International Trade Constitutional Law

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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 [Video]

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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...more

Dropping the Dime: Risks of Giving Evidence to Canadian Securities Regulators

Canadian securities regulators often cooperate with their counterparts abroad due to the increasingly global nature of securities regulation. Canadian securities regulators have entered into several agreements or memoranda of...more

Quid Pro Quo and FCPA Enforcement

Yesterday on the podcast, the FCPA Compliance and Ethics Report, I posted the full oral argument from the Supreme Court in the case of McDonnell v. US (shout out to Web Hull for sending it to me), which is the appeal of the...more

FCPA compliance and Ethics Report-Episode 251-oral argument in the Supreme Court on McDonnell v. US [Video]

In this episode, I post the full oral argument at the US Supreme Court in McDonnell v. US. Please see my blog post discussing the case for further analysis and discussion. ...more

French 3% contribution tax on distributions: Claim opportunities for French subsidiaries of MNEs following new developments...

On April 6, 2016 the First Instance Court of Montreuil filed a request with the French Constitutional Court in relation to potential breaches of the French Constitution (more precisely the Declaration of Human Rights dated...more

Texas resident makes claims that Texas drone law is unconstitutional

Last week, Texas resident, Manuel Flores, filed suit in Texas challenging the constitutionality of the state’s drone surveillance law. His suit claims that the law treats approximately 1 million residents categorically...more

Supreme Court Decides Bank Markazi v. Peterson

On April 20, 2016, the Supreme Court decided Bank Markazi v. Peterson, No. 14-770, holding that Congress did not unconstitutionally infringe on the role of the judiciary when it passed the Iran Threat Reduction and Syria...more

Testing The 5th: Compelled Testimony From Foreign Regulators

The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

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