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International Trade Law Compass

Will USMCA become a casualty of the US election?

By Joseph W. Rohe, LCB, CCS on August 20, 2019

Though the USMCA has been ratified by Mexico, the trade agreement still faces a vote in Canada and, perhaps more concerning, the US. Under the Trade Promotion Authority (“TPA”), both houses of US Congress must vote in favor of the implementing bill, which is expected to be submitted to Congress after September 1. Submission of the implementing legislation operates to start the 90-day clock for Congressional approval. Accordingly and assuming the implementing bill is submitted…

Delaware Intellectual Property Litigation

Chief Judge Stark Denies Plaintiff’s Motion for Preliminary Injunction in Patent Infringement and Lanham Act Action

By Gregory B. Williams on August 20, 2019

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Citrix Systems, Inc. v. Workspot, Inc., Civil Action No. 18-588-LPS (D.Del. August 16, 2019), the Court denied the motion for preliminary injunction sought by plaintiff, Citrix Systems, Inc. In its complaint, Citrix asserted claims of infringement of U.S. Patent Nos. 7,949,677 (“the ‘677 patent”), 8,341,732 (“the ‘732 patent”), 7,594,018 (“the ‘018 patent”), and 8,135,843 (“the ‘843 patent”). Id. at *1. Citrix moved for a…

Privacy Compliance & Data Security

Ireland, Poland Offer Guidance on Data Breach Response Under GDPR

By Odia Kagan on August 19, 2019

The Irish Data Protection Commission and Polish Data Protection Authority have issued guidance on data breach notification under GDPR in which they address the following questions, and more: When do you “become aware” of a data breach? What should a data breach notification include? How do you communicate a data breach notification? The guidance offers plenty of actionable advice. Read my detailed analysis.…

Privacy Compliance & Data Security

How to Count to 30: UK ICO Sets Timeline for Responding to Data Subject Requests

By Odia Kagan on August 19, 2019

Following a decision from the Court of Justice of the EU, the UK Information Commissioner’s Office changed its guidance on how to calculate the GDPR 30-day time limit for data subject requests. Per the ICO: “You should calculate the time limit from the day you receive the request (whether it is a working day or not) until the corresponding calendar date in the next month. Example An organisation receives a request on 3 September. The…

Privacy Compliance & Data Security

Researchers: Most Cookie Consent Notices Are Not GDPR Compliant

By Odia Kagan on August 19, 2019

“Given the legal requirements for explicit, informed consent, it is obvious that the vast majority of cookie consent notices are not compliant with European privacy law – researchers at the University of Michigan have found.” “If given a choice, just 0.1 percent of site visitors would freely choose to enable all cookie categories/vendors — i.e. when not being forced to do so by a lack of choice or via nudging with manipulative dark patterns (such…

Privacy Compliance & Data Security

Legislation Would Give Consumers Ability to File Lawsuits Against Major Credit Reporting Agencies Over Data Breaches

By Odia Kagan on August 16, 2019

Rep. Katie Porter (D-Calif.) is preparing to take on the largest credit reporting bureaus with a data security proposal that would give consumers the right to sue after data breaches. Porter’s bill would amend the Fair Credit Reporting Act (FCRA) to include a reasonable data security standard for credit reporting agencies… as well as other entities subject to the law. Establishing that requirement would give consumers the ability to sue using the FCRA’s existing private…

Privacy Compliance & Data Security

US Senators Raise Concerns About EdTech Data Privacy

By Odia Kagan on August 16, 2019

“U.S. Senators Dick Durbin (D-IL), Ed Markey (D-MA), and Richard Blumenthal (D-CT) today sent letters to numerous education technology (EdTech) companies inquiring about data collection practices on American students. The Senators raised concerns that the learning tools used by these companies could pose a serious risk to students, parents, and educational institutions as a result of the potential for massive amounts of personal information to be stolen, collected, or sold without their permission or knowledge.…

Current Developments in Business and International Taxation

Participation Exemption Temporary Regulations Issued By Treasury and Internal Revenue Service: Simply “Extraordinary”!!!

By Jerald David August on August 16, 2019

By Jerald David August, Chair, International Taxation and Wealth Planning Group The government recently issued temporary regulations under section 245A which provides a 100% dividends received deduction (DRD) for certain dividends received by a US corporation from a current for former controlled foreign corporation (CFC) defined in section 957. The provision is frequently referred to as the participation exemption which many countries have already had in place with respect to their domestic corporations in investing…

Franchise Law Update

Negotiating Supplier and Distributor Agreements (Reports from the IFA Legal)

By A. Binford Minter on August 16, 2019

The first step in creating or renegotiating a supply chain is understanding its component parts, and the roles each part plays: Producers, Manufacturers, Distributors, Retailers, and Consumers. These roles are not exclusive. For instance, the producer of a raw good, such as milk or software code, may also be the manufacturer of the finished good or service (in either case or collectively, a “supplier”), and manufacturers often handle distribution themselves, especially if the franchisor is…

Pay or Play

Phillie Phanatic Could Become a “Free Agent” in 2020

By Conrad B. Wilton on August 15, 2019

Currently standing nine games back of the Atlanta Braves in the National League East and vying for a National League Wild Card spot, the last thing the Phillies need is to have to fight to keep its most valuable player on the team. I am not talking about Bryce Harper (who has largely underperformed this year given his mega 13-year $330 million contract signed this past offseason). Rather, I am talking about the one personality…

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Fox Rothschild LLP Blogs

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Will USMCA become a casualty of the US election?

Chief Judge Stark Denies Plaintiff’s Motion for Preliminary Injunction in Patent Infringement and Lanham Act Action

Ireland, Poland Offer Guidance on Data Breach Response Under GDPR

How to Count to 30: UK ICO Sets Timeline for Responding to Data Subject Requests

Researchers: Most Cookie Consent Notices Are Not GDPR Compliant

Legislation Would Give Consumers Ability to File Lawsuits Against Major Credit Reporting Agencies Over Data Breaches

US Senators Raise Concerns About EdTech Data Privacy

Participation Exemption Temporary Regulations Issued By Treasury and Internal Revenue Service: Simply “Extraordinary”!!!

Negotiating Supplier and Distributor Agreements (Reports from the IFA Legal)

Phillie Phanatic Could Become a “Free Agent” in 2020

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