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BakerHostetler

Deeper Dive: Preserving Ephemeral Messaging - Capture Data Before Its Ghosts Haunt Your Compliance

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Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more

Benesch

Staying Ahead of the Curve: Adapting to Evolving Cyber Regulatory Enforcement

Benesch on

As calls for executive accountability for cybersecurity intensify, it is essential for companies to scrutinize the adequacy of ephemeral messengers, such as Signal, WhatsApp, WeChat, and Snapchat, in light of both present and...more

Array

This Week in eDiscovery: The Duty to Preserve Ephemeral App Data, Employee Compliance with Electronic Communication Rules

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of July 8-14. Here’s what’s...more

Kilpatrick

California appellate court finds WeChat users are bound by arbitration agreement under equitable estoppel theory but remands for...

Kilpatrick on

Takeaway: In Citizen Power Initiatives for China, et al. v. Tencent America LLC, et al., Nos. H049519 & H049717, 2024 WL 2266070 (Cal. Ct. App. May 20, 2024), a California appellate court found that WeChat users were bound...more

Morgan Lewis

Beijing Courts Find WeChat Records Inadmissible if Recovered Without Employee Consent

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As the data protection regime in China continues to evolve, so do the individual privacy rights of employees. A Beijing appellate court recently rejected an employer’s ability to use—without the employee’s informed...more

Paul Hastings LLP

DOJ's Approach to Ephemeral Messaging is Not Ephemeral: New Guidance on Messaging, Personal Devices

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On March 3, 2023, Assistant Attorney General Kenneth A. Polite announced significant revisions to the Department of Justice (“DOJ”) Criminal Division’s Evaluation of Corporate Compliance Programs (“ECCP”) specifically focused...more

Davis Wright Tremaine LLP

Biden Administration Rescinds Trump's TikTok and WeChat Bans, Issues Two Executive Orders Highlighting Policies on Chinese Tech...

Earlier this month, President Biden issued two executive orders designed to address risks allegedly posed by Chinese technology companies. One order rescinds President Trump's orders banning TikTok, WeChat, and other Chinese...more

Holland & Knight LLP

Biden Signs Executive Order to Protect Personal Data from Foreign Adversaries

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The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more

Wiley Rein LLP

Biden Administration Revokes Trump EOs Targeting TikTok, WeChat, and Other Chinese Software Apps; Initiates Broader Investigations...

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On June 9, 2021, the Biden Administration issued an executive order (EO) entitled “Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries.” This EO revoked three prior Trump Administration EOs aimed...more

Sheppard Mullin Richter & Hampton LLP

Beyond TikTok and WeChat: How Biden’s New EO Could Impact Foreign-Owned Apps

On June 9, 2021, President Biden signed an Executive Order (“EO”) revoking Trump’s orders on TikTok and WeChat. In their stead, President Biden’s EO subjects software applications controlled or owned by “foreign adversaries”...more

Wiley Rein LLP

Presidential EO Prohibits Transactions with Chinese Companies Alipay, WeChat Pay, Tencent QQ, and Others

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On January 5, 2021, President Trump signed an executive order (EO) prohibiting U.S. persons from engaging in transactions with eight “connected software applications” developed or controlled by Chinese companies. The...more

Wilson Sonsini Goodrich & Rosati

Take Two: Another Executive Order Addresses U.S. Personal Data Concerns by Prohibiting Business with Companies That Develop or...

On January 5, 2021, President Trump signed another executive order (EO) to address the threat to U.S. national security posed by access to personal data by the People's Republic of China and the Chinese Communist Party. This...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 7, September 2020

U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more

BCLP

Restrictions Affecting WeChat and TikTok: Now Clearly Defined, But Facing Legal Challenges

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Just as quickly as the U.S. Department of Commerce announced the parameters of prohibitions on transactions involving TikTok and WeChat, pursuant to Executive Orders 13942 and 13943, respectively, actions were taken to delay...more

Husch Blackwell LLP

D.C. District Court Judge Blocks Commerce’s TikTok Ban

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A federal judge from the U.S. District Court for the District of Columbia granted TikTok’s motion for preliminary injunction, resulting in a nationwide temporary suspension of an order from the U.S. Department of Commerce...more

Baker Donelson

The Impact of WeChat Ban on Your U.S.-China Business Operations

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In response to President Trump's Executive Orders signed on August 6, 2020, the Department of Commerce announced on September 18, 2020 prohibitions on transactions in connection with the mobile app WeChat, citing the concerns...more

Dickinson Wright

DW China Trade Update (35th Edition)

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The US Commerce Department releases scope of bans on Tiktok and WeChat - This past August, our China Team reported on President Trump's Executive Order 13942, which placed restrictions on any transactions with two of the most...more

Perkins Coie

TikTok and WeChat—New Developments Delay Prohibitions

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Sunday, September 20, 2020, was intended to be the day on which prohibitions would go into effect on ByteDance Ltd. (ByteDance) and Tencent Holdings Ltd. (Tencent) and their subsidiaries—makers of the TikTok and WeChat apps,...more

Sheppard Mullin Richter & Hampton LLP

Executive Orders on Pause: WeChat and TikTok Bans Temporarily Suspended

On Saturday, two actions put a stop, at least temporarily, to the U.S. shutdown of the popular social media apps WeChat and TikTok. WeChat - On September 19, 2020, a California Federal Magistrate Judge issued a...more

Sheppard Mullin Richter & Hampton LLP

Certainties and Uncertainties Under China’s New Unreliable Entity List

On September 19, 2020, China took a new strategic position in its ongoing trade confrontation with the United States. The Ministry of Commerce of the PRC (“MOFCOM”) issued Regulations on Unreliable Entity List (“UEL”) and...more

Pillsbury Winthrop Shaw Pittman LLP

China’s Ministry of Commerce Publishes “Unreliable Entity List” Provisions

On September 19, 2020 (September 18, 2020 U.S. EDT), China’s Ministry of Commerce (MOFCOM) published the Provisions on the Unreliable Entity List (UEL Provisions), which took effect on the same date. On May 31, 2019,...more

Husch Blackwell LLP

U.S. Scheduled Bans On TikTok And WeChat Apps Delayed

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China-based smartphone apps, TikTok and WeChat, have each received a reprieve from the respective bans, which were originally ordered by President Trump on August 6, 2020 against both parties and were scheduled to take effect...more

Wilson Sonsini Goodrich & Rosati

As the App World Turns: Halt on Implementation of Commerce Prohibitions Regarding TikTok and WeChat

This past weekend saw a halt to the anticipated September 20 implementation of broad prohibitions published on September 18 by the U.S. Department of Commerce (Commerce) regarding TikTok and WeChat mobile applications. No...more

Wilson Sonsini Goodrich & Rosati

U.S. Department of Commerce Publishes Transactions with ByteDance and Tencent That Are Prohibited Due to National Security...

On September 18, 2020, the U.S. Department of Commerce issued two orders identifying the specific transactions related to the WeChat and TikTok mobile applications ("Orders") that are prohibited pursuant to Executive Orders...more

Goodwin

The U.S. Department Of Commerce Restricts Certain Activities Related To WeChat And TikTok

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To implement President Trump’s August 6, 2020 Executive Order on Addressing the Threat Posed by WeChat and Executive Order on Addressing the Threat Posed by TikTok, Friday, September 18, 2020, the U.S. Department of Commerce...more

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