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The New “Click-Through”?: New York Budget Proposal Requires Marketplace Providers to Collect Tax

On January 21, Governor Cuomo delivered his State of the State address, along with proposing the new budget. The budget has a number of new tax proposals. One of those proposals would have a significant impact on e-commerce...more

China removes foreign investment cap on e-commerce business in the Shanghai free trade zone

The PRC Ministry of Industry and Information Technology (MIIT) announced on January 13, 2015 that effective the same date, the investment ratio restriction for foreign investment in e-commerce business (falling under the...more

Two-Factor Authentication Is a Necessity for Companies

It seems as though every other week brings news of a new social media hack. Last week, Crayola had hackers post inappropriate content on its Facebook page, and the official Twitter feed of U.S. military's Central Command was...more

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

TCPA Connect - January 2015

Dish Could Face Billions in TCPA Liability - Dish Network is liable under the Telephone Consumer Protection Act not only for telemarketing calls made by the company, but for those a call center and other third parties...more

Treasury and Commerce loosen Cuba embargo

In implementation of the policy changes announced by President Barack Obama on December 17, 2014, the US Department of the Treasury, Office of Foreign Assets Control (OFAC) has amended the Cuban Assets Control Regulations, 31...more

The Obama Administration Revises the Cuba Sanctions Regulations to Expand Trade Opportunities While Certain Law Makers Question...

On January 15, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) released important updates to the Cuban Assets Control Regulations (“CACR”). The U.S. Department of Commerce’s Bureau of Industry...more

Mobile Wi-Fi Bumps Up Against NIMBY

Hey, What Happened to My Internet Connection? - In February 2013, a guest who stayed at the Gaylord Opryland Hotel and Convention Center in Nashville filed a complaint with the Federal Communications Commission,...more

Where the Rubber Meets the Road: Obama Administration Announces Regulatory Amendments to U.S. Cuba Sanctions

On January 16, 2015, the U.S. Department of the Treasury (“Treasury”) amended the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (“CACR”), and the U.S. Department of Commerce amended the Export Administration...more

Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in...more

Apple Pay and Google Wallet: Mobile Payment Going Mainstream

When Apple announced on September 9, 2014 that the iPhone 6 would be equipped with a mobile payment system appropriately called Apple Pay, the entire mobile payment universe woke up. Although competitors had existed for...more

California Earthquake: “Proposition 65” About to be Rocked?

California’s “Proposition 65” warning requirements (Health & Safety Code Sections 25249.6 et seq.) have long been a major concern for businesses that want their products offered for sale in the State’s large marketplace....more

Turkish Parliament Approves E-Commerce Law

Turkey’s Parliament has approved Law No. 6563 on the Regulation of Electronic Commerce (Law) aimed at creating a more secure, transparent and accessible e-commerce environment. The Law is expected to come into force 1 May...more

Partial Relaxation of Cuban Sanctions: New Regulations Issued

The U.S. Department of the Treasury and the U.S. Department of Commerce have released new regulations that loosen restrictions on trade and travel with Cuba....more

Proposition 65 May Mean More Than Warning Signs and Lawsuits

As this space has discussed, Proposition 65 has been the subject of attempts by the California Legislature to reform the enforcement of the law. Recently, the California Office of Environmental Health Hazard Assessment...more

Maine’s Crowdfunding Goes Live

On January 1, 2015, Maine’s crowdfunding rule went effective. Maine enacted 2014 P.L. Ch. 452 “An Act to Increase Funding for Start-ups” (referred to as Maine’s “crowdfunding law”) on March 2, 2014, but companies in Maine...more

Are Non-Disparagement Clauses a Good Idea?

Creatively, some physicians have been turning to non-disparagement clauses within confidentiality agreements as a way to prevent patients and potential patients from posting negative online reviews....more

Canadian Privacy Compliance: Time for your Online Checkup

In a previous post on online behavioural advertising (OBA), we wrote about the Office of the Privacy Commissioner’s ”call to action” to stakeholders in the advertising industry on OBA, and we discussed the industry’s response...more

"OFAC and BIS Implement Changes in Cuba Policy"

Since the 1960s, the United States has maintained an embargo on Cuba that in many respects is the most comprehensive set of economic and trade restrictions on any country. On January 16, 2015, amendments to regulations issued...more

Can You Believe Internet Marketing Firms?

A provocative question to be sure--- This is what I have concluded--Internet Marketers Lack an Understanding of What They Sell. Oh sure, the CEO, designers and technicians may have incredible skills and have spent hours...more

Back to the Future—Supreme Court to Review Rule On Post-Expiration Patent Royalties

Kimble v. Marvel Enterprises - The U.S. Court of Appeals for the Ninth Circuit, in affirming a district court decision that toy maker Marvel was not required to make payments after the expiration of a patent,...more

Business Law Newsletter - January 2015

In This Issue: - FirstPay Decision: IRS Bests Trustee in Local Tax Case - Privacy Policies for Mobile Apps: One Size Does Not Fit All - Trademark Fees are Decreasing - Excerpt from Trademark Fees are...more

China Regulatory Enforcement Quarterly - Noteworthy developments and insights from the fourth quarter of 2014

In This Issue: - Executive Summary - PRC Legal and Regulatory Updates - Major Enforcement News - The Pharmaceutical Blacklist: A Look Back - After One Year - PRC Anti-Corruption 101 - Frequently Asked...more

District Court Rules Online Agreement Does Not Bind Customers to Unknown Future Contract Terms

On December 10, the U.S. District Court for the Northern District of California granted plaintiff’s motion for partial summary judgment in a class action suit filed against a large grocery chain. Plaintiff claims that the...more

US Implements Measures to Liberalize Cuba Sanctions and Export Controls

On January 16, 2015, the United States amended existing regulations to implement the changes announced by President Obama on December 17, 2014, liberalizing US sanctions and export controls targeting Cuba. As a result, the US...more

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