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The Backstory on the Second Circuit Dismissal of Sokolow v. The PLO for Lack of Personal Jurisdiction and the Plan to...

On August 31, 2016, the United States Court of Appeals, ruling on an issue the PLO and PA had been making since Sokolow was commenced in 2004, dismissed the case for lack of personal jurisdiction. But there is more to the...more

Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction

Addressing personal jurisdiction over a foreign defendant, the US Court of Appeals for the Federal Circuit found that concerted actions occurring in a foreign jurisdiction but directed at Delaware were sufficient minimum...more

Emperor Akihito’s Curious Speech

Japanese Emperor Akihito, who is 82 and reportedly in failing health, gave a rare speech this Monday that suggested much more than what he actually said. Emperor Akihito has served in the symbolic position for 27 years and...more

New important laws and proposed amendments to the Constitution of Azerbaijan

The Azerbaijani Parliament has recently adopted several new important laws and proposed amendments to the Constitution of Azerbaijan. Below we summarize the Law of the Republic of Azerbaijan “On Antidumping and Countervailing...more

This Week In Securities Litigation

The D.C. Circuit handed down the first circuit court decision ruling on the Appointments Clause question concerning the retention of SEC ALJs. The court concluded that there was no violation of the Clause....more

The Olympics’ Secret Use of Eminent Domain

It’s an exciting time with the Olympics taking place in Rio De Janeiro. But what takes place before the Olympics ever gets off the ground involves years of planning, lobbying, and infrastructure development. That...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 17: Issues...

Why does this topic matter to organisations? Although a key aim of the GDPR is to harmonise data protection law across the EU, there are a number of areas in which the GDPR leaves it to Member States to adopt their own...more

Government Raids in Korea: What You Should Do When Faced with One

An on-site raid for evidence is a common tool for Korea’s enforcement authorities – particularly when the public prosecutor’s offices are taking the lead in high profile cases. This may surprise practitioners with US...more

FCPA Compliance and Ethics Report-Episode 268-leadership lessons from Brexit

In this episode, Richard Lummis and I visit on the leadership failures and lessons to be learned from the Brexit vote and its aftermath. ...more

Second Circuit Rules that Federal Warrants Do Not Apply to Electronic Information Stored Overseas

On July 14. 2016, the Second Circuit ruled that the government cannot lawfully use a search warrant to compel access to consumer data stored by Microsoft Corporation (Microsoft) overseas. In its decision, the court overturned a district court order denying Microsoft’s motion to quash the warrant and holding Microsoft in contempt for its failure to comply with the warrant.more

The Second Circuit Limits The Government’s Ability To Access Data Stored Overseas

In a case with important privacy implication for U.S. companies providing services ranging from e-mail, social networking, chat communications and remote storage, the Second Circuit Court of Appeal this week held in Microsoft Corp. v. United States that the government cannot compel a U.S. service provider to comply with a search warrant to produce users’ electronic data stored on its overseas servers. In reaching that holding the court determined that the warrant provisions of the Stored Communications Act to not extend outside the United States’ borders.more

Second Circuit Holds that the U.S. Government Can’t Order Microsoft to Disclose Customer Emails Stored in Ireland

In a case closely watched by privacy advocates, on July 14, the Second Circuit Court of Appeals held that the Stored Communications Act (“SCA”) does not authorize U.S. law enforcement authorities to order U.S.-based companies to turn over customer e-mail content that is stored exclusively outside the United States.more

The Administrative Procedure Act - Challenging FBAR Penalties

Over the past 10 years, thousands of U.S. taxpayers with a wide variety of circumstances have been forced to pay extraordinarily high penalties for failure to disclose foreign bank accounts. For years, tax experts said that the penalties imposed by the IRS for non-willful failure to file an FBAR is an issue ripe for a challenge. The first such challenge came in April of 2015 from our firm.more

Mexico’s Collective Bargaining Freedom Protocol: An Introduction for Employers Doing Business in Mexico

In accordance with the International Labour Standards on Freedom of Association (enshrined in the International Labour Organization (ILO) Constitution, the ILO Declaration of Philadelphia, and the ILO Declaration on Fundamental Principles and Rights at Work) and the Mexican Political Constitution, Mexico’s Administration of Labor Inspection of the Labor Ministry has issued the Collective Bargaining Freedom Protocol measure, which, among other things, establishes the procedures and rules that inspectors of the administration will have to follow when conducting labor-related inspections at the worksites of employers operating in Mexico to verify the existence or absence of collective bargaining agreements (CBAs).more

Texas Judge Blocks DOL 'Persuader' Rule With Temporary Injunction

Opponents of the U.S. Department of Labor’s (DOL) controversial “Persuader” Rule received their first major victory yesterday from United States Senior Judge Sam R. Cummings in the U.S. District Court for the Northern District of Texas. Judge Cummings, a Reagan appointee, ordered a temporary injunction preventing the DOL from implementing the new rule, nationwide, until the merits of the case are resolved in an upcoming trial before him.more

