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Second Circuit Holds That Printing of Expiration Date Is a Bare Procedural Violation of FACTA That Is Inadequate Under Spokeo to...

Addressing the issue of when “a bare procedural violation of a statutory right constitute[s] an injury in fact sufficient for standing to bring suit in federal court”, the U.S. Court of Appeals for the Second Circuit has...more

Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

Three senators – Senate Banking Committee Ranking Member Sherrod Brown, Sen. Ron Wyden, ranking member on the Senate Finance Committee, and Sen. Claire McCaskill, ranking member on the Homeland Security and Government Affairs...more

FCC Licenses: The Forgotten Stepchildren of M & A

Parties to acquisitions often find themselves in the position of the McCallisters in "Home Alone," dashing out of the house and arriving in Paris only to discover that they’ve left little Macaulay Culkin (aka Kevin) behind....more

Insurers Beware: The Risks of Failing to Comply With OFAC SDN Screening Requirements

Two related enforcement actions by the U.S. Department of Treasury’s Office of Foreign Assets Compliance (OFAC) are stark reminders that health insurance providers (and other insurers) must maintain adequate U.S. trade...more

China’s ZTE Granted Further Temporary Reprieve From U.S. Export Sanctions

The U.S. Department of Commerce Bureau of Industry and Security (BIS) today announced that it has extended for a period of two months a previously granted temporary reprieve from U.S. export sanctions on China’s ZTE...more

6/29/2016  /  BIS , EAR , Export Controls , ZTE

Violation of OFAC Reporting Requirements: “No Harm, No Foul”? No Way!

A recent enforcement action by the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) against MasterCard International Incorporated (“MasterCard”) stands as a reminder of the importance of strictly...more

Insurers Take Notice: Don’t Become a Casualty of Trade Sanctions Violations!

The U.S. Department of Commerce’s Office of Foreign Assets Control (OFAC) announced that Navigators Insurance Company, which is headquartered in New York and specializes in marine insurance and related lines of business,...more

OFAC Warns Financial and International Trade Sectors on Evasion of Crimean Sanctions

On Dec. 19, 2014, President Obama issued Executive Order 13685, “Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to the Crimea Region of Ukraine,” to impose sanctions relating to the...more

Cuba Si! Trade With Cuba … Not Quite Yet

There has been much fanfare surrounding the reestablishment of diplomatic relations with Cuba, starting with President Obama’s announcement of the resumption of bilateral relations, and followed by the formal establishment of...more

An Oft-Forgotten Detail in Infrastructure Deals – Telecom Licenses

Much of the nation’s infrastructure, from energy to transportation, depends upon telecommunications for safe and efficient operation. The facilities that provide such communications services generally are proprietary...more

President Obama’s April Fools' Day Order on Cyberterrorism – No Joking About It!

While it’s not clear whether the President’s release today of an Executive Order, "Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities," was purposefully timed to coincide with...more

PayPal To Pay Dearly for Alleged Violations of OFAC Sanctions

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has announced a $7,658,300 settlement with PayPal, Inc. (PayPal) to resolve potential civil liability for 486 alleged violations of the Iranian,...more

FTC, DOJ Issue Antitrust Policy Statement Encouraging Private Sharing of Cybersecurity Information

The Federal Trade Commission and the Department of Justice yesterday issued a joint policy statement on the sharing of cybersecurity information. Declaring that “properly designed cyber threat information sharing is not...more

FCC Proposes Fines of More Than $1.9M for EAS Violations

On March 3, 2014, the Federal Communications Commission (FCC) issued an omnibus Notice of Apparent Liability (NAL) that proposes substantial fines totaling more than $1.9 million against Viacom, ESPN and NBCUniversal (the...more

3/7/2014  /  Emergency Alerts , ESPN , FCC , NBC , Viacom

OFAC Expands and Clarifies License for Exports of Personal Communications Items and Services to Iran

The Department of the Treasury, Office of Foreign Assets Control (OFAC), amended the Iran personal communications General License D-1 (GL D-1) on Feb. 7, 2014, expanding, clarifying and superseding the May 2013 General...more

Professional and Trade Association Codes of Ethics Can Lead To Antitrust Trouble

Professional and trade associations contribute to the public welfare in many ways, including disseminating information, promoting research, developing standards and spurring industry initiatives. But such associations...more

Fear FACTA: Beware the Truncation Requirement of the Fair and Accurate Credit Transactions Act

All businesses, large and small, that issue electronically generated credit or debit card receipts to consumers at the point of transaction are subject to the “truncation” requirement of the Fair and Accurate Credit...more

Cable Networks and Distributors Alike Face Difficult Burdens of Pleading and Proving Carriage Dispute Claims

Two recent court decisions illustrate the difficult burdens of pleading and proof that face cable networks and distributors alike in asserting carriage dispute claims, whether based on an MVPD’s alleged discrimination in...more

Cloud Computing: U.S. Export Controls Reach for the Sky

Cloud computing is widespread and growing at a rapid pace in corporate information management because it generally is less expensive and more efficient than using internal corporate resources....more

New Iran Sanctions Enactments Apply to U.S. Companies’ Foreign Affiliates and Subsidiaries, and Require SEC Reporting by Public...

The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury enforces comprehensive sanctions that regulate, and largely forbid, most forms of trade and financial transactions by U.S. persons with Iran....more

Objections to FCC Disclosure of Cable Company Pricing Data Due Nov. 26, 2012

The Federal Communications Commission (FCC) issued a public notice on Nov. 16, 2012 (DA-12-1855A1) notifying cable operators of a Freedom of Information Act (FOIA) request for public disclosure of pricing, tiering and system...more

11/21/2012  /  FCC , FOIA
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