Archives: Articles

Subscribe to Articles RSS Feed

Local strategies in global class actions for product manufacturers and distributors

By: Christopher M. Young, Justin Kerner and Timothy Pfenninger As business has spread across traditional geographic borders, litigation in its various forms has followed suit. Significantly, class actions − once largely unique to the United States − and other forms of collective redress are proliferating around the globe. The list of countries that have enacted some form of collective … Continue Reading

Global Employment Law Quiz 2019

By Ute Krudewagen, Yuting Hou and Jose Francisco Irias As 2019 is now in full swing, we thought we would take a few minutes to check whether you were studious enough in following our global employment legal updates this last year. So, for a few minutes of entertainment and edification, we offer our annual global employment law quiz so … Continue Reading

Top 10 FOSS legal developments in 2018

The year 2018 was a year in which the FOSS business model demonstrated its success: IBM purchased Red Hat, Inc. for $34 billion. The FOSS ecosystem also celebrated its durability: OSI celebrated the 20th anniversary of the open source movement and Linux celebrated its 25th anniversary. Meanwhile, however, old legal problems returned. The year 2018 … Continue Reading

2018: the year in privacy

By: Jim Halpert, Andrew A. Kingman and Thomas Kenny 2018 was a landmark year in state consumer privacy legislation – the most important in recent memory. The year began with states updating – or in two cases passing their first – data breach notification statutes. But the June passage of California’s omnibus privacy law, the California Consumer … Continue Reading

Privilege – a checklist for in-house lawyers

By: James Carter, Jamie Curle and Samuel Coppard Legal professional privilege has recently been the subject of numerous important English court judgments which have sought to restrict the applicability of legal advice privilege and litigation privilege. Our latest publication provides a brief summary of legal professional privilege, an analysis of recent cases and practical steps for in-house lawyers to … Continue Reading

Lexology: Employment & Labor in New York

We are the exclusive contributor for Lexology’s Navigator chapter on Employment & Labor in New York. Topics discussed include: Which issues would you most highlight to someone new to your state? What do you consider unique to those doing business in your state? Is there any general advice you would give in the labor/employment area? … Continue Reading

Be Global: Employment Law Update November 2018

November’s Be Global looks at recent Employment Law developments across the Americas, APAC and EMEA, including gender pay reporting in France, pay equity legislation in Canada and the proposals on the rights of EU citizens to live and work in the UK. For our comprehensive round-up of November’s employment law developments, across all jurisdictions, click … Continue Reading

EU Policy & Regulatory Alert: New Regulation on Foreign Direct Investment Screening in the EU

On Tuesday, 20 November 2018, the Council of the EU and the European Parliament reached a provisional agreement on a future EU-wide coordination mechanism and information exchange for the screening of inward foreign direct investments (FDI) in the fields of EU strategic interest (“Regulation of the European Parliament and of the Council establishing a framework … Continue Reading

The European Data Protection Board issues long-awaited guidelines on the territorial scope of the GDPR

The European Data Protection Board (EDPB) has issued for public comment its Guidelines on the territorial scope of the European Union General Data Protection Regulation (GDPR). One of the purposes of GDPR was to expand the application of EU data protection law, but the provisions setting out GDPR’s scope are not consistently clear. Approximately one year in … Continue Reading

Proposed regulations eliminate major US tax impediments to utilizing foreign subsidiaries for credit support

By: Tom Geraghty, Michael Greenberg and Zachary Nolan On October 31, 2018, the US Treasury and the IRS released proposed regulations under Section 956 (the Proposed Regulations), which substantially limit the application of Section 956’s “deemed dividend” rules to US corporations.1 This limitation on the application of Section 956 potentially increases the ability for US corporate borrowers … Continue Reading

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
LexBlog