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US & The Americas: guidance for companies developing and implementing antitrust compliance programmes
Recent policy statements by the DoJ highlight the factors companies should consider when developing and implementing antitrust compliance programmes.
Parties with no operations or other relationship to England or the UK frequently specify English law as controlling, with a clause providing for arbitration of disputes in London.
Businesses should be conscious of a number of significant changes under the Intellectual Property Act 2014, as well as further changes which are due in 2015.
US & The Americas: FCC Enforcement Monitor — $86,400 fine for unlicensed and unauthorised BAS operations; and more
Pillsbury has published its FCC Enforcement Monitor for October 2014.
Law firms and clients that are caught unaware of changes to international data protection legislation risk heavy fines.
Energy reform legislation in Mexico gives the private sector unprecedented opportunities in the Mexican electrical power industry
Mexico’s president recently signed into law a historic package of legislation to restructure the nation’s electrical power sector. This article discusses the legislation.
Doing Business in the United States is an introductory guide for non-US businesses that may be interested in doing business in the US.
The 2nd District Court of Appeal has held that Proposition 13 changes in ownership prompted by transfers of legal entity interests should also be characterised as ‘realty sold’.
Circular 37 simplifies the SAFE registration process for Chinese residents seeking offshore investments and financings and it liberalises cross-border capital outflow by Chinese residents.
The next Quarterly Issues/Programmes List must be placed in stations’ public inspection files by 10 October 2014.
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by 10 October 2014.
Practical implications of the JOBS Act changes to private placements: Rule 506(c), crowdfunding and Reg A+
Two key features of the JOBS Act, when combined with certain advantages enjoyed by issuers in Rule 506 offerings, open up a new category of ‘publicly offered private offerings.
We recommend that the China affiliates of multinational companies become familiar with the Disclosure System to comply with the disclosure obligations.
FCC Enforcement Monitor — September 2014: unenclosed and unpainted tower leads to $30,000 in fines; and more
Pillsbury has published its FCC Enforcement Monitor for September 2014.
The US recently expanded sanctions and export controls against the Russian defence sector.
On 25 September 2014, the FAA approved six exemption requests for the use of small unmanned aircraft systems for television and movie filmmaking under strict conditions.
Companies can expect an increase in creative and complex qui tam cases, with the DoJ lending its substantial resources to the growing plaintiffs’ bar.
On 10 September 2014, California governor Jerry Brown signed into law AB 1522, the Healthy Workplaces, Healthy Families Act of 2014.
Aurora Energy decision deems discharges prohibited, leaves open question of permit shield applicability
On 3 September 2014, the US Court of Appeals for the Ninth Circuit issued its opinion in Alaska Community Action on Toxics v Aurora Energy Services LLC.
Scaling back considerably from the October 2012 term, the US Supreme Court issued only a few rulings affecting environmental law during the October 2013 term.
Pre-filing and post-filing licence renewal announcement reminder for TV stations in various US territories
TV, Class A TV and LPTV stations licensed to communities in various US territories must begin airing pre-filing licence renewal announcements on 1 October.
Biennial ownership reports are due by 1 October 2014 for non-commercial radio and TV stations in various US territories
The deadlines for non-commercial radio and television stations to file biennial ownership reports remain in effect and are tied to each station’s respective licence renewal filing deadline.
This Broadcast Station Advisory highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
The English High Court has analysed the arguments for and against non-English forum selection and choice-of-law terms in commercial contracts involving English parties.
The European data protection authorities will be conducting a ‘cookie sweep’. Businesses should be checking their websites and cookie notices now to ensure they are compliant and fix any issues.
New threat to ‘bring your own device’ policies: employer required to reimburse personal cell phone expenses
California employers must reimburse employees who are required to use personal mobile phones for work calls for a reasonable percentage of their phone bills.
On 13 August 2014, the Office of Foreign Assets Control (OFAC) issued new guidance on ownership/control for determining blocked parties.
Mexico’s new energy legislation will completely restructure the Mexican energy sector, including both hydrocarbons and electricity.
The Supreme Court has held that plaintiff stockholders, who make a showing of good cause, can inspect documents concerning a corporation’s internal investigation.
FCC Enforcement Monitor — missing public inspection file and staff result in increased fine; and more
Pillsbury has released the August 2014 issue of its FCC Enforcement Monitor.
Letter from Europe: cheeky monkey — Wikipedia claims copyright comes down to the press of a button download
Paul Harris shares his thoughts and observations on the commercial world, and intellectual property in particular. Here he focuses on the recent ‘monkey selfie’.
Whoever said ‘a verbal contract isn’t worth the paper it’s written on’ did not have this quite right and recent case law confirms they actually had it quite wrong.
US: corrective action catch 22 — Court of Federal Claims holds agency action must be rational even if GAO protest decision was not
The decision in RUSH reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest decision by the GAO.
Delaware Supreme Court permits stockholders to overcome corporation’s attorney-client privilege for ‘good cause’
Plaintiff stockholders can inspect documents concerning a corporation’s internal investigation even if those documents are otherwise covered by the attorney-client privilege.
This briefing outlines the general procedure for repatriating funds from a subsidiary in China.
There is a growing national movement to ‘Ban the Box’ — i.e. to prohibit questions about a job applicant’s criminal history on employment applications.
The Patent Trial and Appeal Board has made it hard for patent owners to amend their claims. Pillsbury’s Patrick Doody outlines the problems this causes and how to fix them.
In response to the continuing situation in eastern Ukraine and Crimea, the European Union (EU) has adopted further significant sanctions against Russia. On 6 August 2014, Russia responded.
In Blackhorse v Pro-Football Inc, the US Patent and Trademark Office once again cancelled various registrations for trademarks used by the Washington Redskins football team as being disparaging to Native Americans.
The EU Article 29 Working Party’s guidance on the ‘legitimate interests’ ground for processing personal data
If a data controller does not have the consent of a data subject to process his or her data, when does the ‘legitimate interest’ condition bite?
A risk management framework should look at dependence on key suppliers or joint venture partners.
Private entities must ensure that exams and courses are accessible to individuals with disabilities or offer alternative accessible arrangements.
The New York City Department of Consumer Affairs has published its final rules regarding the Earned Sick Time Act.
It is too early to administer last rites to the ‘restitution/disgorgement defence’, but a compelling opinionsuggests that its expanding use has been severely curtailed.
In conflicting opinions released on 22 July, two federal circuits split on whether ACA subsidies are available under a federally operated health insurance exchange.
On 1 August 2014, the FDA released draft guidance that would exempt from premarket 510(k) review many low-risk medical devices...
Orbis represents one of the few straightforward decisions in recent months relating to subject matter jurisdiction over protests of task or delivery order procurements.
Words matter when it comes to cyber security, says Pillsbury’s Brian E Finch.
California’s CMIA provides that an individual may recover $1,000 nominal damages based on the negligent release of information by a healthcare provider or other covered party.
The US House of Representatives has passed HR 3696, the National Cybersecurity and Critical Infrastructure Protection Act.