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European Union Cookie Sweep Highlights Need for Improved Compliance

On February 3, 2015, European data protection regulators released the Cookie Sweep Combined Analysis Report analyzing how websites use cookies to collect data from European citizens and highlighting noncompliance with Article...more

Red Notice Newsletter - February 2015

Introduction - Welcome to the February 2015 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. - This month on the anticorruption front, several companies face the consequences of...more

DOE Overhauls Export Controls for Nuclear Technology

On February 23, 2015, the Department of Energy (DOE) released a long-awaited final rule overhauling its Part 810 Regulations (10 C.F.R. Part 810) governing the export of certain nuclear technology and assistance. Effective on...more

Japan: Significant Changes In Consumption Tax

Raise in Consumption Tax Rate Postponed - On November 18, 2014, Shinzo Abe, the Japanese Prime Minister, officially announced that the increase of the consumption tax rate which was originally planned to occur in October...more

European Chemicals Agency Releases Practical Guide on Biocidal Products Regulation

Not a moment too soon, the European Chemicals Agency (ECHA) released a useful and clearly written Practical Guide on Biocidal Products Regulation, ECHA-14-B-19-EN. ECHA is the European Union (EU) agency tasked with...more

Do You Really Know Your China Telemedicine Partners? China Anti-Corruption Effort Focuses on Major Medical Institutions

This post is the fourth in Foley’s blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the Chinese telemedicine market....more

Orrick's Antitrust and Competition Newsletter (Global) - February 2015

DOJ’s Approval of Revisions to IEEE’s Standard-Setting Policies Provides Guidance for SSOs, Patent Holders, Licensees and Courts - On Feb. 2, 2015, the U.S. Department of Justice issued a business review letter that...more

The U.S. Complaint Against the Government of China in the WTO, Including the Targeting of Chinese Medical Device Manufacturers

On February 11, 2015, the United States filed a complaint before the World Trade Organization (WTO), alleging that certain actions by the national, regional and local governments of the People’s Republic of China are in...more

Growing Issues In A Miniature World: Nanomaterials Registers In The European Union

Many scientists believe that the highest growth potential for improved applications lies in nanomaterials. This technology is not without controversy and the law is only now trying to catch up with the technological...more

China issues new CBRC Guidelines Is China putting the squeeze on foreign investment in its banking industry?

A new set of regulations issued by the China Banking Regulatory Commission has fuelled concerns that China intends to squeeze foreign investment in its banking industry....more

China Imposes Record Fine of Approx. US$975 Million (€863 Million) Under Its Anti-Monopoly Law

China’s National Development and Reform Commission (NDRC) announced an RMB 6.088 billion (approximately US$975 million and €863 million) fine against Qualcomm Inc. for alleged abuse of its market position in China in...more

Data centres: The linchpins of the new digital economy

Data centres are the unseen yet integral part of the digital infrastructure of today’s global cities. The market in the specialist provision of data centres around the world is growing dramatically—and it shows no signs of...more

Qualcomm Agrees to $975 Million Fine and Conduct Remedies to Resolve Chinese Standard Essential Patent Licensing Investigation

The assertion of standard essential patents (SEPs) by patent-holders has raised patent, contract, and competition issues in jurisdictions around the world. One SEP holder, Qualcomm, has faced particular scrutiny with respect...more

Undercover of the Night – Hacking, Data Breaches And The Terrorism Exclusion

In recent years, there have been several notable large data breaches that have caught the attention of the media. Home Depot and Target are examples of major corporations that have been hacked. ...more

U.S. Sanctions Update

Recent actions by the U.S. Congress and several executive branch agencies have resulted in changes to sanctions related to various countries and regions, including Cuba, North Korea, Crimea, and Venezuela....more

UK Government Issues Additional Cyber Security Guidance

The UK Government has issued additional guidance for organisations to help them protect themselves against a cyber attack. The new guidance supplements the previous guidance by setting out what common cyber attacks look like...more

Life Sciences Industry Grapples With Increasing FCPA Enforcement Activity

Doug Greenburg is a partner at Latham & Watkins and a Vice Chair of the global Litigation Department. His practice focuses on internal corporate investigations, white collar criminal defense, and US Securities and Exchange...more

EU Copyright: No Resale of Digital Content Except for Software? How Does the European Court of Justice Decision on Exhaustion of...

The European Court of Justice (ECJ) has decided that the rule of exhaustion of the distribution right upon first sale (in the U.S. known as the “first sale” doctrine) does not apply to post first-sale alterations to the...more

IRS Focus: Offshore Tax Evasion Tops Dirty Dozen List

The IRS issued two New Releases this week that restate its focus on offshore tax evasion. The first was January 29, 2015 which followed the First International Criminal Tax Symposium....more

“Toubon Law” 20 Years On: The Cyber Economy and France’s Law on the Mandatory Use of the French Language

In 1994, France implemented a law, known as the “Toubon Law” after France’s then-minister of Culture, Jacques Toubon, to preserve the French language, protect French consumers and promote French culture. At the time, the...more

(Un)Safe Harbor and Cloud Services in Germany Under Scrutiny

On Wednesday, Jan. 29, 2015, Berlin Data Protection Commissioner Dr. Alexander Dix, speaking at the European Data Protection Conference in Berlin, made a number of important announcements regarding the EU/U.S. Safe Harbor...more

Germany: German Federal High Court rules on two eBay offer listing cases

On 12 November 2014, the German Federal High Court (BGH) ruled that a sales contract for a used car concluded on the internet platform eBay was valid, even though the seller ended the listing early when the buyer’s initial...more

EU: Ryanair scrapes a win (but not using IP!)

The CJEU has ruled that database owners whose databases are not protected by copyright or the sui generis database right may rely on contractual terms and conditions to restrict access to and exploitation of their data. As a...more

Personal Liability for Export Violations: Civil Penalties for Individuals May be Trekking Toward You

You run a small tech company that customizes other manufacturers’ desktop and laptop computers for your customers. You can install special chipsets, encryption hardware and software, upgrade the fans and power units to make...more

EU Data Protection – Proposal on Co-Operation Procedure to Harmonize Common Opinions on Contractual Clauses

On November 26st, 2014, the EU Article 29 Working Party (the "Working Party") issued a "Working Document Setting Forth a Co-Operation Procedure for Issuing Common Opinions on ‘Contractual Clauses’ Considered as compliant with...more

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