How The EU Data Privacy Regulation Will Affect American Companies’ Data Collection and Processing Practices – and Their Revenue

For American companies who do business in Europe or who process the personal data of EU residents, the world of data privacy and security is about to get much more complicated. While U.S. privacy law is unsettled, with rapidly proliferating state and federal laws and regulations and uncertainty as to how strictly they will be enforced, the rules in the European Union are tough and about to get much tougher. The General Data Protection Regulation (EU) 2016/679 (GDPR), slated to take effect in May 2018, will give consumers in the EU substantially more control over how their personal data is used. The increased control includes the right to:

  1. access any personal data that has been collected,
  2. obtain confirmation about whether an individual’s data is being processed, and
  3. require that the data be “erased” if the consumer withdraws consent.


Continue Reading The GDPR and The Bottom Line

By Scott Maberry and Lisa Mays of Sheppard Mullin; and Vincent J. DeRose, Jennifer Radford, Greg Tereposky and Daniel Hohnstein of Borden Ladner Gervais LLP. Today’s Global Trade Law Blog is brought to you by a collaboration between the international trade group at Sheppard Mullin and the team at Borden Ladner Gervais LLP (BLG).

The United States and Canada enjoy a unique bilateral relationship. That relationship reflects a unique friendship, underpinned by shared geography, similar values, common interests, deep connections and powerful, multi-layered economic ties. The United States and Canada have both repeatedly confirmed their common commitment to strengthening the security of the border by working cooperatively to address threats early, facilitate trade, promote economic growth and jobs, integrate cross-border law enforcement, and bolster critical infrastructure and cyber-security.


Continue Reading The Future of the U.S.-Canada Trade Relationship in Light of the Election

On December 18, the President signed legislation passed by Congress that authorizes further sanctions on Russia.  The Ukraine Freedom Support Act of 2014 (UFSA) is aimed to assist “in restoring Ukraine’s sovereignty and territorial integrity” and to deter the Russian Government “from further destabilizing and invading Ukraine and other independent countries in Central and Eastern Europe, the Caucasus and Central Asia.” While the legislation authorizes a range of new sanctions on Russia’s defense and energy sectors as well as foreign financial institutions who engage in sanctionable transactions, it also grants the President significant discretion to waive both the industry-wide sanctions and specific transactions on national security grounds.
Continue Reading New Russian Sanctions Legislation

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) to restrict exports to Venezuela of certain items intended for “a military end use or end user.”  These changes complement a pre-existing U.S. arms embargo against Venezuela – in place since 2006 – that was imposed because of Venezuela’s failure to cooperate on counterterrorism initiatives.
Continue Reading Drop Your Weapons: The United States Restricts Military Exports to Venezuela

With our political system suffering from a growing chasm down party lines, our public servants seem to be increasingly vulnerable to public pressure.  Politicians scramble to fight for whatever cause du jour will garner them the most support.  And lately, no political act is guaranteed to please Main Street quite so much as blaming the U.S. banking system for the country’s woes.  (It is not just the government attacking the banks; as we reported here, Arab Bank of Jordan is currently facing penalties after a jury of its peers decided the bank was liable for seemingly attenuated violations of the Anti-Terrorism Act.)
Continue Reading Round Two: Prosecutors Reopen Bank Settlements

Anti-corruption due diligence can be vexing even in the best of conditions; it is often made more complicated by time and business pressures that arise in the context of a merger or acquisition or an urgent sales opportunity.  Anti-corruption compliance is always fact-intensive, and due diligence is no exception, requiring many judgment calls about what issues to prioritize and how to deploy limited resources.  This article aims to provide a basic outline of seven key steps to consider in anti-corruption due diligence.
Continue Reading Beyond the Checklist: Seven Keys to Effective Trade Due Diligence

On July 16, the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC) imposed new sanctions against Russia, which target the country’s financial, energy and defense sectors.  In a parallel action, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) added 11 parties to its Entity List based on their role in the destabilization of eastern Ukraine and the ongoing occupation of Crimea and Sevastopol.
Continue Reading CLIENT ALERT: United States Imposes New Sanctions and Export Restrictions Against Russian Banks, Companies, and Individuals

In the aftermath of disclosures of the extent of U.S. government monitoring of private communications, the European Commission is currently considering changes in the U.S.-EU Safe Harbor framework. The EU and its member states already have some of the strictest data privacy laws in the world. Under current EU law transfer of personal data the United States is generally prohibited because the United States fails to meet the EU “adequacy” standard for privacy protection. Current law provides a “Safe Harbor” in cases where the U.S. recipient of data can certify to the U.S. Department of Commerce that it meets the privacy requirements set up under the U.S.-EU Safe Harbor Framework. Such certification now allows the transfer of personal data.But in light of newly-disclosed privacy threats such as the surveillance program of the U.S. National Security Agency, (NSA),the European Commission has proposed several changes to the US-EU Safe Harbor program, including the following:
Continue Reading Data Privacy Alert: Prepare for Changes to the US-EU Safe Harbor

The pressure on Russia continues to build.  As we previously reported here and here, throughout March, the United States and other Western powers implemented a series of sanctions against individuals and entities deemed to be involved in the political destabilization of Ukraine.  Those sanctions were restricted to specific parties, including high ranking Russian and Ukrainian officials and – notably – one Russian bank.
Continue Reading Starving the Bear: The United States Restricts Exports to Russia

On February 19, 2014, the U.S. Commerce Department announced that it had reached an agreement with Santa Clara-based Intevac, Inc. to settle allegations that Intevac violated U.S. export regulations governing exports of technology.  Under the agreement, Intevac agreed to pay a civil penalty of $115,000.
Continue Reading Tech Company Shares Tech, Makes Self-Disclosure, Pays Penalty

1.      Background

The early 1990’s in Brazil were marked by a combination of extremely high inflation, poor quality services and goods (which were mostly manufactured locally), onerous bureaucracy, and persistent corruption.  An elected president, who followed a military government which had lasted for decades, was seen to be looting most Brazilians’ savings.  He was in turn removed from office and then impeached amid a corruption scandal.  No wonder distrust in Brazilian public officials has been so high.


Continue Reading The Brazilian Anti-Corruption Act of 2013 (Act # 12846)