Susan Kohn Ross

Susan Kohn Ross

Mitchell Silberberg & Knupp LLP

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Latest Publications


Everyone Deserves To Have Secrets – Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which brought with it a new era of accountability and expediency in protecting employers’ intellectual property. Whether proprietary...more

5/24/2016 - Defend Trade Secrets Act (DTSA) Immunity Intellectual Property Protection Misappropriation Popular Trade Secrets Whistleblower Protection Policies

The Art of Self Defense

Corporate compliance programs come in all shapes and sizes and apply whether your company is privately owned or publicly traded. These internal controls take the form of accounting and audit procedures,...more

4/19/2016 - Anti-Corruption Cooperation DOJ FCPA Voluntary Disclosure Yates Memorandum

Shielded but Not Covered – Privacy Demands Better Protection

Yesterday, the Article 29 Working Party took action which some found surprising and others predicted. It found the EU-U.S. Privacy Shield did not contain adequate protections and needs further improvement. While...more

4/15/2016 - Article 29 Working Party (WP29) Data Protection Authority EU EU-US Privacy Shield European Commission International Data Transfers Personal Data US-EU Safe Harbor Framework

TFTEA – Export Focus

In earlier editions of our Alert, we first summarized the new law, then addressed the intellectual property rights changes it contained, and most recently covered the organizational structure. Now, we turn to the export...more

4/5/2016 - Customs and Border Protection Exports Intellectual Property Protection SBA Trade Facilitation and Trade Enforcement Act

TFTEA – CBP Organizational Structure

Among its many provisions, the Trade Facilitation and Trade Enforcement Act (“TFTEA” or the “Act”), H.R. 644, formally establishes U.S. Customs and Border Protection (“CBP”) as a department within Homeland Security (“DHS”)....more

3/22/2016 - Customs and Border Protection DHS ICE INTERPOL Trade Facilitation and Trade Enforcement Act

New Customs Law and Intellectual Property Rights

On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015, PL 114-125 (TFTEA), which includes an assortment of trade facilitation and trade enforcement provisions,...more

3/16/2016 - Customs and Border Protection Imports Intellectual Property Protection NDAA Trade Facilitation and Trade Enforcement Act

New Customs Bill Becomes Law

On February 24, 2016, H.R. 644 was signed into law by the President. While yet another trade-related bill was signed without any public ceremony, this new law contains a number of timely provisions. The first section deals...more

3/11/2016 - Anti-Dumping Duty Countervailing Duties Customs and Border Protection Enforcement Actions ICE New Legislation Private Sector USTR

European Union - United States Reach Privacy Deal

As was widely reported last week, United States and European Union officials announced that terms of a “Safe Harbor 2.0” has been reached. Now called the “EU-US Privacy Shield,” few tangible details are public at this time. ...more

2/19/2016 - Article 29 Working Party (WP29) Data Protection Authority EU EU-US Privacy Shield FTC International Data Transfers

ACE Deadline Reminder for Imports and Exports

On February 28, 2016, those involved with imports and exports are preparing to undergo a major transition. As of that date, all entries must be filed using the new Automated Commercial Environment (ACE) system. ACE not only...more

2/16/2016 - Brokers Customs and Border Protection DDTC Exports FDA Imports

New Cybersecurity Law – Are You Prepared?

On December 18, 2015, President Obama signed into law the Cybersecurity Act of 2015. Beginning at Division N, Public Law 114-113 deals with cyber threats and includes the means and methods by which the private sector may...more

1/12/2016 - Breach Notification Rule Crisis Management Cybersecurity Data Breach Incident Response Plans Information Sharing Private Sector Risk Assessment

DOJ Sets Its Sights on Directors and Officers

Whether publicly traded or privately held, corporate boards have been put on notice – the Department of Justice (Justice or DOJ) is after you! On September 9th, DOJ issued a memo entitled: Individual Accountability for...more

9/30/2015 - Board of Directors C-Suite Executives Chief Compliance Officers Compliance Criminal Prosecution Dodd-Frank DOJ False Claims Act (FCA) FCPA Government Investigations Yates Memorandum

GSP Refunds Clarified

While the oft-rumored Federal Register notice has yet to be seen, Customs and Border Protection (CBP) did publish information about obtaining refunds under the now reinstated Generalized System of Preferences (GSP)....more

8/7/2015 - Customs and Border Protection Exports Generalized Scheme of Preferences GSP Regime Imports Place of Origin Refunds

The Times Are Changing, But Very Slowly

First, we learned relations with Cuba were thawing, and now – on July 14th – there is the nuclear deal with Iran. Many American companies are clambering to make commercial deals with businesses in both countries – but not so...more

7/22/2015 - BIS Cuba EU Foreign Relations International Atomic Energy Agency Iran Joint Comprehensive Plan of Action (JCPOA) Nuclear Power Nuclear Weapons OFAC U.S. Embassies UN Security Council

Trade Preference Programs Get New Life

On June 29, 2015, the Trade Preferences Extension Act of 2015 became Public Law No. 114-27. As a result, the Generalized System of Preferences (GSP) was extended to December 31, 2017, with retroactive effect to July 31, 2013...more

7/21/2015 - AGOA Customs and Border Protection Exports Generalized Scheme of Preferences Imports Liquidation Refunds Trade Agreements Trade Preferences Extension Act (TPEA)

Be Careful What You Wish For!

