How can Financial Institutions manage conflicts in sanctions laws ?
Where do conflicts in sanctions laws arise, and how do financial institutions best navigate these? How does this align with or diverge...
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Baker McKenzie Archive
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UK Government lowers intervention thresholds for public health and national security related transactions
On Monday (22 June 2020), changes to the Enterprise Act 2002 merger control thresholds were laid before the UK Parliament relating to (i)...
Creator of "Anti-Money Laundering Bitcoin" Indicted for . . . Money Laundering
Roland Marcus Andrade, creator of "AML Bitcoin," was charged with fraud and money laundering in a grand jury indictment unsealed yesterday.
European Commission Completes Highly Anticipated GDPR Review
The European Commission completed its highly anticipated two year review of the General Data Protection Regulation ("GDPR") on June 24,...
Cardiac Signature: A new biometric identifier?
New biometric technologies can pick up on a unique cardiac signature from 200 meters away, even through clothes.
But what is a person's...
SEC v. Liu an Overall Win for the SEC, but May Result in Some Future Limitations on Settlements and Litigation
The much-anticipated Supreme Count decision for SEC v. Liu, published June 22, 2020, is a win for the SEC after a string of losses. The...
A victory for free speech?
News today that the French Conseil Constitutionnel has struck down the Loi Avia which would have required platforms to take down unlawful...
Potential roadblock for UK adequacy decision on the horizon?
In a letter to Members of the European Parliament ("MEP"), the chair of the European Data Protection Board ("EDPB") has highlighted a...
5* Fakes: Germany suggests tough measures on the way for fake reviews
The German competition authority has issued its preliminary findings on its investigation into online user reviews.
Fake reviews are...
ICO Releases Updated Guidance for Employers Considering Testing During the COVID19 Pandemic
The ICO have just released updated guidance for employers who are considering new data processing measures due to COVID19 in order to...
Chinese Equities Take Another Hit on US Exchanges
While the trade war between China and the United States may be cooling, restrictions on Chinese listings in the United States are heating...
Freedom of speech and saving legitimate content trumps onerous takedown and blocking law in France
The French Constitutional Council has just issued its decision on the compliance of the Avia Law (on various requirements relating to...
The EU is opening its piggybank
Players in the TMT space should be looking at whether they will be able to tap into the new funding that is coming from the Commission as...
Reopening for Business: Essential Checklists for UK In-House Counsel
I appreciate there is a lot of COVID-19 material out there - but this is a really helpful resource to have available.
Moving from crisis...
EEOC says employers may not require antibody testing!
The EEOC just updated its Technical Assistance Q&A on COVID-19 and the ADA to distinguish between antibody tests (which detect past...
SEC Enforcement, Post-COVID: Applying Lessons from the 2008 Crisis to Look Ahead
This article, originally published in the Investment Advisers Association newsletter, analyzes the past to look ahead to a post-COVID...
As trade talks with the EU lack progress, could a deal with Australia and NZ be on the cards?
As formal trade talks with both Australia and New Zealand are about to begin, Australia's trade minister has indicated that a free trade...
SEC Chairman Statement Addresses Renewed Areas of Focus Concerning Advice to Retail Investors
Just two weeks ahead of the Regulation Best Interest and Form CRS June 30 implementation deadline, SEC Chairman Jay Clayton issued a...
Footfall up as shoppers return - but there is a long road to recovery
Non-essential retailers are open for business after nearly three months, as consumers face a new reality of social distancing, face...
GAO Affirms That "Unstated" Considerations Can Sink Bid
In general, an agency's evaluation of a government contracting bid is constrained by the factors specified in the evaluation....
Presenting Baker McKenzie's COVID-19 Product Import/Export Review ("COVID-19 PIER") tool.
The past few months have seen an exponential increase in the demand for personal protective equipment (“PPE”), medical supplies, and...
How to strengthen your D&I focus during and beyond COVID-19
We need a collective focus from all professionals to ensure that Diversity & Inclusion remain a central pillar for businesses that...
Can a virtual meeting between the top dogs reignite the Brexit deal?
The UK Prime Minister Boris Johnson and European Commission President Ursula von der Leyen are set to meet this afternoon in an attempt...
NY DFS Perspective on Remote Supervision Instructive Across Several Industries
This interview with New York Department of Financial Services Superintendent Linda Lacewell covers a wide landscape and underscores how...
EEOC says you don't have to accommodate employee concerns about family members and COVID-19.
The EEOC supplemented its guidance today on the ADA, reasonable accommodations and COVID-19. The new guidance adds several Q&As...
ESG - An Example of Differences in US and EU Approaches
The environmental, social and governance (ESG) landscape continues to evolve. This article examines whether short selling non-ESG...
WHAT ABOUT THE EMAILS?! Commission blocks access to Copyright Directive emails; Ombudsman complains.
One of the more obscure and curious stories about the Copyright Directive that does not seem to have been picked up on came up at the end...
Age Appropriate Design Code Laid Before Parliament
The ICO's Age Appropriate Design Code has now been laid before Parliament for approval. Once approved, organisations will have 12 months...
Unsupervised Learning: AI's dream = a lawyer's nightmare?
Technological development in the field of machine learning and its real-life application (in speech and image recognition, autonomous...
