Monthly archive

November 2018 - page 2

Posted on in Cybersecurity/Government/Technology

The Effects of China’s New Cybersecurity Law on Multinational Companies

By Mingmei Zhu  China’s Cybersecurity Law became effective on June 1, 2017. It subjects multinational companies to liability or penalty if they endanger China’s network security and personal information. Multinational companies have to comply with certain requirements under the Law, though the Law is unclear in some aspects and should be interpreted in more detail.… Keep Reading

Posted on in Business Organizations/Government

New Chinese Court Decision Recognizing American Judgements Will Have Limited Precedential Effect

By Li Zhongheng The well-established trading relationship between China and the U.S. comes with its fair share of legal disputes. Traditionally, the judgments of American courts have not been enforced in China. However, on June 30, 2017, a Chinese local court issued a court order recognizing and enforcing an American civil money judgment. This decision… Keep Reading

Posted on in Manufacturing/Trade

A Message to the Washing Machine Industry: Don’t Get too Excited About the Revival of Safeguard Measures

By Joo Yun Oh Introduction On January 23, President Donald Trump announced a steep tariff on solar cells and washing machines.[1] His decision is based on a long-forgotten law, Section 201 of the Trade Act of 1974, also called as the “safeguard law.” According to the safeguard law, a company can ask for a protection… Keep Reading

Posted on in Finance/Real Estate/Technology

Blockchain Brick and Mortar: How Cryptocurrency ICO’s Will Revolutionize Real Estate Development

By Kevin M. Conway Introduction Real estate has always been, by its essence, a local endeavor.  The financing of real estate has likewise traditionally been tied to asset location.  But with blockchain technology providing nearly costless transactions and instantaneous access to global capital markets through Initial Coin Offerings (“ICOs”),[1]real estate developers are poised to benefit… Keep Reading

Posted on in Business Organizations/Employment/Government/Public Policy

The Ban that Opened Pandora’s Box: The Impact of “Ban the Box” Ordinances on Employers Nationwide

By Gabriel Mendoza Introduction “Check here if you have a felony conviction.”[1] “Check if you’ve ever been arrested.”[2] “[Check] if you have a criminal record.”[3] Effective January 1, 2018, California joined nine other states—as well as the District of Columbia and thirty U.S. cities and counties—in mandating that both public and private employers remove questions… Keep Reading

Posted on in Government

Changes to Trademark Registration in the U.S. After Matal v. Tam

By Yungchao Song  Background on Matal v. Tam In 2006, Simon Shiao Tam, an Asian American, founded an all-Asian rock band named “The Slants.” In 2011, he applied to register “The Slants” as a trademark with the Patent and Trademark Office (“PTO”). The PTO denied the application because the mark “The Slants,” as used for… Keep Reading

Posted on in Finance/Government

Department of Labor’s Fiduciary Rule and Impact on the Financial Industry

By Kevin Moore Background While the Department of Labor’s (“DOL”) well-intentioned adoption of the fiduciary rule for financial professionals arguably protects consumers, the Department’s altruistic motive will do more harm than good by hindering an unsophisticated consumer’s ability to receive adequate financial planning advice. The DOL’s action widens the definition of “investment advice fiduciary” under… Keep Reading

Posted on in Business Organizations/Government/Technology

The European Union’s General Data Protection Regulation: What Practitioners and U.S. Companies Need to Know About this New Regulation

By Krista Fonseca In order to ensure that U.S. companies maintain a competitive advantage in the European Union markets U.S. companies must comply with the GDPR and any special derogations that a Member State has enacted. Introduction The European Union’s General Data Protection Regulation (GDPR) will be applicable as of May 25, 2018.[1] The GDPR… Keep Reading

Posted on in Finance/Government/Tax

Subchapter Z of the Tax Cut and Jobs Act of 2017: Leveraging Growth Economics for Profit

By Claudia Lin The Tax Cut and Jobs Act of 2017 provided for the creation of opportunity zones, intended to stimulate the economy in low-income areas. The Act provides financiers and entrepreneurs with significant incentives to invest in qualified zones. Introduction With 52.3 million Americans living in economically distressed communities and 84.8 million living in… Keep Reading

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