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United States: Georgetown Law Trade Secrets Symposium

by 2 Mins Read

On 8 November 2023, join thought leaders from government, the judiciary, academia, and private practice for this timely gathering on the Georgetown Law campus in Washington, DC. Laws and policy surrounding the protection of trade secrets are changing as technology evolves. In this first-of-its-kind event at Georgetown, intellectual property experts will discuss the following topics: How generative AI is transforming the trade secret landscape, the role of non-competes, protecting against leaks of confidential information, the impact of China’s emerging trade secret protection landscape on global commerce, and the future of trade secrets in the US and abroad.

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United States: California strengthens privacy protections for citizenship and reproductive healthcare data

by 7 Mins Read

On 8 October 2023, California Governor Gavin Newsom signed two bills into law amending the California Consumer Privacy Act. AB 947 classifies citizenship and immigration status as “sensitive personal information” subject to special protections under the CCPA, while AB 1194 strengthens reproductive privacy rights. Both bills carried the unanimous endorsement of the California Privacy Protection Agency. Details for each bill are described below followed by actionable guidance businesses can take to prepare now before these laws go into effect on 1 January 2024.

In Tax

United States and Belgium: Indiscriminate obligation to report US taxpayers under FATCA challenged under EU law

by 1 Min Read

On 24 May 2023, the Belgian Data Protection Authority (DPA), the authority responsible for enforcing the EU’s General Data Protection Regulation in Belgium, issued a major decision (“Decision”) concerning information exchanges pursuant to the US Foreign Account Tax Compliance Act (FATCA). The Decision declares the information reporting required of the Belgian tax authority and Belgian financial institutions under FATCA to be unlawful because it violates the privacy rights and protections afforded to Belgian residents under the GDPR, as well as the rights to a private life and protections of personal information guaranteed by the Charter of Fundamental Rights of the European Union.

In Tax

United States: District court grants in part enforcement of IRS summons on Kraken

by and 1 Min Read

In United States v. Payward Ventures, Inc., the Internal Revenue Service (IRS) sought enforcement of a John Doe summons served upon Payward Ventures and its subsidiaries (referred to collectively as “Kraken”), which the court had previously preliminarily approved. Following Kraken’s refusal to comply with the summons, the IRS sought to enforce the summons. The dispute between Kraken and the IRS focused on whether the information sought by the IRS was relevant and imposed an undue burden of compliance upon Kraken.

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United States: California Delete Act signed into law and introduces single deletion mechanism

by , , , , , and 4 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 will be significantly changed under the California Delete Act, which was signed into law by California Governor Newsom on 10 October 2023. Under the act, the California Privacy Protection Agency (CPPA) is required to set up, by 1 January 2026, an accessible deletion mechanism where consumers can request deletion via the CPPA that all data brokers then have to honor.

In Anti-Corruption

United States: DOJ announces new mergers & acquisitions Safe Harbor Policy

by , , , , , , , , , and 8 Mins Read

On 4 October 2023, Deputy Attorney General Lisa Monaco of the U.S. Department of Justice announced a new DOJ-wide policy that seeks to provide greater certainty as to the potential benefits to acquirers that uncover criminal conduct at a target company. The DOJ’s Mergers & Acquisitions Safe Harbor Policy for voluntary self-disclosures provides greater certainty to acquirers who self-report within the safe harbor period, fully cooperate with the DOJ in its investigation, and engage in requisite, timely, and appropriate remediation, pay restitution, and disgorge any ill-gotten gains.

In Employment

Canadian Labour and Employment Law

by , , , , , , , , , , , , , , , , and 5 Mins Read

Through the Canadian Labour and Employment Law blog, our lawyers provide legal updates and practical insights to help clients understand, prepare for and respond to the latest domestic and cross-border Labour and Employment issues affecting Canadian and multinational employers.

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In Trade and Foreign Investment

Canada: Trade Outlook – Fall 2023 Trade & Customs compliance outlook (Video Chat)

by , and 2 Mins Read

2023 has proven to be another dynamic year under the Government of Canada’s trade agenda, which showed no signs of slowing over the summer. From May to August 2023, the Government passed into law novel supply chain transparency legislation and introduced amendments and legislative proposals that are impacting, or will impact, compliance with Canadian customs, export controls, and economic sanctions legislation.
Watch the companion videos highlighting our compliance tips in relation to developments in Canadian customs, sanctions, export controls, and forced labor laws.

In Antitrust / Competition

Canada: Proposed amendments to modernize Canadian Competition Law

by 5 Mins Read

On 21 September 2023, the Government of Canada introduced Bill C-56 or the Affordable Housing and Groceries Act (“Bill C-56”), broad legislation that includes amendments to the Competition Act that, if adopted, will repeal the efficiencies defense in mergers, expand the scope of agreements and arrangements subject to the civil competitor collaboration provision, and permit public interest market studies. The proposed amendments to the Competition Act align with the Prime Minister’s recent announcement that the federal government would take action to enhance competition and drive down prices for Canadians, with a special focus on the grocery sector.

In Sanctions

Canada Imposes Additional Sanctions Against Haitian Elites: 3 Individuals Targeted

by and 2 Mins Read

On 21 September 2023, Canada announced amendments to the Special Economic Measures (Haiti) Regulations (the “Regulations”) in response to “acts of significant corruption”. These amendments list an additional three individuals under the Schedule of the Regulations and took effect on 20 September 2023. This follows Canada’s appointment of a new ambassador of Canada to Haiti, André François Giroux, on 18 September 2023.

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