Strengthening OFAC Compliance for Financial Institutions: Avoiding Policy Pitfalls in 2023

As 2023 approaches, compliance with the Office of Foreign Assets Control (OFAC) is becoming a critical priority for financial institutions and businesses subject to its oversight. This is especially true considering the increasingly active role that OFAC is playing in managing financial transactions between U.S. and foreign entities. This enforcement is keyed towards safeguarding national…

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Global Government Regulation Insights: Navigating Compliance in a Shifting Landscape

Compliance professionals worldwide should take note of the latest edition of Compliance Notes from Nossaman’s Government Relations & Regulation Group. This periodic digest touches on an array of legal matters that are pivotal for those maneuvering in the labyrinth of modern corporate regulation. Within the notable headlines, statutory alterations, regulatory adjustments, and court rulings discussed,…

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SEC Adopts New Rules for Private Fund Managers, Echoing EU’s AIFMD Approach

In a recent development, the US Securities and Exchange Commission (SEC) adopted new rules targeting private fund managers. The regulations tackle issues concerning the preferential treatment of investors, a subject previously dealt with by the EU Alternative Investment Fund Managers Directive (AIFMD). Goodwin law firm provides in-depth discussions on these topics. The SEC’s updated guidelines…

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UK Financial Promotions Gateway Goes Live: What Legal Professionals Need to Know

The much-anticipated Financial Promotions Gateway has officially become law. This transition is part of a large-scale alteration currently taking place in the UK’s financial promotions regime. This key change, along with other ongoing revisions, has been discussed in a previous article authored by Bryan Cave Leighton Paisner. As the financial promotions gateway progresses from promise…

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Global Privacy Authorities Unite to Combat Unlawful Data Scraping on Digital Platforms

In recent news, the Privacy Commissioner of Canada, in conjunction with international data protection authorities, has made a collective call to websites and social media platforms, urging them to bolster efforts to protect personal information from unlawful data scratching. This was revealed in a joint statement issued by these authorities. As the cyberspace landscape continues…

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Corp Fin Issues Sample Comment Letter on XBRL Disclosures to Enhance Corporate Reporting Consistency

In a recent development, Corp Fin has issued a sample comment letter to corporations regarding their eXtensible Business Reporting Language (XBRL) disclosures. This move can be seen as an attempt to streamline the process of understanding and maintaining consistency in these specific types of corporate disclosures. For some background, XBRL is the open international standard…

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UK Sanctions Enforcement Intensifies Focused on Russia: Legal Implications and Cross-Border Transactions

In recent weeks, noteworthy developments have showcased the breadth of the UK Government’s capabilities in terms of sanctions-related powers. The changes underline the UK’s mission to demonstrate not only the robustness of its sanctions, but also an enforcement-centered focus. As outlined in an article by Allen & Overy LLP, the UK Government is moving decisively…

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Spinning Innovations into Successful Startups: Insights from 2023 BIO International Convention Panel

As an entrepreneur embarking on your startup journey, it is paramount to understand that transforming innovation into a successful business can be an intimidating ordeal. However, an expert panel at the 2023 BIO International Convention has shown light on the intricate challenges and solutions that can guide you on your way. This esteemed panel comprised…

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EPA Provides Biotechnology Developers Resources on Plant Incorporated Protectants Rule

The U.S. Environmental Protection Agency (EPA) announced on August 4, 2023, its recent efforts to provide resources to biotechnology developers so as to optimize the use of exemptions available under the Plant Incorporated Protectants (PIP) exemption rule. This announcement, with further details documented here, signifies a measure to potentially improve the accessibility and application of…

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Uncovering Compliance Issues: The Growing Importance of Corporate Hotlines

In recent discussions around corporate law and compliance, the hosting of hotlines for identifying compliance issues is attracting significant attention. A thought-provoking article published on JDSupra by the Society of Corporate Compliance and Ethics considers the matter. According to this piece, hotlines serve as a critical tool for uncovering compliance issues alongside a host of…

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EU’s ESG Disclosure Rules Prompt Potential for Global Securities Litigation

Corporations around the globe, particularly those operative within the domain of worldwide investing, may find themselves confronted by a new set of challenges brought about by the EU’s recently implemented environmental, social, and governance (ESG) disclosure rules. These guidelines have been designed to enhance awareness of investors, stakeholders, and securities regulators alike. However, the fragmented…

