The U.S. Treasury Department recently signaled that it is close to finalizing new regulations that will apply to investments by non-U.S. investors in U.S. companies, assets, and real estate subject to review under the...more
10/28/2019
/ CFIUS ,
Commerce Control List ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
Export Control Reform (ECR) ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Governments ,
Foreign Investment ,
ITAR ,
National Security ,
NDAA ,
New Regulations ,
New Rules ,
Private Equity ,
Real Estate Transactions ,
State-Owned Enterprises
On October 21, 2019, the Office of the United States Trade Representative (“USTR”) announced the commencement of the process for submitting tariff exclusion requests for imports from China that became subject to 15 percent...more
10/23/2019
/ China ,
Exclusions ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
The 2016 amendments to the TCPA—which created an exemption for calls that are made “solely to collect a debt owed to or guaranteed by the United States”—have inadvertently reshaped the way that TCPA claims are litigated....more
10/18/2019
/ Auto-Dialed Calls ,
Debt Collection ,
Exemptions ,
FCC ,
Financial Services Industry ,
First Amendment ,
Petition for Writ of Certiorari ,
Proposed Rules ,
Robocalling ,
TCPA ,
Telecommunications
After a long wait, the California Attorney General’s (AG) office held a news conference on October 10, 2019, and published proposed regulations implementing the California Consumer Privacy Act (CCPA). Companies gearing up for...more
10/17/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Processors ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Recordkeeping Requirements ,
Request For Information ,
Rulemaking Process
The Northern District of Texas recently dismissed a TCPA claim because “the Complaint nowhere alleges that he was called or texted using an ATDS.” The Court’s opinion emphasized that simply asserting that “the text messages...more
The World Trade Organization (WTO) has approved U.S. duties on $7.5 billion in products from the European Union (EU) after ruling that the EU had unfairly subsidized the production of large civil aircraft, such as those...more
10/4/2019
/ Aircraft Equipment ,
Aviation Industry ,
EU ,
Foreign-Made Goods ,
Imports ,
Member State ,
Retaliatory Tariffs ,
Subsidies ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR ,
WTO
The FCC’s TCPA docket now has two pending petitions for declaratory ruling on the question as to whether outbound telemarketing calls made through soundboard technology are prohibited communications if made without prior...more
On August 27, the US International Trade Commission (USITC) published amended rules and procedures for the preparation and filing of Miscellaneous Tariff Bill (MTB) petitions and public comments. The new rules take effect on...more
On August 20, 2019, the Office of the United States Trade Representative (USTR) published a Federal Register (FR) notice providing the List 4 products that are of Chinese origin and subject to increased tariffs. See 84 FR...more
On August 13, 2019, the Office of the United States Trade Representative (“USTR”) announced a finalized fourth list (List 4) of products from China that will be subject to additional 10% tariffs under Section 301.
These...more
The FCC on August 1 voted to adopt enhanced Truth in Caller ID rules that will subject a broader range of “spoofed” calls to new heftier statutory civil penalty and potentially criminal sanctions for willful and knowing...more
On August 1, 2019, President Trump announced in a tweet that the United States will impose a duty of 10 percent on $300 billion of Chinese imports beginning on September 1, 2019.
As of the issuance of this alert, the...more
Small-scale satellite operations licensed in the United States may soon benefit from a more accessible and flexible authorization framework. The Federal Communications Commission (FCC) last year proposed and is now poised to...more
The Northern District of Illinois recently clarified that a “revocation class” that defines a putative class as those having made “a request to stop calling [their] number” does not satisfy Rule 23(b)(3)’s predominance...more
The U.S. Trade Representative (USTR) has initiated a Section 301 investigation regarding the Digital Services Tax (DST) proposed by the French government, which would impose a three percent additional tax on certain companies...more
7/19/2019
/ Digital Service Providers ,
Digital Services Tax ,
Discrimination ,
France ,
Imports ,
Intellectual Property Protection ,
International Tax Issues ,
Public Comment ,
Request For Information ,
Retaliatory Tariffs ,
Retroactive Taxes ,
Section 301 ,
USTR ,
WTO
The Federal Communications Commission (FCC) took another step closer to establishing a three-year, $100 million Connected Care Pilot program following review of public comments on its prior Notice of Inquiry that previewed...more
Businesses in Texas that own or license computerized data will expect a shortened data breach notification deadline for any breach of sensitive personal information after January 1, 2020. Meanwhile, reporting to state...more
On June 24, 2019, the FCC’s adopted Declaratory Ruling and Third Further Notice of Proposed Rulemaking (“Third FNPRM”) was published in the Federal Register, triggering the commenting period deadlines...more
Effective June 24, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) will add five more Chinese entities, including research institutions, to its prohibited "Entity List." Following closely on the...more
While the FCC has a record open to adopt guidance and a new definition for what it considers as an “automatic telephone dialing system” (ATDS) and related TCPA matters, there appears to be growing consensus on “Robocall”...more
6/24/2019
/ Auto-Dialed Calls ,
Bad Actors ,
Do Not Call List ,
Enforcement Actions ,
FCC ,
Legislative Agendas ,
Proposed Legislation ,
Robocalling ,
Safe Harbors ,
TCPA ,
Telecommunications
By directing voice service providers to deal with “unwanted calls” as part of its anti-robocall policies, the FCC seems to have moved well beyond addressing “illegal and spoofed robocalls.” The text of the FCC’s new “Call...more
6/12/2019
/ Algorithms ,
Call Blocking ,
Declaratory Rulings ,
FCC ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-Outs ,
Robocalling ,
Safe Harbors ,
Spoofing ,
Telecommunications ,
Telephone Service Providers
Voice service providers soon may dictate which calls will reach you. The FCC honed in on “unwanted calls” when it voted at its Open Meeting yesterday to adopt a Declaratory Ruling and Third Further Proposed Rulemaking (the...more
6/7/2019
/ Auto-Dialed Calls ,
Call Blocking ,
Declaratory Rulings ,
FCC ,
Opt-Outs ,
Robocalling ,
Rulemaking Process ,
Spoofing ,
TCPA ,
Telecommunications ,
Telephone Service Providers
President Trump issued an official statement on May 30 announcing the Administration’s intention to impose an additional 5% tariff on all imports from Mexico, effective on June 10, unless the Mexican government takes more...more
6/3/2019
/ Cross-Border Transactions ,
Foreign Relations ,
Immigration Enforcement ,
Immigration Reform ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Mexico ,
Tariffs ,
Trade Relations ,
Trump Administration ,
Undocumented Immigrants ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
For years, the plaintiffs’ bar has crammed thousands of non-forum class members into a single action in order to more easily justify broader discovery requests, and to more quickly aggregate statutory damages. And many...more
The Office of the United States Trade Representative (USTR) on May 21, 2019, published a Federal Register notice that it seeks comments on new forms for parties to submit exclusion requests, in connection with the $200...more