In several recent decisions, district courts have held that liability under the Defend Trade Secrets Act can extend to extraterritorial defendants. As set forth by Sheppard Mullin’s Tyler Baker in a prior blog post, the extraterritorial reach of the DTSA is rapidly expanding. Non-U.S. Companies and the DTSA: Parameters of
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Lend Me Your EARs: CFIUS Makes Export Controls a Trigger for Mandatory Filings
On October 15, 2020, CFIUS will officially tie mandatory filings to U.S. export control regimes, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). While that change may draw a clearer line of what constitutes a mandatory filing, it also pulls your CFIUS review into…
How the New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company
한국어 번역문은 이곳을 클릭해주시기 바랍니다.
Presidential Proclamation
On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant visas. The new visa ban expands the restrictions to certain non-immigrant categories.…
Coming to America…to Wait Out the Coronavirus — Visa & Immigration Considerations
By Greg Berk
With the growing concern about Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) some foreign nationals who live outside the U.S. have decided to fly to the U.S. and wait out the crisis. This article discusses the related visa and immigration issues, and what U.S. Customs and Border Protection requires to admit…
UPDATED: China Trade War Scorecard: Keeping Track of Tariffs
With round after round of tariffs on Chinese goods, announcements, removals, exclusions, delays, increases and, of course, tweets regarding all of the above, it can be easy to get lost on where, exactly, things stand with respect to Tariffs implemented under Section 301 of the Trade Act. Below we provide…
New York DFS Plans to Streamline Supervisory Information Sharing
The New York State Department of Financial Services (“DFS”) is proposing a new regulation that would allow banks to share confidential supervisory information with their attorneys or an independent auditor without gaining prior approval from the department.
Banks currently need written approval from DFS each time they want to share…
Don’t Wait Until There Is A Problem To Protect Your Trade Secrets
By Seong Kim & Rebecca Edelson
Trade secrets frequently drive the success of a business both in South Korea and the United States.
Overview for Korean Businesses
Trade secret protection is more important than ever given increased workforce mobility and industrial espionage, as well as the advent of technology that makes misappropriation easier than it used…
US Law Allows Discovery for Foreign Proceedings
By Neil Popovic & Shin Hahn
Fearing the burdens of U.S. court litigation, many foreign companies doing business with American counter-parties insist on forum selection clauses that call for resolution of disputes outside of U.S. courts, either in foreign courts or international arbitration. High on the list of objectives may be avoiding U.S.-style discovery, which can…
Foreign Companies: Does the U.S. Government Now Have Access to Your Overseas Data?
The United States government has a powerful new tool to gain access to data stored overseas – the CLOUD Act, which was enacted this spring. If you are a company based overseas, particularly if you use a cloud service provider with a significant U.S. presence, it just got a lot…
On FIRRMA Ground: Congress to Restrict Foreign Investment and Expand Export Controls
In late June, there were reports that the Trump Administration would use emergency powers to restrict Chinese investment in the United States. On Wednesday, the White House backed away from that position after the House of Representatives passed a bill on Tuesday expanding and increasing the powers of the Committee…