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Asia-Pacific Legal Firms Bolster Ranks in Key Practice Areas Amid Industry Redistributions

In a strategic move reflecting redistributions within the legal industry, leading international and domestic law firms are strengthening their team formations across Japan, Hong Kong, and Singapore. These recruitments have seen firms enhancing their competencies in core areas such as banking & finance, construction, and dispute resolution. Notably, Angelia Kodama has taken major strides with…

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Evolving Role of Standby Letters of Credit as Preferred Collateral in Commercial Transactions

In the realm of commercial transactions, the role of standby letters of credit has experienced a notable evolution. These documents, once primarily tools to facilitate international commercial transactions involving the sale of goods, have now become a preferred form of collateral in a diverse array of commercial deals. Traditionally, the commercial letter of credit served…

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3M Settles SEC Allegations for $6.5M: A Wake-Up Call on FCPA Compliance and Internal Controls

On August 25, 2023, the Securities and Exchange Commission (“SEC”) accepted an Offer of Settlement from 3M Company (“3M”), an international conglomerate, in response to alleged violations of the Foreign Corrupt Practices Act’s (“FCPA”) books and records and internal accounting control provisions (§§ 13(b)(2)(A) – (B) of the Securities Exchange Act of 1934). 3M did…

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Garrigues Expands Lisbon Office with Criminal Law Practice Under João Lima Cluny

The Spanish law firm, Garrigues, has expanded their team with a new partner in Lisbon. João Lima Cluny, formerly of Morais Leitão, will lead the firm’s criminal law and internal investigations service. Hitherto, such cases in Portugal were handled by Garrigues’s dispute resolution team. The identity of the criminal law and internal investigations practice in…

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Exploring Unconventional Legal Practice: Wolfram & Hart’s Otherworldly Reach and Talent Sourcing

Legal professionals tend to immerse themselves in fact-based realities; operations, regulations, and codes of conduct are all grounded in hard-set truths. Yet, every once in a while, a dip into the world of legal fiction can offer an intriguing perspective on “alternative” legal practice who push the boundaries far beyond what any ethical committee would…

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International Regulators and Growing Unease with AI Data-Scraping Practices

In stark contrast to U.S. norms, international privacy watchdogs have issued calls to social media behemoths to shield their users’ publicly available information from web-scraping, a widely-employed commercial practice in the United States. In other jurisdictions, this can be tantamount to a reportable data breach. These concerns are echoed in Britain, particularly. “Social media companies…

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Evolving US Sanctions on Ethiopia and Eritrea: Implications for International Trade and Human Rights

There have been a number of U.S. sanctions and restrictions sustained on Ethiopia and Eritrea due to their incomplete execution of the peace agreement made with the Tigray People’s Liberation Front in November 2022. The drawn-out contention, marked by repetitive reports of human rights violations in the region, has drawn international attention. While substantial strides…

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NLRB Ruling Expands Section 7 Protections for Statutory Employees Advocating Nonemployee Rights

In a groundbreaking decision issued on August 31, 2023, the Democratic majority of the National Labor Relations Board (NLRB) has broadened the sweep of Section 7 protections under the National Labor Relations Act (NLRA). This now reaches statutory employees who advocate on behalf of nonemployees. This noteworthy development arose from the case, American Federation for…

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Federal Circuit Ruling Jolts Patent Landscape: Reevaluating Terminal Disclaimer Strategies

In a recent ruling, the Federal Circuit took a novel stance that has jolted the patent law landscape, specifically the strategy surrounding terminal disclaimers. In the case titled In re Cellect, a series of patents were invalidated based on obviousness-type double-patenting (ODP). The ruling found that term-adjusted patents (PTA) in the same family are invalid…

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Supreme Court Ruling Bolsters Foreign Award Creditor Rights: Impact on RICO and Arbitration Enforcement

In a significant legal development on June 22, 2023, the Supreme Court issued a 6–3 opinion in the case of Yegiazaryan v. Smagin, establishing that a foreign award creditor can enforce claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) pertaining to the enforcement of an arbitral award granted in the United States read…

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