UK to adopt a temporary soft border with the EU at the end of the Transition Period
In what will be a welcome piece of news for businesses, the UK Government has reportedly dropped plans to introduce a full customs border...
How Key US Oil & Gas Producing Jurisdictions are Responding to the Oil Price Crisis
Baker McKenzie’s North America Energy response team recently surveyed a number of key oil and gas producing jurisdictions across the...
Privacy compliance for connected devices is a challenge - but privacy "nutrition" labels could help
Complying with transparency and security requirements under data protection laws can be a challenge, particularly when it comes to IoT....
Increasing need for business to focus on no-deal prep, but increasing difficulties in doing so
Dame Carolyn Fairbairn, head of the CBI, has stated that any buffers that businesses had built to cope with the additional cost and...
Coronavirus will transform the place for work
Tech often leads the way for new workplace trends. I won't be surprised if more and more companies start offering permanently remote...
US 50 State Shelter-In-Place / Reopening Tracker
Shelter-in-place or stay at home orders have been prevalent throughout the United States since March 2020 as state and local governments...
Platforms and search engines take note - there are just over 4 weeks until the P2B Regulation comes into force.
The Platform to Business Regulation (2019/1150) will come directly into force in the 27 EU member states and the UK from 12 July 2020....
Holiday rental companies feeling the heat from CMA
The UK's consumer regulator (CMA) has obtained a formal commitment from major UK holiday lettings company, Vacation Rentals, that it will...
10 things to check in your telecommuting policy
Worried about the rules for your work from home employees? Here are the top 10 things to include in your remote working policy.
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US employers are rethinking how and where their employees work as a result of COVID-19 and shelter in place orders. Whether your company...…
Will the $600 weekly unemployment boost end July 31? Trump says "yes," but Dems say "no."
A popular provision the Coronavirus Aid, Response and Economic Security (CARES) Act provides employees who qualify for unemployment...
When gaming becomes gambling: strongest signal yet that loot boxes will be regulated in the UK
The UK Government has published its response to the DCMS Report on addictive and immersive technologies. One of the most prominent points...
Sustainability and competition law: so what is allowed?
The positive impact of last month’s announcement that the European Commission will provide agricultural firms with clarifications on how...
Reg BI and Form CRS Compliance Amid C-19 Pandemic Renews Discussion of Paper versus Electronic Delivery
As the June 30 compliance date for Regulation Best Interest and Form CRS approaches, this Bloomberg Law article examines the SEC's...
Public market investors bet on a full fintech recovery
The public markets appear positive that financial technology companies are going to do well coming out of lockdown. Large listed...
US Food Labeling Claims Not Always So Sweet
The Northern District of California is one court in the US that commonly sees food labeling class actions alleging that consumers were...
The dumb reason your AI project will fail
AI is powerful technology, but embedding and operationalizing AI in a business can be challenging.
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Here is a common story of how companies trying to adopt AI fail. They work closely with a promising technology vendor. They invest the...…
Check out our continuing series of video chats on COVID-19 issues for employers
Have you seen our video chats ? Each one is a fifteen-minute (or less) focus on a pressing COVID-19 topic for employers, with...
Saying Too Much or Too Little During Cross-Examination
On Friday, June 5, 2020, the United States Court of Appeals for the Seventh Circuit held oral argument regarding the Government's...
European Commission estimates that COVID-19 will lead to decrease in global trade between 10%-16%
The Commission has published a second report on the impact of COVID-19 on trade in the EU27 (i.e. the EU without the UK).
The...
Reopening – Managing Risks & Returning to Compliant and Productive Operations During the COVID-19 Crisis
Thursday, June 18
2:00–3:00 pm EST
COVID-19 has caused unprecedented disruption to global business operations. Every day, corporate...
Council Progress Report on E-Privacy Regulation
The Croatian Presidency of the Council of the European Union ("Council") has published a progress report on the status of the proposed...
Is Your Compliance Program Up to Snuff? DOJ Issues New Guidance
On June 1, 2020, the Department of Justice issued an update to its Guidance on Evaluating Corporate Compliance Programs.
The...
Commission Competition Consultations Consider Profoundly Problematic Proposals for Platforms
The Commission has now officially published its thinking and proposed approaches ("roadmaps" or "inception impact assessment" in EU...
Clock ticking for UK and EU to agree Brexit extension, while little progress is made on trade talks this week
The fourth round of post-Brexit negotiations began on 2 June. It was reported that both sides came to the table with limited expectations...
Three is the magic number? EU court makes it harder for EU Commission to block ‘4 to 3’ deals
This judgment (annulling the EU Commission's 2016 decision to block Three-O2) is a big one because it’s the first time that an EU court...
PIPEs unblocked
We predicted a resurgence of transactions involving private investments in public equities or PIPEs as they are commonly known - the last...
ESMA publishes cloud outsourcing guidelines
ESMA has published a consultation on cloud outsourcing guidelines which is open until 1 September 2020. ESMA aims to publish the final...
Silence Is Not Golden, It Is Domestic
The US Supreme Court recently ruled in Outokumpu Stainless Steel USA, LLC v Coverteam SAS that the New York Convention does not...
COVID-19 Presents New Challenges for Consumer Product Retailers and Manufacturers
As retailers and manufacturers of consumer products sold in the United States adapt to the business realities of COVID-19, many have...
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