In response to Russia invasion of Ukraine, the United States and dozens of its allies and partners around the globe have imposed what the White House has called, "the most impactful, coordinated, and wide-ranging economic restrictions in history." This article (1) provides an overview of OFAC sanctions jurisdiction and circumvention prohibitions, (2) summarizes recent Russia sanctions, (3) provides a synopsis re sanctions evasion through cryptocurrency, (4) highlights existing US regulatory guidance regarding sanctions evasion through cryptocurrencies, and (5) recommends measures that persons and companies may wish to consider to mitigate the risk of sanctions violations.
The US Supreme Court has long been skeptical of novel proposals by federal agencies to address issues of vast economic and political significance. In West Virginia v. EPA, the Court made clear that its past cases reviewing novel applications and interpretations of agency powers do constitute an identifiable “doctrine” for application by courts going forward. When an administrative agency makes a “major policy decision,” it must have “clear congressional authorization” to do so. This case may represent one of the Supreme Court’s most significant administrative law decisions since Chevron U.S.A. Inc. v. Natural Resources Defense Council in 1984.
On June 13, 2022, the US Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying to use section 1782 more frequently to obtain comprehensive discovery that would otherwise typically be unavailable in arbitration abroad. While the Supreme Court has ostensibly put an end to that practice, the possibility of further litigation over section 1782 remains, as parties are likely to test the boundaries of the Supreme Court’s decision.
On May 26, 2022, the US Department of Commerce, the Bureau of Industry and Security (BIS) issued a final rule, finalizing changes to License Exception Authorized Cybersecurity Exports (ACE) and making related changes to other sections of the Export Administration Regulations (EAR). These changes include narrowing of exceptions for end use restrictions applicable to certain government end users in Cyprus, Israel, and Taiwan under License Exception ACE and addition of new end use restrictions for License Exception ENC (Encryption Commodities, Software, and Technology).
The New Labour Law (33/2021) and its implementing Regulations (together the “New Laws”) were introduced in February 2022. They apply to all private sector employers in the United Arab Emirates (“UAE”) with the exception of employers within the Dubai International Financial Centre (“DIFC”) and Abu Dhabi Global Market (“ADGM”) financial centre free zones. The New Laws represent the biggest change in the employment law landscape in the UAE for 40 years and while there will be continue to be a period of time over which the Courts will test and probe the New Laws, HR practitioners, business owners and legal counsel with responsibility for people related matters in the UAE need to be familiar with the changes and, critically, ensure compliance.
On July 15, 2022, China’s antitrust authority SAMR announced a three-year pilot program beginning August 1, 2022 to delegate the review of certain simplified-procedure merger filings that the agency currently handles on its own, to five of its local branches (“AMRs”) in Beijing, Shanghai, Guangdong, Chongqing, and Shaanxi. Each of the five local AMRs will be responsible for a specific geographic area (“Territory”) within China. This article discusses this first step to implement China’s “categorized and classified” merger control review regime under the new Anti-Monopoly Law.
In July 2022, the sponsors of the Uniform Commercial Code (“UCC”) approved wide-ranging amendments to the UCC (“2022 UCC Amendments”) to provide workable rules for emerging technologies, such as distributed ledger technology and virtual currency. If adopted by individual state legislatures, these amendments should provide greater certainty regarding the rules governing security interests, competing claims, custodial risks, and other issues associated with digital assets. This article provides a high level summary of selected aspects of the 2022 UCC Amendments that may be of particular interest to financial market participants.
Under the US Patent and Trademark Office’s (USPTO) new guidance on discretionary denial of institution of inter partes and post-grant (IPR and PGR, respectively) proceedings, a pending International Trade Commission (ITC) investigation is no longer a basis for the Patent Trial and Appeals Board (PTAB) to exercise its discretion to deny institution. This is a material change from past PTAB practice, which had previously denied institution of such post-grant proceedings due to an ongoing parallel ITC proceeding. This article discusses three considerations for ITC litigants given the USPTO’s new guidance.
This session will focus on how to establish a small local or regional law office of a multinational company. Processes including organizing and structuring a department, policies and procedures, oversight, and contract management will be addressed.
This is a comprehensive tutorial and guide on copyleft and the GNU general public license.
This resource provides in-depth analysis regarding the US Department of Labor final rule regarding ERISA fiduciary investment advice, including amended exemptions for conflicted investment advice.
One thing that strikes me about ACC is that it is so much more than an organization that provides in-house counsel with industry information. Instead, I find ACC to be a community that connects me to the people and resources that help me professionally
and enrich me personally.
This program material analyzes the evolving role of non-lawyers in legal departments.
Despite populist rhetoric and international trade wars, the social-capitalism of the day is the dominant species in our modern global economic environment. And those who adapt will survive.
ACC Board Chair Bill Mordan galvanizes readers to excel for their clients in the throes of battle — both inside and outside the courtroom.
The ACC Law Department Management Report is a study of corporate law departments and their operations based on a survey of nearly 300 chief legal officers, general counsel, and legal operations professionals across 37 industries and 25 countries. This report builds on the chief legal officers survey and other ACC reports, discussing the qualities that drive high-performing legal operations in top law departments. This resource also contains benchmarks for companies and leaders looking to learn more about the evolution of the general counsel as a strategic business partner.
This is a sample real estate purchase and sale agreement regarding a Tennessee LLC.
903 - Out of Sight, Out of Mind? Structuring Outsourcing Agreements in India & Asia-Pacific
"the "Getting the Deal Through" reference guide for M&A professionals"
A presentation focusing on how cultural differences can make international business a challenge.
What do clients really think about the legal department? Get the scoop on what clients like and don’t like about working with lawyers, their view of in-house counsel as budget managers, and their perceived value of in-house counsel crossing over to the business side.
This article uses the experience of one law department to show how integration with the business teams--an active philosophy of being closer to the business--can replace the dreaded corporate staff moniker with status as an integral part of the operating business.
SEC Amicus brief Pacific v. Mayer (PIMCO v REFCO) filed 8/6/09
The 2013 ACC Value Champions share how they achieve strong alignment between business clients, inside and outside counsel through leading management practices including pricing, collaboration and continuous improvement. This will be an interactive session, so bring your own questions and concerns.
This presentation will discuss why successful project management is essential for innovative organizations, help you understand the primary characteristics of projects and the criteria for success, and focus on how the environment, stakeholders, schedule, cost and quality requirements impact the definition of deliverables.
"the "Getting the Deal Through" reference guide for M&A professionals"
This article addresses the reality that whether you outsource mostly in-house activities or activities that are going to move from a law firm to a different kind of provider, eventually what gets unbundled has to be re-integrated.
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