International Trade General Business

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By jointly tackling Facebook, French regulators set an example to large international digital media companies – First prominent...

On February 8 and 9, 2016, the French Directorate-General for Competition, Consumer Affairs and Prevention of Fraud (the ‘DGCCRF’) and the French Data Protection Authority (the ‘CNIL’), through an obviously concerted action,...more

Arbitral Awards Based on Penalty Clauses: Enforceable?

A recent English High Court decision suggests that some such awards may be enforceable notwithstanding the rule against penalties. In Pencil Hill Limited v US Citta di Palermo S.p.A., the English High Court enforced an...more

FCPA Compliance and Ethics Report-Episode 232-Kristy Grant-Hart on how to be a wildly effective compliance officer [Video]

In this episode I visit with Kristy Grant-Hart about her new book How To Be a Wildly Effective Compliance Officer...more

UK Financial Regulatory Developments - February 2016 #5

ECA reports on ESMA supervision of CRAs - The European Court of Auditors (ECA) has issued a report on ESMA’s role as the single supervisor of credit rating agencies (CRAs) in the EU. It finds that overall ESMA has laid...more

Misconduct in the C-Suite: SEC Settles FCPA Case with CEO

The SEC is setting its sights on individual prosecutions. Both the Justice Department and the SEC have reiterated the importance of prosecuting individuals. DOJ’s Yates Memorandum promises to deliver an increase in civil and...more

Your daily dose of financial news The Brief – 2.11.16

Day 1 of Dr. Yellen’s trip to the Hill is done, and the official tone is “cautious,” with Yellen predicting continued economic growth and eventual additional rate hikes but expressing concerns about international threats to...more

Communicating Culture Outside the US – Part 1

I once worked in a law firm that was headquartered in another city. We fondly referred to ourselves as “in the provinces” since we worked apart from the mothership. In my corporate life I have worked in the corporate...more

Despite the Fanfare, Iranian Sanctions Remain Largely in Place

To read many of the media reports, the United States has withdrawn sanctions on Iran and Iran is now open for business. Contrary to such reports, the United States sanctions on Iran remain substantially unchanged. ...more

Competition/antitrust law

Focus on the US - Cartel enforcement activity and stiffer criminal penalties against price fixing - The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This...more

Foreign investment review and national security

Focus on the US - Scope of foreign investment review expanding in the US - The US maintains an extensive, though voluntary, foreign investment review process under the Committee on Foreign Investments in the US...more

Economic sanctions and trade

Easing of economic sanctions against Iran - The International Atomic Energy Agency’s recent certification that the Government of Iran has met its obligations under the P5+1 Nuclear Agreement resulted in the United States...more

Cybersecurity and international data transfer

In 2016, cybersecurity will dominate the agenda of the C-Suite. However, that will not be the only data governance concern for organizations. Re-tooling how organizations move data internationally will also be a major...more

EU-US Privacy Shield: Still Awaiting Certainty

Privacy activists across Europe raised their data protection banner following the announcement by EU Commissioner for Justice, Consumers and Gender Equality Vera Jourová on Tuesday 2 February 2016 that a political agreement...more

Tribute to Sam Spence and Management?Leadership

Sam Spence died last week. His was not a name that many folks were aware of generally and even in the sports world where he made his greatest mark. Yet he was a prime mover in the explosion of growth by the National Football...more

OFAC Issues Finding of Violation for Alleged Violations of Sudanese Sanctions Regulations

On February 4, OFAC announced that a subsidiary of a New Jersey-based manufacturer violated the Sudanese Sanctions Regulations, for a period of 7 months in 2010, by facilitating the exportation of goods to Sudan by...more

Your daily dose of financial news The Brief – 2.10.16

We’ve all heard about the billions in tax savings associated with corporate tax inversions, but Deal Professor says the real tax-avoidance game is in a strategy called “earnings stripping”—a technique in which a multinational...more

UK Financial Regulatory Developments - February 2016 #4

ESRB approves expansion of macroprudential policy framework - ESRB has published two recommendations relating to expanding the European macroprudential policy framework. The first concerns the counter-cyclical buffer...more

From Safe to Schrems to Shield - and Other Alliterations Shifting Grounds in the EU Privacy Landscape

In October 2015, the European Court of Justice abruptly invalidated Commission Decision 520/2000/EC on the adequacy of Safe Harbor (Case C-362/14, “Schrems”), mainly on grounds of (i) overly broad access by U.S. law...more

Will free apps soon be dead in Europe?

As we’ve discussed previously, the GDPR significantly limits user consent as a basis for processing personal data. One interesting question is whether the new rules on consent will kill free apps in Europe. Free apps...more

The WSGR Data Advisor - February 2016

With a new year come exciting new developments in the world of privacy and data protection. We are thrilled to announce the launch of the digital version of The WSGR Data Advisor. Please visit our site for the latest news and...more

Treasury and Commerce further relax US Cuba sanctions

On January 26, 2016, the Obama Administration released its third update to the US Cuba sanctions in the past two years. To effectuate these changes, the US Treasury Department’s Office of Foreign Assets Control (OFAC) further...more

Blood on the Tracks Hits No. 1 and the Lessons Learned from SciClone

On this week in 1975, Bob Dylan’s 15th studio album, Blood on the Tracks, reached the Number 1 album slot on the Billboard charts. This was in spite of no song rising above the 31st slot on the single charts. It came out in...more

Privacy Shield: The New Transatlantic Agreement and How it May Impact Your Company

Last Tuesday, February 2, 2016, the European Commission announced that it approved the EU-U.S. Privacy Shield (“Privacy Shield”), an agreement with the U.S. Department of Commerce establishing a new framework for...more

Your daily dose of financial news The Brief – 2.9.16

Think you need to be in commodities or emerging markets to send ripples of fear through the markets these days? Well how about one of the world’s biggest banks. Because markets aren’t so hot on them right now, either –...more

EC Takes Action on Protecting IP in Supply Chains

As global supply chains become more complex, they become vulnerable to various disruptions—counterfeits can enter legitimate supply chains, trade secrets can be compromised, and designs can be copied. These disruptions pose...more

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