Control of a Set-aside Entity
The U.S. Department of Labor (DOL) recently issued an Opinion Letter (FLSA2025-05), offering important clarification for employers operating multiple, related legal entities regarding their responsibilities under the Fair...more
Creating a robust business profile of multiple legal entities is a foundational strategy for asset protection and risk management within a larger affiliated business group. ...more
On November 10, 2025, the United States Department of Commerce, Bureau of Industry and Security (BIS) announced a one-year suspension of the “Affiliates Rule,” which imposed U.S. export control restrictions on entities 50...more
Trade compliance professionals faced a new challenge when BIS launched the new Affiliates Rule that required screening of all parties with 50% interest. Now the new U.S. trade deal with China pauses this increase in export...more
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) is suspending the new Affiliates Rule (read our October 3, 2025 alert to learn more about the rule) until November 9, 2026. ...more
On November 1, 2025, the White House issued a Fact Sheet announcing a one-year suspension of the “Affiliates Rule” effective November 10, 2025. The Bureau of Industry and Security (“BIS”) will implement the one-year...more
The Paycheck Protection Program was a lifeline for small businesses struggling to keep their employees paid during the COVID-19 pandemic. But for business owners who failed to include all applicable employees in their size...more
On September 29, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a pivotal interim final rule under the U.S. Export Administration Regulations (“EAR”) significantly broadening the scope...more
The Department of Commerce’s Bureau of Industry and Security (BIS) has issued an interim final rule (IFR) that extends end-user restrictions to entities owned 50% or more by parties identified on the Entity List and the...more
On Sept. 29, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an Interim Final Rule (the Rule) extending export controls applicable to transactions involving parties restricted pursuant to the...more
In Board of Trustees of the PAMCAH-UA Local 675 Pension Fund v. SMAC Hawaii, Inc., 2025 U.S. Dist. LEXIS 192966 (D. Haw. Sept. 30, 2025), the pension fund sought to collect over $610,000 in ERISA withdrawal liability from...more
On 18 August 2025, the Supreme Court of Bermuda delivered its judgment in the case of Annuity & Life Re Ltd and Pope Asset Management LLC v Kingboard Copper Foil Holdings Ltd and Others [2025] SC (Bda) 88 Civ. This marked the...more
The U.S. Department of Commerce Bureau of Industry and Security (BIS) published a much-anticipated interim final rule (IFR) on Sept. 30, 2025. The IFR makes foreign entities that are owned 50 percent or more, directly or...more
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently implemented the long-anticipated 50% ownership standard (or Affiliates Rule) to extend the licensing requirements under the Export...more
On September 29, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a rule, effective immediately, that amended the Export Administration Regulations to address diversion concerns regarding...more
Pursuant to the new “Affiliates Rule,” the Entity List license requirements now apply to any foreign entity that is owned, directly or indirectly, individually or in the aggregate, 50 percent or more by one or more listed...more
On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (“BIS”) announced it was extending restrictions imposed by its Entity List and its Military End User (“MEU”) List to organizations...more
In response to national security concerns regarding shipments of export-controlled items diverted to entities on the Entity List and other U.S. restricted parties lists, the U.S. Department of Commerce, Bureau of Industry and...more
On September 29, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a long-anticipated interim final rule (IFR) amending the Export Administration Regulations (EAR) to extend Entity List and...more
The U.S. Commerce Department has expanded export control sanctions by extending them to 50% or more-owned affiliates of restricted parties. This development has a particularly significant impact on China-related export...more
The Department of Commerce’s Bureau of Industry and Security (BIS) has published an interim final rule (the Affiliates Rule) expanding the standard for entities captured under BIS export restrictions to include entities with...more
The Affiliates Rule automatically extends the US Department of Commerce’s Entity List and Military End-User (MEU) List to entities owned 50% or more by entities on either list. On September 29, 2025, the US Department of...more
On September 29, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule expanding restrictions on Entity List and Military End-User (MEU) List parties to automatically apply...more
The highest court in China recently released new interpretations regarding the application of laws in labor dispute cases, which took effect on September 1, 2025. These bring clarity to a range of employment issues in China,...more
Private fund advisers continually balance their ongoing responsibility to ensure that the funds they advise comply with such funds’ governing documents and their responsibility to ensure their own compliance with applicable...more