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In Antitrust / Competition

United States: DOJ and FTC ramp up enforcement against interlocking directorates

by , , , and 9 Mins Read

The US Federal Trade Commission (FTC) and the US Department of Justice Antitrust Division (DOJ) (together “Agencies”) each have recently taken enforcement actions that demonstrate renewed attention on interlocking directorates (in which individuals simultaneously serve as directors on the boards of competing companies). Interlocking directorates are prohibited under Section 8 of the Clayton Act unless one of its de minimis exceptions applies. Those exceptions are dependent upon the volume of revenues derived from products sold by the operative companies in competition with one another.

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In Tax

United States: IRS warns of imminent compliance alert and examinations for large partnerships

by , and 4 Mins Read

On September 8, 2023, the Internal Revenue Service (IRS) issued a press release that starting in October 2023, the agency will begin mailing compliance letters to partnerships as part of its increasing focus on large partnerships and complex partnership returns. These compliance letters will likely impact partnerships with over $10 million in assets; however, the IRS maintains a broader goal of increasing audit activity and examinations of large partnerships and high-income taxpayers.

In Data Privacy

United States: Four takeaways from the Washington State Attorney General’s Guidance on the My Health My Data Act

by 3 Mins Read

Beyond the statutory text of the new Washington state My Health My Data Act, the Washington Attorney General has published Frequently Asked Questions (FAQs) and will update such FAQs periodically. Some of the FAQs provide insight into possible interpretations of the law’s provisions that are summarized in this article.

In Cyber Security

Canada: Generative AI | Harnessing the Power and Mitigating Risk Symposium

by , , and 1 Min Read

Baker McKenzie is pleased to invite you to a morning breakfast symposium exploring the legal ramifications of the Artificial Intelligence (AI) revolution on 11 October 2023 at 8:00 to 10:30 am ET. This event is ideal for corporate counsel and senior leaders responsible for managing the risks and leveraging the opportunities of the AI revolution, and for those wishing to learn more. It will take place in our Toronto office.

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In Sanctions

US State, Labor, and Commerce Departments Issue South Sudan Business Advisory

by , and 2 Mins Read

On August 14, 2023, the US State Department, the Labor Department, and the Commerce Department issued a business advisory (“Business Advisory”) highlighting key risks for companies operating in South Sudan.
While it does not impose new legal obligations on companies, the Business Advisory highlights the fact that list-based sanctions remain in force targeting certain South Sudanese persons including designations under the US Treasury Department’s Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List, and the US Commerce Department’s Bureau of Industry and Security’s Entity List.

In AML & Financial Services Regulatory

United States: Crypto regulations proposed by Treasury

by , , , and 1 Min Read

On 25 August 2023, the United States Treasury Department issued a notice of proposed rulemaking regarding tax reporting by brokers of transactions involving the sale or exchange of digital assets (“Proposed Regulations”). These long-awaited Proposed Regulations are in response to section 80603 of the Infrastructure Investment and Jobs Act of 2021, which expanded the scope of information reporting obligations for brokers under Code section 6045 to cover transfers of digital assets.

In Sanctions

Canada continues to amend sanctions legislation and designates Lebanese nationals under Magnitsky law

by , and 1 Min Read

Baker McKenzie’s Sanctions Blog published the alert titled  Canada continues to amend sanctions legislation in relation to Iran, Belarus, Russia and designates Lebanese nationals under Magnitsky law on 30 August 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.

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In Data Privacy

United States: Senate Bill 362 to amend California Data Broker Law

by , , and 3 Mins Read

If you are a data broker or a business that relies on data brokers for targeted advertising, you should be aware that the California Data Broker Law may be significantly changed under a proposed bill. Under Senate Bill 362, the California Privacy Protection Agency (CPPA) would be required to set up, by 1 January 2026, an accessible deletion mechanism where consumers could request deletion via the CPPA that all data brokers then have to honor. Data brokers would have to check the CPPA mechanism to process all deletion requests every 31 days, as well as delete personal information about every California resident who ever made a request through the mechanism every 31 days.

In Sanctions

United States: OFAC issues new determination related to Burma sanctions and related FAQs

by , and 2 Mins Read

On 23 August 2023, the US Treasury Department’s Office of Foreign Assets Control issued the first Determination Pursuant to Section 1(a)(i) of Executive Order 14014, which extends the application of section 1(a)(i) of EO 14014 to the jet fuel sector of the Burmese economy. On the same day, OFAC also published two related Frequently Asked Questions: FAQ 1132 and FAQ 1133.

In Cyber Security

United States: FTC recommends transparency when selling digital products and developing AI tools

by , , and 4 Mins Read

The recent proliferation of artificial intelligence (AI) tools, particularly generative AI tools, has brought these questions to the forefront of ongoing conversations about the role that AI will play in the marketplace. As an advocate for and enforcer of consumer protection laws, the US Federal Trade Commission recently offered reminders and recommendations for companies offering digital products and AI tools.

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