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Extraterritoriality Rules Today's Popular Updates

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

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Confirms Extraterritorial Reach of the Defend Trade Secrets Act

This is the first of two updates on the impact of Motorola v. Hytera on trade secret cases. The second update, regarding remedies, will be published next week....more

McDermott Will & Emery

Reasonable Royalty Available for Foreign Activities (But Not This Time)

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The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a patent owner from seeking damages based on method claims infringed outside of the United States but confirmed that reasonable...more

Mayer Brown

Key forthcoming EU legislation on Cybersecurity, Artificial Intelligence, Data and Digital Markets

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NETWORK AND INFORMATION SECURITY 2 DIRECTIVE (NIS2) - WHO WILL BE IN SCOPE? Operators of essential and important services across various sectors including energy, transport, banking, health, medical devices, chemicals...more

Axinn, Veltrop & Harkrider LLP

Reading Tea Leaves: Oral Arguments in Motorola v. Hytera and the Extraterritorial Reach of the DTSA

Last week, the Seventh Circuit heard arguments in Motorola Solutions, Inc. v. Hytera Communications Corp. concerning when, if at all, civil claims under the Defend Trade Secrets Act (“DTSA”) may extend to extraterritorial...more

Faegre Drinker Biddle & Reath LLP

The UK’s Online Safety Bill – Implications for US and International Businesses

On 19 September 2023, the UK Parliament passed the Online Safety Bill (“OSB”). The OSB aims to protect individuals from illegal online content and focuses on the protection of children by requiring the removal of content that...more

Seyfarth Shaw LLP

Courts and Brand Owners Struggling With SCOTUS Decision Limiting Ability to Police Against Foreign Trademark Infringement

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The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the...more

Perkins Coie

Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on Extraterritoriality

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After more than two years of litigation, Amazon and Microsoft won summary judgment in two class action lawsuits asserting violations of the Illinois Biometric Information Privacy Act (BIPA): Vance v. Amazon.com, Inc., Case...more

Morgan Lewis

Third Circuit Rejects Direct-Party Exception for Digital Marketers Under Pennsylvania’s Wiretap Statute

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In a precedential decision with potential implications for online privacy disclosures and consent practices, the Court of Appeals for the Third Circuit recently ruled that a retailer and its third-party digital marketer were...more

Jones Day

China Issues Draft Guidance on Security Assessments for Cross-Border Data Transfers

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The Cyberspace Administration of China has issued draft guidance on applying for and conducting security assessments for cross-border data transfers for public comment. On October 29, 2021, the Cyberspace Administration of...more

Jones Day

Highlights of China's New Personal Information Protection Law

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The PIPL imposes extensive obligations on organizations and individuals engaged in "handling" of personal information, which is defined to include "collection, storage, use, processing, transmission, provision, disclosure,...more

Hogan Lovells

Official Guidelines issued for Japan’s upcoming data privacy law amendments

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On 3 August 2021, Japan's Personal Information Protection Commission (“PPC”) published its long-awaited Guidelines on amendments enacted in 2020 (the “2020 amendments”) to Japan’s Act on the Protection of Personal Information...more

Hogan Lovells

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

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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

Morrison & Foerster LLP

Barron v. Helbiz Inc.: A Rare Mixture Of An ICO, Morrison, And State Law Claims

Pending before the Second Circuit is a unique (and apparently sua sponte) application of the jurisdictional test announced by the Supreme Court in Morrison v. Nat’l Australia Bank Ltd., to dismiss non-securities state law...more

Knobbe Martens

Measuring the Reach of GDPR, How Far Is Far Enough?

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It’s generally recognized that the General Data Protection Regulation (GDPR) can apply to entities outside the European Union. However, scant court rulings guide non-European controllers and processors on this question. The...more

Orrick, Herrington & Sutcliffe LLP

China Unveils Its First Draft of Personal Information Protection Law

On October 21, 2020, a draft of China’s Personal Information Protection Law (the “Draft PIPL”) was released for public comment on the website of China’s National People’s Congress – the national legislature. The comment...more

Akin Gump Strauss Hauer & Feld LLP

New DIFC Data Protection Law in Force - What You Need to Know

On October 1, 2020, the three-month grace period for businesses to comply with the Dubai International Financial Centre (DIFC) Data Protection Law (DIFC Law No. 5 of 2020) (“DPL 2020”) came to an end. Regulating the...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

Hogan Lovells

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

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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

Sullivan & Worcester

France Rejects Poland’s Bad Faith Efforts to Extradite Art Dealer Alexander Khochinsky

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My client Alexander Khochinsky is safely back in the United States after an eight-month ordeal spurred by Poland’s retaliation for his assertion of restitution for his mother’s property lost in Poland during the Holocaust....more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

Pillsbury - Policyholder Pulse blog

Massive GDPR Fine Is a Wake-Up Call to Get Compliance and Cyber Insurance Squared Away

Have $57 million (or more) to spare? You’re going to need it if you run afoul of the EU’s General Data Protection Regulation (GDPR) without cyber insurance. In late January 2019, the French data protection authority, CNIL,...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - January 2019

We are pleased to announce the launch of our UK Employment Flash, covering the latest employment law developments, news and insights from the U.K. Our inaugural issue includes commentary on the U.K. government's proposed...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more

White and Williams LLP

Despite Limited Restriction on Extraterritorial Reach, Second Circuit Leaves Potential for FCPA Liability Wide Open

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The reach of the Foreign Corrupt Practices Act (FCPA) extends to companies and individuals. One example of the breadth and significance of FCPA prosecutions is found in the federal government’s investigation of Alstom S.A., a...more

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