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The ‘Safe Harbor’ Scheme Coming Under Challenge

The Court of Justice of the European Union (“CJEU”) held yesterday, in its decision in Schrems v. Data Protection Commissioner, that the decision of the European Commission of July 2000 which provides the legal basis under EU...more

No More “Safe Harbor” for the EU-US Transfer of Personal Data - Is Your Online Business Endangered?

What Happened? The highest court in the European Union, the EU Court of Justice, has just invalidated the EU-U.S. Safe Harbor mechanism. Companies can no longer rely on Safe Harbor certification to justify data transfers of...more

The ‘Safe Harbor’ Scheme Coming Under Challenge

The Court of Justice of the European Union (“CJEU”) held yesterday, in its decision in Schrems v. Data Protection Commissioner, that the decision of the European Commission of July 2000 which provides the legal basis under EU...more

New IP Legislation Under Consideration Regarding Tax Relief for Income Generated From IP Assets

McGraw Hill Financial, Oracle and Facebook, announced they are forming a group called “American Innovation Matters” (AIM) to lobby Congress to revise the U.S. international tax code rules in an effort to encourage innovation...more

Ground-breaking European Court Decision – US Safe Harbor Declared Invalid

Today, in a ground-breaking Decision, the Court of Justice of the European Union (CJEU) declared the US Safe Harbor scheme to be invalid, as well as confirming that individuals have the right to challenge any similar schemes...more

The Collection of Passenger Data - Draft Directive Back on Schedule

The EU Passenger Name Record (PNR) Directive has had a turbulent ride: it was first proposed in 2011, rejected in 2013 by the Civil Liberties Committee and discussions suspended a year later. It was then revived in the...more

Is the Safe Harbor Framework Still Safe?

On October 6, 2015, the European Court of Justice (ECJ) will issue its decision in Schrems v. Data Protection Commissioner, Case C-362/14, which may invalidate the U.S.-EU Safe Harbor Framework. The Safe Harbor Framework...more

U.S., China Announce Cybersecurity Agreement During Xi Jiping’s Visit

Chinese President Xi Jinping made his first state visit to the United States last week, and his itinerary included meetings with U.S. technology company leaders as well as President Barack Obama. Not surprisingly, his hosts...more

China-U.S. Agreement on Cyber-Theft for Commercial Gain

Chinese President Xi Jinping’s visit to Washington D.C. led to a very significant agreement on cybersecurity, as reflected by The White House fact sheet released Friday (excerpted below). The agreement addresses a core U.S....more

Judicial Redress Act Advances

In what may prove to be a major step forward in US-EU privacy relations, the House Judicial Committee approved H.R. 1428, the Judicial Redress Act of 2015, on September 16. If enacted, the bill would allow citizens of...more

OFAC Updates Cuban Assets Control Regulations Easing Sanctions on Cuba

On September 18, OFAC issued a final rule amending the Cuban Assets Control Regulations (CACR) to reflect policy changes previously announced by the Obama administration. With respect to financial transactions, the...more

Summer is (Almost) Over & Congress is Back!

While summer isn’t officially over until September 22, for most here in the nation’s capital the vacations are nearly completed and it is back to work as Congress returns from the long August recess and Labor Day...more

U.S. Considers Sanctions Against China For Cyber Hacking And Trade Secret Misappropriation

You may have missed it this past weekend, but reports indicate the United States is considering sanctioning Chinese companies and individuals who have benefited from their government’s alleged cyber hacking of U.S. trade...more

Exclusivity Period of Biologics Remains a Hurdle in Trans-Pacific Partnership Talks

The latest round of talks over the Trans-Pacific Partnership (TPP), a proposed Pacific Rim free-trade agreement, has ended with disagreement on a number of key issues, including the non-patent exclusivity period for biologic...more

NIST draft report: international cybersecurity standardization needed

An interagency working group led by The National Institute of Standards and Technology (NIST) and The Department of Commerce recently published a draft report (the “Report”) recommending that the U.S. government increase its...more

U.S. Business Groups Urge Obama Administration To Address Chinese Cybersecurity Rules

On August 11, 2015, a group of 19 U.S. business groups, including the U.S. Chamber of Commerce and the US-China Business Council, sent a letter to President Barack Obama urging him to push China to change its cybersecurity...more

Upcoming EU Copyright Reform

It does not happen often to see European Institutions agreeing on a common strategy. Yet, the strong political will around the need to create a single market for digital content moved this item to the top of the agenda of the...more

Net Neutrality And The End Of EU Roaming Charges ? Not There Yet

Following years of debate and intense lobbying, a long awaited agreement has finally been reached on a proposed EU regulation on net neutrality and mobile roaming surcharges. This has its origins in the more ambitious...more

Identity Management: Push to Adopt Legislation Heats Up

Businesses and governments are beginning to recognize the critical importance of online identity management, as previously reported, and as a result we are starting to see a strong push for legislation governing this topic....more

Cuba Si! Trade With Cuba … Not Quite Yet

There has been much fanfare surrounding the reestablishment of diplomatic relations with Cuba, starting with President Obama’s announcement of the resumption of bilateral relations, and followed by the formal establishment of...more

Debate over the Exclusivity Period for Biologics in the Trans-Pacific Partnership

A group of Democratic lawmakers and advocacy organizations criticized protections for brand-name biologics in the current draft of the Trans-Pacific Partnership, or TPP, a free-trade agreement among a dozen Pacific Rim...more

Alert: Is an Innovation Box Coming to the US?

United States lawmakers are facing increasing pressure from technology and life science industry leaders to adopt an "innovation box" regime to level the playing field with foreign counterparts and prevent significant US job...more

A significant milestone in the path towards the adoption of the General Data Protection Regulation

On 15 June 2015, the Ministers of the Council of the European Union (the "Council") agreed upon a global approach to the European Commission's proposal for a Regulation of the European Parliament and of the Council on the...more

Canada Expands Sanctions on Russia and the Crimea Region of the Ukraine

On Monday, June 29, 2015, the Canadian government expanded its economic sanctions against Russia and the Crimea region of the Ukraine. Three additional individuals and 14 entities were added to the list under the Special...more

The War Against Cyber Threats: President Obama Ups the Ante

Focusing on overseas cyber threats, President Obama issued an Executive Order on April 1, 2015, which grants authorization to impose sanctions on individuals and entities engaged "in malicious cyber-enabled activities that...more

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