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled testimony to foreign authorities and the U.K. Serious Fraud Office’s precedent-setting enforcement actions in bribery cases. Please see full Update below for more information.more

The Supreme Court - June 2016 #5

The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against petitioners RJR Nabisco, Inc. and related entitles (collectively “RJR”). more

Washington ALJ Upholds B&O Assessment on German Company’s Royalty Income

On May 31, 2016, the Washington Department of Revenue (DOR) Appeals Division released a Determination (No. 15-0251, 35 WTD 230) denying a German pharmaceutical company’s business and occupation tax (B&O) protest. The administrative law judge (ALJ) ruled that while the nondiscrimination provisions contained in Article 24 of the US-Germany Income tax Treaty (Treaty) “may apply,” the B&O does not discriminate against non-US businesses because it is imposed on any business deriving royalty income from Washington sources and applies equally to foreign and US companies. The ALJ also found that the company could avoid double taxation of the royalty income by excluding income taxed by Washington from its German tax base. While the company also challenged the constitutionality of the 2010 B&O economic nexus law, the ALJ declined to entertain it—citing a lack of authority to rule on the constitutionality of Washington statutes.more

Belgian criminal settlement regime declared partially unconstitutional by the Belgian Constitutional Court

On 2 June 2016, the Belgian Constitutional Court ruled that a part of the Belgian criminal settlement regime (transaction pénale/minnelijke schikking in strafzaken) is unconstitutional. Currently, article 216bis of the Belgian Code of criminal procedure (Code d’instruction criminelle/Wetboek van strafvordering) allows the Public Prosecutor (Procureur du Roi/Procureur des Konings) to propose that the perpetrator pays a sum of money to stop the prosecution. The Public Prosecutor can, at his discretion, propose a criminal settlement at any stage of the proceedings, even when an investigating judge (juge d’instruction/onderzoeksrechter) is in charge of the investigation or when the case has been referred to criminal court. In these last two cases, Belgian law only allows the court to verify if the formal obligations for a criminal settlement had been met, but cannot rule on the opportunity of the settlement or on the sum paid. The Constitutional Court decided that this lack of scrutiny was unconstitutional, and that oversight of the legality and the opportunity of the criminal settlement is required, either by the investigating courts (Chambre du conseil/Raadkamer) or by the criminal court to which the case had been referred. The Constitutional Court has decided that its ruling will only have effect from the date of its publication in the Belgian State Gazette, so that all previous criminal settlements remain valid.more

INTERPOL and Russia- time for sanctions?

The Russian Federation is one of INTERPOL’s 190 member countries, which means that it has the privilege of using INTERPOL’s databases to help it track down wanted suspects and convicts for prosecution and sentencing. Along with that privilege comes the obligation to follow INTERPOL’s rules, not the least of which are the requirements that every member country abide by the Universal Declaration of Human Rights and uphold their own due process laws. Additionally, member countries must not use INTERPOL’s channels to pursue politically motivated or corruptly filed criminal charges. When countries violate their obligation to uphold these tenets, INTERPOL’s rules specifically provide that those countries can be sanctioned in a variety of ways.more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: June 2016

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: new guidance for boards of directors on business and human rights; the launch of the Responsible Sourcing Tool; the release of the 2016 Global Slavery Index; and a new code of conduct in Europe by which American Internet companies have committed to taking actions to combat illegal hate speech.more

This Week In Securities Litigation

The Second Circuit rejected a challenge to the SEC’s venue selection decisions, concluding that the district court did not have jurisdiction to hear an issue regarding the Appointments Clause. This is the third circuit court to conclude that any such challenge must be presented through the administrative process.more

Privacy & Cybersecurity Update - May 2016

In this edition of our Privacy & Cybersecurity Update, we examine recent developments, including the U.S. Supreme Court's holding in Spokeo that consumer plaintiffs must show "real harm" to sue in federal court, the EU data protection supervisor's criticism of the Privacy Shield and a Maryland federal court's ruling that plaintiffs in a data breach class action lacked standing to sue because they failed to allege an actual injury-in-fact... Please see full Update below for more information.more

The Great Canadian Beer Run: New Brunswick Court Strikes Down Restrictions on Free Trade as Unconstitutional

Surely there can be no dispute more Canadian than Gérald Comeau’s constitutional challenge to laws preventing him from bringing a few cases of Quebec beer into New Brunswick. Mr. Comeau’s challenge not only succeeded; it threatened to upset 95 years of precedent in Canadian constitutional law. In a case widely followed in national media, the Provincial Court of New Brunswick (Court) dismissed charges against Mr. Comeau arising from what will likely be his historic beer run. more

Florida Supreme Court: Origin Sourcing for Sales Tax is Constitutional

The Florida Supreme Court upheld the imposition of a sales tax obligation on an in-state florist for all of its worldwide sales regardless of delivery destination. This “origin sourcing” method of determining transactions subject to sales tax creates constitutional concerns beyond those addressed in this case.more

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