On July 19, 2021, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) adding six Russian organizations to the Entity List. These designations are related to Executive Order 14024, “Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian” (“EO 14024”) that was signed by President Biden in April 2021.
Concern regarding IP theft and other forms of unfair trade practices have been of paramount importance in the past five years in the United States – and have indeed been the justification for imposing significant and long-lasting trade barriers. The Biden Administration affirmed its commitment to using a wide range of remedies to address such trade practices through a set of reports on the 100-day interagency reviews conducted pursuant to Executive Order 14017 “America’s Supply Chains” (the “Reports”).
As a part of its annual Virtual Trade Week series, US Customs and Border Protection issued a list of Frequently Asked Questions on forced labor (“the FAQs”). The FAQs consist of responses to ten questions focused on current issues and latest developments in forced labor enforcement.
On 1 July 2021, the Supreme Court issued its decision in the consolidated case Americans for Prosperity Foundation v. Bonta, No. 19-251 (US 1 July 2021). The Supreme Court reversed the judgment of the Ninth Circuit Court of Appeals and struck down a California donor-disclosure law as facially unconstitutional by a six to three majority.
As a result of COVID-19, construction on a number of renewable energy projects has been repeatedly delayed, potentially jeopardizing valuable tax benefits under the investment credit provisions. Such provisions require taxpayers to make continuous progress toward completion of the project once construction has begun.
This week’s discussion will cover the following: organized crime charges in new elder abuse case; novel SEC insider trading action – SEC v. Matthew Panuwa; quick blurb on 18 year old and under crackdown on video game playing in China; and SEC v. MANISH LACHWANI – the SEC’s enforcement focus on unicorns
On 10 August 2021, the U.S. Senate passed the USD 1 trillion infrastructure bill, known formally as the Infrastructure Investment and Jobs Act (Infrastructure Bill). The Infrastructure Bill includes provisions for approximately USD 550 billion in new federal spending over 10 years on various transportation, broadband, utilities, and other infrastructure projects. The Infrastructure Bill contemplates that USD 28 billion in income tax attributable to the disposition of digital assets will be collected over 10 years.
Baker McKenzie has a team in place that has been advising clients in real-time on critical issues surrounding the COVID-19 pandemic since the first shelter-in-place/stay-at-home orders were enacted. The latest update on 27 August 2021 reflects these developments:
• The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans: Delaware, Illinois, Iowa, and New Mexico.
• The following jurisdictions imposed new face-covering requirements: Illinois, Nevada, Oregon, Washington, and West Virginia.
The US Securities and Exchange Commission (SEC) recently published a request for information and comment on how broker-dealers and investment advisers use digital engagement practices (DEPs) — behavioral prompts, differential marketing, “gamification,” and other design elements and features that firms use to engage with retail investors through digital platforms and mobile applications.
US employers want employees to return to the brick and mortar workplace but with the COVID-19 Delta variant rampaging across the US and elsewhere, many employers are requiring employees to be vaccinated before they return – and they are requiring proof of vaccination. So, what can employers do to track the vaccination status of their employees?
In this Quick Chat video, our Labor and Employment and Data Privacy lawyers discuss risks and best practices for US employers on tracking proof of employee vaccinations, and take a look at data privacy issues that can arise.