comment and hearing.

Earlier this year, the U.S. Supreme Court decided Air & Liquid Systems Corp., et al. v. Devries, 139 S. Ct. 986 (2019), a maritime tort law case in which plaintiffs alleged that asbestos exposure during their Navy service caused them to develop cancer.

Bowing to pressure from the business community, the Department of Family and Medical Leave (Department) recently set a new deadline of June 30, 2019 for employers to provide written notice of the paid family and medical leave program to employees. The Department also extended the initial filing dead

On May 20-22, 2019, at the annual meeting of the American Law Institute in Washington, DC, members will vote to adopt the first Restatement of the US Law of International Commercial and Investor-State Arbitration.

Non-disclosure agreements (NDAs) are commonly used in situations where entities desire to share proprietary information and trade secrets with others – such as potential or actual venture partners, employees, or contractors. 

The Federal Trade Commission (FTC) is showing no signs of backing off its aggressive enforcement of online negative option offers after filing a federal lawsuit against eight commonly-controlled companies that sell skin care products.

Yesterday, May 8, 2019, President Donald Trump issued an Executive Order (EO) authorizing broad new sanctions with respect to the steel, aluminum, iron, and copper sectors of Iran.

Headlines that matter for privacy and data security.

Earlier today, the United States Senate voted to confirm three nominees for positions on the Board of Directors of the Export-Import Bank of the United States.

Integrating green remediation and sustainable practices can accelerate site cleanups, reduce costs, lower emissions of greenhouse gases, and contribute to meeting state and local renewable energy standards.

On Sunday, May 5, President Donald Trump announced that the Section 301 tariffs on List 3 products will increase from 10 percent to 25 percent on Friday, May 10, and to expect a fourth list of $325 billion in Chinese imports to be taxed at 25 percent.

In an opinion letter issued earlier this week, the Department of Labor’s Wage and Hour Division (WHD) advanced a business-friendly standard to determine whether a worker is an FLSA-covered employee or an independent contractor. 

The US Supreme Court continues to maintain an ambiguous relationship to arbitration.

On 12 April, Djibouti became the 163rd country to sign the ICSID Convention. Its membership will be complete once it has ratified the Convention. To date the Convention has been ratified by 153 States.