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California Consumer Privacy Act of 2018: Will You Be Ready?

By Jennifer Kashatus Effective January 1, 2020, a new game-changing privacy law will go into effect in California:  the California Consumer Privacy Act of 2018 (CCPA). The law will have profound implications for companies that collect personal information, as that term is broadly defined, about California consumers, even if the Company is not based in California. … Continue Reading

How technical touchpoints can ensnare foreign cryptocurrency companies

In August 2018, the US District Court for the Northern District of California issued an order with broad implications for the cryptocurrency industry: companies headquartered abroad may nonetheless be subject to US securities laws if their activity – including server locations and blockchain validation node clusters – indicate that sales were conducted in the United … Continue Reading

CFIUS pilot program mandates declarations for certain non-controlling investments in critical technologie

By Ignacio E. Sanchez and Christine Daya The US Department of the Treasury has issued interim regulations for the Committee on Foreign Investment in the United States (CFIUS) to conduct a pilot program, as authorized by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The pilot program is intended to regulate the conduct … Continue Reading

Be Global: September 2018

This month’s Be Global looks at recent employment law developments across the Americas, APAC and EMEA, including changes to income tax law in China and labor exploitation in Spain. To access the full report, click here.… Continue Reading

Best practices in hiring to protect trade secrets

Employee mobility is a boon to employers and employees alike, but it also presents unique challenges for preserving trade secret information. Those challenges include not only preserving one’s own trade secrets on the back end, but also defending against accusations that an employee has misappropriated a former employer or third party’s IP on the front … Continue Reading

New York City amends Human Rights Law – employers must engage in “cooperative dialogue” with employees seeking accommodation

On October 15, 2018, a new amendment to the New York City Human Rights Law regarding employer obligations when responding to an employee’s potential need for a reasonable accommodation will go into effect. The amendment requires employers with four or more employees in New York City to enter into a “cooperative dialogue” with any employee … Continue Reading

Argentina introduces VAT on digital services

Argentina’s new Law 27,430 introduces a new taxable event: a Value Added Tax (VAT) applicable to the importation of “digital services” rendered by a non-resident to a resident individual or entity when the effective use or exploitation of the service is carried out inside Argentina. An earlier regulation, Decree 354/2018 of April 23, 2018, a … Continue Reading

Private company stock option grants: a founder’s guide to who gets what, when

In a private company setting, after the founders have been issued fully vested or restricted stock under their stock purchase agreements, the employees, consultants, advisors and directors who are subsequently hired commonly receive equity compensation through stock options. There are a number of reasons for this, including ease of administration, macro- and micro-market norms and … Continue Reading

New York State and City Anti-Harassment Laws

By Evan D. Parness In the wake of the #MeToo movement, New York State and New York City governments have passed new laws aimed at sexual harassment prevention.  Businesses with operations in New York State and/or New York City must comply with these new laws. New York City: Effective September 6, 2018, all employers in … Continue Reading

The Italian residential lease market: A potential gold mine?

Italy is currently experiencing an economic recovery, in the real estate residential market as elsewhere. This is due to a turnaround in consumer spending after the massive crisis of 2008 as well as an influx of foreign purchasers – particularly from Australia and New Zealand, wishing to buy homes in Florence and Rome especially – … Continue Reading

The Second Circuit rules against DOJ’s aggressive assertion of extraterritorial FCPA jurisdiction over foreign accessories

Dealing a significant blow to US prosecutors, the US Court of Appeals for the Second Circuit has ruled that a non-resident foreign national, operating entirely outside the physical territory of the United States, cannot be liable for violations of the Foreign Corrupt Practices Act (FCPA) under aiding-and-abetting or conspiracy theories unless he was directly liable under … Continue Reading

Buyer beware − recent SBA regulatory changes could decrease the value of small business targets

Recent changes to the US Small Business Administration’s regulations could significantly affect the value of government contractors that depend on certain contracts set aside for small businesses. Brad Jorgensen and Jenifer Renzenbrink Smith explain the implications of these regulatory changes on entities contemplating a merger or acquisition involving small-business government contractors.… Continue Reading

GDPR and its effect on technology innovation

Scott Thiel, a partner in our Hong Kong office, answers questions on what companies should do to comply with the European Union’s General Data Protection Regulation (GDPR) and its impact on the tech sector worldwide, especially in Asia. This interview is published in ejinsight in two parts, part one and part two.    … Continue Reading

Co-Living Developments in the UK

Co-living developments have become increasingly common in the UK, with a number of new entrants into the market in recent times, as well as a number of other businesses looking to move into this area. This follows a recent trend for a greater number and range of co-working developments in London. In this month’s issue … Continue Reading

The new European Electronic Communications Code

On June 28, 2018, an amended draft of the European Electronic Communications Code was published and it is expected to go to a final vote later this year. In this article, Mike Conradi highlights the main changes or issues,  such as: High Capacity Networks Definition of “European Commission electronic communications Communication Service” General Authorisations – Notification Small-Area Wireless Access … Continue Reading

Real Estate Gazette: Residential Property

In this issue of Residential Property, Dr. Olaf Schmidt focuses on co-living as a topic which has captured the attention of our authors all around the globe. With a range of subjects being examined including co-working spaces in Asia, corporate tax reform in Sweden and developments in the taxation of capital gains made by non-UK residents … Continue Reading

Constructive Thinking Round-up – July 2018

Welcome to the July edition of our Constructive Thinking Round-up, DLA Piper’s monthly guide to key developments in the Construction and Engineering sector. This month’s issue includes the following articles: Operation of a force majeure clause Interpreting an overage agreement Dealing with concurrent delay Government launches Construction Sector Deal National Infrastructure Assessment 2018 Government consultation … Continue Reading

Electronic Signatures: The element of intent in the digital environment

Under US law, the creation of a signature includes an element of intent. For example, Article 1 of the Uniform Commercial Code defines a signature to include “any symbol executed or adopted with the present intention to adopt or accept a writing.” ESIGN and UETA both adopt this emphasis on intent to the digital environment by defining … Continue Reading

The tide turns: If your company is doing business in the US, it may soon be required to collect state sales taxes

Naftali Z. Dembitzer, Hugh Wesley Goodwin and Ossie Lynn Ravid outline how Israeli companies selling online products and services to customers in US states may soon be required to register, collect and remit taxes in those states, click here to read the full article. Naftali Dembitzer in New York and Hugh Goodwin and Ossie Ravid in Silicon Valley are … Continue Reading

Innovation everywhere …

Real estate lawyers face innovation threats from different directions. William A. Rudnick sheds light on threats to the legal industry, and to the real estate industry, click here to read the full article.… Continue Reading

What Israeli businesses should know before settling in Canada

Ted Maduri provides a brief overview of the main considerations that come with expanding your business into Canada, including: Business formation: which vehicle should you choose? Advantages of a branch office Advantages of a subsidiary corporation Where should you incorporate? How to set up the new company? What else should you keep in mind? Click here … Continue Reading

First judicial finding that digital tokens are securities

A magistrate judge in Florida issued a report in a class action lawsuit – Rensel v. Centra Tech, Inc. – finding that tokens issued and sold by tech startup Centra Tech were investment contracts. While the report and its recommendations are not final until approved by a district court judge, it appears to be the first judicial … Continue Reading
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