News & Analysis as of

Corporate Counsel Extraterritoriality Rules

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds Commission’s Power To Demand Data Held by Foreign Companies

In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more

Mayer Brown

EU AI Act Published: Which Provisions Apply When?

Mayer Brown on

On July 12, 2024, the EU AI Act (EU Regulation 1689/2024) was published in the Official Journal of the European Union. The text of the law is final and will enter into force on August 1, 2024. Its provisions will apply...more

Axinn, Veltrop & Harkrider LLP

Motorola v. Hytera: Seventh Circuit Set to Hear Arguments on the Extraterritorial Reach of DTSA

On December 5, the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. will hear high-stakes arguments concerning the application of the federal Defend Trade Secrets Act (“DTSA”) to trade secrets taken...more

Neal, Gerber & Eisenberg LLP

Client Alert: SCOTUS Holds that Federal Trademark Law Cannot Be Applied to Foreign Conduct in Abitron v. Hetronic

On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with...more

BCLP

The Digital Markets, Competition and Consumers Bill - important changes to the UK's existing competition law

BCLP on

As we reported previously, on 25 April this year the UK Government introduced the Digital Markets, Competition and Consumers Bill (“DMCC Bill”). Many of the headlines about the DMCC Bill have understandably related to the new...more

Fenwick & West LLP

The Long Arm of the Lanham Act? Supreme Court to Consider Foreign Reach of US Law

Fenwick & West LLP on

Circuit courts have struggled for decades to adopt a uniform approach for when to apply the Lanham Act extraterritorially. That struggle may end soon. In the Abitron Austria case, the Supreme Court is set to clarify the scope...more

Foley Hoag LLP

Second Circuit Affirms FCPA Acquittal of Former Alstom Executive

Foley Hoag LLP on

On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins...more

Proskauer - Whistleblower Defense

CA District Court: SOX and Dodd-Frank’s Whistleblower Provisions Do Not Apply To Individual Employed Abroad

On June 7, 2022, the United States District Court for the Northern District of California, relying on recent ARB decisions, held that a plaintiff who lived and worked for a Canadian subsidiary of a US company could not avail...more

Jones Day

CJEU Makes First Judgment Interpreting EU Blocking Regulation

Jones Day on

An Eagerly Awaited Decision - The Grand Chamber of the Court of Justice of the European Union ("CJEU") has recently— and for the first time—given its opinion on the interpretation and application of the controversial...more

Dechert LLP

UK Court of Appeal considers territorial scope of GDPR

Dechert LLP on

A recent UK Court of Appeal decision highlights ongoing uncertainty regarding the jurisdictional reach of the GDPR and invites intervention from the Information Commissioner’s Office. ...more

Polsinelli

Five Immediate Steps to Take in Preparation for China’s New Comprehensive Privacy Law

Polsinelli on

China has recently joined the list of countries that have adopted the world’s strictest data-privacy laws. Given China’s desirability as both a market for and a source of data, companies worldwide have started making early...more

Sheppard Mullin Richter & Hampton LLP

Highlights of China’s Recently Adopted Personal Information Protection Law

On August 20, 2021, the Standing Committee of the National People’s Congress adopted the Personal Information Protection Law of the People’s Republic of China (the “Personal Information Protection Law”). The Personal...more

WilmerHale

Split SEC Settles Touting Charges with ICO "Listing" Website

WilmerHale on

On July 14, 2021, the US Securities and Exchange Commission (SEC or Commission) announced settled charges against Blotics, Ltd., f/d/b/a Coinschedule Ltd. (Coinschedule), the UK-based operator of Coinschedule.com, a...more

K&L Gates LLP

Key Takeaways and Q&As to Understand China's Effort to Establish Its Own Legal Regime of Extraterritorial Jurisdiction

K&L Gates LLP on

On 10 June 2021, the Standing Committee of the National People’s Congress reviewed and approved the Anti-Foreign Sanctions Law (the AFSL), which took effect on the same day. The AFSL was enacted within two months and without...more

Hogan Lovells

China’s Data Security Law: A new vision for the regulation of a digital economy

Hogan Lovells on

China’s National People’s Congress (NPC) promulgated the Data Security Law of the People’s Republic of China (DSL) on June 10, 2021.  The DSL will take effect September 1, 2021, making for a very brief transition period...more

Dechert LLP

Supreme Court Holds Alien Tort Statute Inapplicable to Extraterritorial Acts Alleged to Aid & Abet Child Slavery

Dechert LLP on

Key Takeaways - In its just-issued opinion in Nestle USA, Inc. v. Doe, No. 19-416, slip op. (2021), the Supreme Court reaffirmed its holding from Kiobel v. Royal Dutch Petroleum Co., 569 U. S. 108 (2013), that the Alien Tort...more

Wyrick Robbins Yates & Ponton LLP

The Short Arm of GDPR? UK Court Decision Analyzes Application of GDPR to US-based Company

Organizations in the United States often ask us how to comply with GDPR. But starting with that question skips a key inquiry: the extent to which GDPR applies to a US company in the first place....more

WilmerHale

China Issues Blocking Rules to Counter Foreign Sanctions and Other Measures

WilmerHale on

On January 9, 2021, China’s Ministry of Commerce (“MOFCOM”) promulgated the Rules on Blocking Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (阻断外国法律与措施不当域外适用办法) (“Blocking Rules”). The...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Mulls Scope of Alien Tort Statute in Nestle, Cargill

On December 1, 2020, the U.S. Supreme Court heard oral argument in a pair of related cases presenting questions about the scope of the Alien Tort Statute (ATS), a frequent topic of debate before the Court in recent years. In...more

Littler

Colorado Issues Final Rules on Equal Pay for Equal Work Act with Significant Job Posting Requirements for All Employers with...

Littler on

On November 10, 2020, the Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency (EPT) Rules implementing Colorado’s Equal Pay for Equal Work Act, which goes into effect January 1, 2021....more

Mintz - Intellectual Property Viewpoints

Federal Judge Confirms that Federal Trade Secret Statute Applies to Misappropriation that Occurs Overseas

Earlier this month, a Northern District of Illinois jury returned a verdict in favor of Motorola for over $700 million after a trial in which Motorola alleged that Hytera hired three engineers away from Motorola’s Malaysian...more

Cozen O'Connor

Court Reverses Foreign National’s FCPA Conviction, Setting a High Bar to Establish an Agency Relationship

Cozen O'Connor on

A ruling issued on Wednesday, February 26 by a Connecticut federal court details the type of control necessary to find that a foreign national acted as an agent of a U.S. domestic concern for purposes of falling within the...more

Hogan Lovells

Should I Be Worried About the GDPR? – EDPB’S Guidelines on the GDPR’S Territorial Scope

Hogan Lovells on

Does the GDPR really apply to my company? From a data protection standpoint, this is the first thing that comes to mind within non-EU companies. In many cases, the GDPR seems like an issue of the Old Continent, so some assume...more

McDermott Will & Emery

Sixth Circuit Changes Landscape of Discovery in Aid of International Commercial Arbitration

McDermott Will & Emery on

There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more

Jones Day

Data Protection: Reducing the Risk of Disruption on a "No Deal" Brexit

Jones Day on

The Situation: The United Kingdom is due to leave the European Union ("EU") on 31 October 2019. Negotiations between member states of the EU excluding the United Kingdom ("EU27") and the United Kingdom are ongoing, but it is...more

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