A Trade War on Two Fronts: U.S. Considers More Tariffs on European Goods
Opening Salvos: The Proposed Tariffs On June 26, 2020, the U.S. Trade Representative (USTR) published a notice that it is considering new tariffs on exports such as olives, coffee, beer, gin, and...
View ArticleExport Control HR Pitfalls To Avoid When Hiring
Hiring employees does not usually call to mind international trade compliance obligations. However, together U.S. export controls and anti-discrimination laws create a web that is overlooked or...
View ArticleLend Me Your EARs: CFIUS Makes Export Controls a Trigger for Mandatory Filings
On October 15, 2020, CFIUS will officially tie mandatory filings to U.S. export control regimes, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations...
View ArticleThe Next Four Years in International Business
Over the past few weeks, we have been speculating on the international trends and tides we expect to see in the next four years under a new U.S. presidential administration. So that you can enjoy our...
View ArticlePaycheck Protection Program: SBA Issues Guidance on First Draw and Second...
On January 6, 2020, the SBA published its 26th Interim Final Rule (the First Draw PPP IFR) and 27th Interim Final Rule (the Second Draw PPP IFR)[1] with respect to the Paycheck Protection Program...
View ArticleUSTR Suspends Tariffs on Certain French Luxury Goods: A Potential Shift in...
Key Takeaways: Threatened 25% tariffs on French luxury goods are suspended. USTR is still looking at tariffs in retaliation for taxes on U.S. global tech companies. Biden’s new USTR will face immense...
View ArticleU.S. Embassy in Paris Substantially Limits the Eligibility of National...
On March 3, 2021, the U.S. Embassy to France announced significant changes in the criteria for granting “National Interest Exemptions” (“NIE waiver”) to certain foreign travelers coming to the United...
View ArticleThe New Anti-Money Laundering Act of 2020 and Potential Effects on Foreign...
On January 2, 2021 the National Defense Authorization Act (“NDAA”) became law. Importantly, the NDAA included sweeping legislative reforms to anti-money laundering (“AML”) laws, which are now codified...
View ArticleFrances’s Chevalier of the National Order of the Legion d’Honneur Awarded to...
Sheppard Mullin congratulates Seema Hingorani on her award of France’s Chevalier of the National Order of the Legion d’honneur. The Order of Légion d’Honneur is the highest order of merit for military...
View ArticleVisas and Immigration in 2021 Under the Biden Administration
The Biden Administration took office on January 20, 2021. Many executive orders have been executed since that date, some of which directly change the manner of handling immigration matters. However,...
View ArticleNavigating the Travel Ban Jungle: National Interest Exception Checklist for...
The travel bans imposed by the U.S. Government during the COVID-19 national pandemic created enormous logistical challenges for anyone seeking to fly to the U.S. from a country on the travel ban list....
View ArticleNIE’s Now Good for 1 Year, More on Navigating the Travel Ban Jungle: National...
On July 6, 2021 the U.S. State Department publicly announced that the travel ban waivers related to the world-wide pandemic will now be good for 1 year and multiple entry. The effective date of this...
View ArticleSEC’s French Order is First Ever Substituted Compliance Determination in...
On July 26, 2021, the SEC announced the approval of a substituted compliance determination order with respect to security-based swap dealers and major security-based swap participants (SBS Entities)...
View ArticleThe Second Circuit Court of Appeals Finds That French Banker Need Not Travel...
On August 5, 2021, the U.S. Court of Appeals for the Second Circuit ruled that a French banker may seek dismissal of an indictment without having to physically appear in the United States. The...
View ArticleDoes Your Trade Policy Support Your Company’s Values?
If your company is like many, your board of directors may be demanding that you put more effort into environmental, social, and governance issues, which have become known by the now-ubiquitous acronym...
View ArticleSheppard Mullin Travel Checklist ‒ New Vaccination Travel Restrictions for...
Prior COVID-19 Travel Bans Repealed as of November 8, 2021 On October 25, 2021, President Biden announced the suspension of the COVID-19 travel bans from Brazil, China, India, Iran, Ireland, the...
View ArticleFinCEN Issues Notice of Proposed Rulemaking for Corporate Transparency Act
FinCEN has issued a notice of proposed rulemaking (NPRM) regarding how the agency is planning to implement the Corporate Transparency Act (CTA). The NPRM came out on December 8, 2021, accompanied by...
View ArticleAnnual H-1B Visa Lottery Will Open on March 1, 2022
For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner. The electronic H-1B lottery application window...
View ArticleBuy America Provisions in the Infrastructure Bill: What this Means for...
The Infrastructure Investment and Jobs Act, commonly referred to as the Bipartisan Infrastructure Bill, passed on November 15, 2021. Included in the $1.2 trillion spending package are expansions to...
View ArticleU.S. Visas for Ukrainians and Russians: Navigating the Maze
When the Russian army entered Ukraine on February 24, 2022, that set in motion panic for family and friends in the U.S. and the need to quickly explore visa options for their loved ones in the Ukraine,...
View ArticleNegative Option Practices Under Increased Scrutiny in the US
Retailers and service providers with US business operations should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or...
View ArticleForeign-owned companies operating in the United States must file a 5 year...
The Bureau of Economic Analysis (“BEA”) of the U.S. Department of Commerce, which conducts a series of mandatory surveys on foreign investments in the U.S., has recently published Form BE-12, its...
View ArticleThe After Effects of the Music Modernization Act in the Digital Streaming Sphere
The Orrin G. Hatch–Bob Goodlatte Music Modernization Act, or Music Modernization Act (“MMA”), signed into law on October 11, 2018, has transformed the music streaming industry in the years since its...
View ArticleThe EU Foreign Subsidies Regulation: New Rules for All Companies Active in...
On 12 July 2023, the new EU Foreign Subsidies Regulation (“FSR”) started applying to all non-EU and EU companies and all sectors of the economy. FSR filled a regulatory gap which existed since 1958....
View ArticleBeyond Borders: Global Corporate PPA Outlook
While 2022 saw record commitments to renewable generation by commercial and industrial customers in the U.S., agreements with C&I customers in 2023 were affected by federal investigations into...
View ArticleThe Corporate Transparency Act and Foreign Entities: What You Need to Know...
On January 1, 2024, the Corporate Transparency Act (the “CTA”) became effective. For the first time, all US and foreign entities that are determined to qualify as “reporting companies” will be...
View ArticleWalking the Tightrope: EU’s Sanctions Enforcement Directive Puts Violators on...
In a bold move to tighten its sanctions enforcement, the EU rolled out Directive 2024/1226, establishing minimum rules for defining criminal offenses and penalties related to the violation of EU...
View ArticleTreasury Department Proposes to Sharpen the Teeth of CFIUS Enforcement
Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction...
View ArticleE(U)xterritoriality of EU Sanctions: The No Russia Clause
The EU is going extraterritorial, and it is doing so through private contract. It is a pretty neat trick. As a general rule, EU regulations do not apply extraterritorially. This policy is a bit...
View ArticleData, Deals, and Diplomacy: How the Bulk Data Executive Order Will Shape...
For companies in the U.S. that hold certain personal data and U.S. Government-related data, rules stemming from recent Executive Order (“EO”) 14117 on “Preventing Access to Americans’ Bulk Sensitive...
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