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: Continue Reading

Scrambling After an Egg Crisis – EU Safety Guidance for Online Product Sales

EU food safety authorities are still feeling the repercussions of the insecticide-contaminated eggs crisis. That crisis highlights the many challenges of dealing with unsafe and non-compliant products in a single European market, such as a lack of cooperation between EU authorities, traceability difficulties and widely varied national safety and testing standards. Continue Reading

Section 301: The Trade Law You May Not Know Well that Could Shock Industries

On Monday, August 14, President Trump signed an executive memorandum directing U.S. Trade Representative Robert Lighthizer to consider a “Section 301” investigation against China. Now, many of us have heard the phrase Section 301 investigation and, as we do when we are at a party where everyone is talking about that movie we haven’t seen, many of us just nod along. For those of our readers putting on the brave smile, we present bit of background here on the following:

  • What Section 301 is;
  • How an investigations and further trade actions may proceed; and
  • What businesses should be most concerned.

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One Year From Now, You May Be Out of Iran: Trump Administration Policy and the Timeline for Snapback

On July 17, 2017, the U.S. State Department certified that Iran continues to meet the conditions of the Iran nuclear agreement known as the Joint Comprehensive Plan of Action, or JCPOA. As a result, for the next 90 days, the United States will maintain significant reductions in its sanctions against Iran as provided in the JCPOA. Among other things, those provisions allow non-U.S. companies to do business in Iran. The State Department’s action signals that for now, State believes that the JCPOA is the right U.S. policy toward Iran. Continue Reading

In the Chaos of (Trade) War, Where Does Your Company Find Peace?

On July 27, 2017, the U.S. Congress sent to President Trump’s desk a bill that imposes new financial sanctions against Russia, Iran, and North Korea. It appears nearly certain that the president will sign that bill, now called the “Countering America’s Adversaries Through Sanctions Act” (CAATSA). Edit: President Trump signed the bill on August 2, 2017. Continue Reading

The GDPR and The Bottom Line

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.

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Dinner Table Conversation: How an Offhand Comment May Signal a Shift in the Global Trade of Semiconductors

On June 19, Commerce Secretary Ross mentioned at a Wall Street Journal CFO dinner that the Administration is now considering launching an investigation of semiconductor imports under Section 232 of the Trade Expansion Act of 1962. Ross said the specific concern is the threat of China to surpass U.S. semiconductor production. Continue Reading

Our Cuba Sanctions Predictions: How Did We Do?

In our last post, we made a few cocky predictions about the new Trump Administration’s Cuba policy. We correctly asserted that the President would try to chart a narrow course between the Scylla of conservative Cuban-American expectations for an outright return to the embargo and the Charybdis of U.S. interests (business, strategic, and cultural) in improving Cuban relations. But how did our more substantive predictions fare? Okay, it’s a little hard to tell from the President’s actual speech, which was not full of policy detail. Fortunately, there is the Department of Treasury, whose overworked, understaffed Office of Foreign Assets Control provided a helpful FAQ page, and the White House staff, who produced a fact sheet on the new policy. In any event, nothing is final until OFAC issues regulations to implement the new policy. Continue Reading

Oh, Hadn’t You Heard? You’re Violating French Law Right Now! France Gets Serieuse about Anti-Corruption

Ok, ok, don’t panic. Maybe not all of the millions of dedicated readers of this blog are in violation.

Nevertheless, as of June 1, if your company does business in France, it may be time to check your anticorruption compliance obligations. Continue Reading

Our Armchair Santería on Cuba Policy: What Will President Trump do on Cuba?

According to reports published this week, the Trump Administration is preparing to release the results of its policy review on Cuba in the “coming weeks.” We don’t have a crystal ball (or a leaking insider). But we continue to believe that when you eliminate the impossible, what you have left (however improbable) may be the truth. That adage, from Conan Doyle, has guided our predictions of many Trump administration policies. Continue Reading

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