On Saturday, two actions put a stop, at least temporarily, to the U.S. shutdown of the popular social media apps WeChat and TikTok.
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Who’s the Boss? The CFIUS “Control” Definition for Global Venture Capital Funds
My VC Fund has U.S. and non-U.S. General Partners, will I need to file CFIUS declarations for every investment I want to make in tech,
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One Higher Ed Requirement To Know Now
The U.S. Department of Education is just now starting to pay attention to a reporting requirement in the Higher Education Act (HEA) that harkens back
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The U.S. Government Investigates U.S. Universities Participating in the “Confucius Institutes” Program
In July, the U.S. Department of Education Notices of Investigation to four U.S. universities seeking information on the “Confucius Institutes” operating on their campuses. The investigations center on provisions of the Higher Education Act requiring reporting of certain foreign gifts. But the investigations are part of a larger U.S. national security initiative to address foreign influence on U.S. campuses.
In light of these initiatives, the need is greater than ever to balance the sometimes-competing values of protecting U.S. national security and defending academic freedom. Because of the intense U.S. national security focus being trained on these organizations, U.S. colleges and universities are well advised to pay close attention to developments in this area.
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ICE May Visit Your Company or University Campus – a Quick Checklist and Guidance
Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite.” Nonetheless, it is helpful for employers and other stakeholders to know what the required protocols and duties are if ICE shows up, employee rights, and bystander rights. Below is a quick checklist to help you along with important guidance.
Major Points
- Immigration is a civil matter, not criminal. The majority of ICE warrants are administrative civil warrants.
- ICE priorities are arresting those with criminal convictions and those who have been previously ordered removed (absconders). ICE may pursue these activities in public areas.
- Anybody arrested by ICE has the right to counsel.
- ICE agents are federal employees that are working as directed. Nonetheless, it is the policy of most employers that ICE activities focusing on the personal immigration issues of an individual shall not take place on company property.
- If an ICE agent does attempt to arrest someone on company property, do not interfere as that will complicate matters. However, please contact your manager and they will coordinate with HR and Legal.
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Confused by the Evolving Travel Ban? Here’s a Cheat Sheet with the Latest Guidance
While the Travel Ban continues to move up and down the federal court system, here are the latest rules governing travel for citizens of the affected countries as a result of the U.S. Supreme Court’s lifting of the lower courts’ injunctions on December 4, 2017, a December 22 ruling by the Ninth Circuit invalidating the latest travel ban but not enjoining it, and recent action by a Federal District Court in Seattle partially lifting the refugee ban on December 23, 2017:
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The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees
USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact your employees that have DACA status:
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The Foreign Agents Registration Act: Rising Out of Obscurity
Who would have thought that a little-known, 1930s-era law would suddenly become a household name? Not me. Not even as an attorney who counsels clients on compliance with the law and maintains a healthy (read: nerdy) interest in it.
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Predicting the Unpredictable: Practical Steps for International Business Under the Trump Administration
“We must distinguish between the unlikely and the impossible.”
– P.G. Wodehouse
President Trump’s successive executive orders restricting immigration caught many people off guard, and many businesses had to scramble to react. But we propose that predicting the future is not as challenging under the new Administration as it may sometimes seem. For example, if you wished to know whether there would be an immigration ban (whether you favor or oppose immigration restrictions), you could do worse than to take the President at his word about what he is going to do: Candidate Trump promised immigration restrictions targeting, variously, Muslim people, Muslim majority countries, and countries listed as state sponsors of terrorism. Which countries would Mr. Trump target? Several of those listed could have been predicted in advance based on campaign promises. More broadly, a suspension of immigration from Syria and Libya was an explicit campaign promise, so certainly that much was predictable.
Top 12 EU Legal Developments to Watch in 2017
Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your corporate and commercial strategies.
Our predictions include:
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A Surge In Populism: Dangers To Transnational Trade In The Americas And Reasons For Hope
The ongoing presidential election in the United States has underscored a move against free trade by both of the main political parties. This article briefly summarizes some of the proven benefits of free trade and juxtaposes these with the stated positions of the Democratic and Republican parties in the pending presidential election. The article also examines, and disposes of, several of the key criticisms of the legal framework underpinning further trade integration. The article ends hopefully—historically, U.S. Presidents have abandoned anti-trade campaign rhetoric once in the Oval Office.
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