This oft-stated warning is certainly true for those who engage in international trade. For many years, industry has complained to government about different agencies wanting different information at different times in the...more

6/3/2015 - Barack Obama Consumer Product Safety Commission (CPSC) Customs and Border Protection Executive Orders Exports FDA Imports

California Transparency in Supply Chain Act Update

On April 13, 2015, California Attorney General Kamala Harris issued “A Resource Guide” for companies subject to California’s Transparency in the Supply Chain Act (the “Act”). This resource guide was published in conjunction...more

4/22/2015 - Manufacturers Resource Guide Retailers Transparency in Supply Chains Act

President Obama Issues Executive Order Promoting Private Sector Cybersecurity Information Sharing

On Friday, February 13, 2015, President Obama signed an executive order, Promoting Private Sector Cybersecurity Information Sharing (the “EO”), designed to encourage private companies to share information regarding threats to...more

2/18/2015 - Barack Obama Cybersecurity Cybersecurity Framework Executive Orders FOIA Information Sharing NIST Popular Private Sector

Cuba Regulations Change – Round 1

In today’s Federal Register, both the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) published the first revisions to the U.S.’ Cuba economic sanctions. As expected, those changes...more

1/22/2015 - Banking Sector Barack Obama BIS Cuba Cuban Assets Control Regulations (CACR) Embargo Executive Orders Export Controls Exports Imports OFAC Sanctions Telecommunications Trade Policy Trade Relations Travel Permits U.S. Commerce Department U.S. Treasury

Customs Is Again Getting Overly Creative

In late October 2014, Customs and Border Protection (CBP) issued a guidance message in which it laid down new rules regarding post-importation/post-entry claims for duty preference and duty reduction programs – see CSMS re...more

1/8/2015 - Airlines Customs and Border Protection Duty Free Imports NAFTA New Guidance Trade Agreements

Obama’s Reboot of U.S.-Cuba Relations: What Does It Mean?

Last Wednesday, President Obama announced the most sweeping changes to U.S.-Cuban relations in half a century, in effect beginning normalization to a relationship fractured by the pressures of the Cold War. Only baby steps...more

12/23/2014 - Barack Obama Cuba Embargo Exports Financial Markets Foreign Relations Imports OFAC Sanctions Telecommunications Travel

Court of Appeals for Federal Circuit (CAFC) Issues Decision In U.S. v. Trek Leather – Corporate Officer Held Liable

Yesterday, the CAFC issued its en banc decision in the U.S. v. Trek Leather case. The Court held the President of the company liable for gross negligence due to his own actions, even if he is an agent of the company....more

9/18/2014 - Agents CAFC Corporate Counsel Corporate Officers Gross Negligence Negligence Personal Liability Vicarious Liability

Tips For Conducting An Internal Investigation

Perhaps your computer system was hacked. Maybe you opened a container to find goods in it that did not belong to you (thank goodness they were not dangerous) or perhaps no goods but evidence people lived in the container...more

4/16/2014 - Corporate Counsel Corporate Governance Internal Investigations

Corporate Officers Becoming Liable for Negligent Acts Is Reconsidered

In July 2013, the decision of the Court of Appeals for the Federal Circuit (CAFC) was announced in United States v. Trek Leather, Inc. and Harish Shadadpuri, Case No. 2011-1527 (July 30, 2013). Harish Shadadpuri (Shadadpuri)...more

3/27/2014 - Board of Directors Corporate Officers Negligence Professional Liability

Cybersecurity Update – How Are You Impacted?

On February 12, 2014, the Obama Administration released the long-awaited Cybersecurity Framework: “a voluntary how-to guide for organizations in the critical infrastructure community to enhance their cybersecurity” (the...more

3/3/2014 - Critical Infrastructure Sectors Cybersecurity Cybersecurity Framework NIST

Did You Do Enough to Protect Your Trade Secrets?

On January 21, 2014, Mozaffar Khazaee, a naturalized American who maintained dual citizenship with his native Iran, was indicted in Connecticut on two counts of interstate transportation of stolen property, which carries with...more

1/30/2014 - Confidential Information Iran Restrictive Covenants Stolen Goods Theft Trade Secrets

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