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OFAC Issues Venezuela General License 8G Extending Authorization of Certain Transactions for U.S. Oil & Gas Companies

By Cortney Morgan, Grant Leach & Camron Greer

November 25, 2020

Shore crane lifts container during cargo operation in port

The U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) issued General License 8G (“GL 8G”), which authorizes five (5) U.S. oil and gas companies to engage in transactions “ordinarily incident and necessary to the limited maintenance of essential operations, contracts or other agreements”, as well as transactions necessary to the wind down of operations in Venezuela involving Petroleos de Venezuela, S.A. (“PdVSA”) or any entity which PdVSA owns a 50% or greater interest…

International Trade Insights

BIS Amends EAR to Implement Export Enforcement Provisions of Export Control Reform Act

By Cortney Morgan, Grant Leach & Camron Greer

November 25, 2020

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) recently issued a final rule, effective November 18, 2020, which revises certain provisions of the Export Administration Regulations (“EAR”) to implement enforcement provisions pursuant to the Export Control Reform Act of 2018 (“ECRA”), which expanded the export control authorities available to the Secretary of Commerce. BIS also amended the EAR with respect to the issuance of licenses and denial orders and the payment…

Association Alert

Condo and HOA Virtual/ZOOM Meetings in Wisconsin – How Legal Are They?

By Daniel Miske

November 24, 2020

Most condominiums and homeowner associations (HOAs) are nonstock corporations under Wisconsin Chapter 181. As such their members can make decisions one of three ways: Holding a meeting; Action by written consent (181.0704 Wis. Stat.). This may be used unless “limited or otherwise provided in the articles of incorporation or bylaws…” For an association to act by written consent, the action must be “approved by members holding at least 80 percent of the…

Byte Back

Analyzing the Draft Standard Contractual Clauses

By David Stauss

November 22, 2020

Keypoint: Once finalized, US entities can use the new Standard Contractual Clauses to legally transfer data out of the EEA when combined with appropriate supplementary measures. As discussed in our prior post, on November 12, 2020, the European Commission published a draft implementing decision on standard contractual clauses (SCCs) for the transfer of personal data to third countries and draft standard contractual clauses. Once finalized, the SCCs will replace the existing SCCs for…

Safety Law Matters

Michigan establishes state requirements for employers to protect against COVID-19

By Avi Meyerstein

November 19, 2020

Michigan recently joined the growing list of states creating temporary emergency rules that require employers to take certain steps to protect their workforces against COVID-19. The rules by the Michigan Occupational Safety and Health Administration (MIOSH) will remain in effect for at least six months starting October 14, 2020.…

Association Alert

Self-Dealing by Director is a Breach of Fiduciary Duty (Case 1)

By Daniel Miske

November 19, 2020

Facts Plaintiff, Coley, owns a home in an HOA, the Eskaton Village (“Association”). Two other Eskaton named entities (“Eskaton”) develop and support HOAs. A five-member board runs the Association, subject to the Declaration. Eskaton has always controlled three of the five directors on the Association Board because it owns 137 of the 267 units. The three directors are always employees of Eskaton and are “financially incentivized to run the Association for the benefit of Eskaton.”…

International Trade Insights

EU Releases New Complaint System to Address Trade Deal Violations and Market Barriers

By Nithya Nagarajan, Turner Kim & Camron Greer

November 18, 2020

On November 16, 2020, the European Commission (“EC”) debuted their new complaints system for stakeholders to report harmful trade barriers and violations to European Union (“EU”) trade agreements. The “Single Entry Point” complaints system allows member states, companies, trade associations, civil society groups and EU citizens to report any market access barriers and non-compliance of Trade and Sustainable Development (“TSD”) commitments which are part of EU trade agreements or under the Generalised Scheme…

International Trade Insights

TikTok Legal Drama Continues to Unfold Across Multiple Courtrooms and Federal Agencies

By Grant Leach, Nithya Nagarajan & Camron Greer

November 17, 2020

The Trump Administration has encountered further setbacks in its efforts to prevent Chinese company ByteDance Ltd. (“ByteDance”) from providing its popular social media app TikTok in the U.S. For background: On August 6, 2020, President Trump issued Executive Order 13942 (“EO 13942”) which: (i) determined that ByteDance’s ownership of TikTok threatened U.S. national security, and (ii) imposed a prohibition which was originally scheduled to go into effect on September 20, 2020, and would have prohibited…

Food & Ag Law Insights

Update on California Proposition 12

By Mark Arnold

November 17, 2020

On October 19, 2019, and December 4, 2019, we blogged about the North American Meat Institute’s challenge to California Proposition 12. Proposition 12 prohibits the sale in California of pork or veal derived from animals confined in conditions that do not comply with the strict California standards. It builds on the previous ban on the sale of eggs discussed in Association des Eleveurs de Canards et d’Oies du Quebec v. Harris, 870 F.3d…

International Trade Insights

Executive Order Prohibits U.S. Persons from Investing in “Communist Chinese Military Companies”

By Grant Leach, Cortney Morgan & Camron Greer

November 16, 2020

President Trump issued an Executive Order (“E.O.”) on November 12, 2020 titled “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The E.O., which will be published in the Federal Register on November 17, 2020 and will take effect on January 11, 2021 at 9:30 eastern standard time, designates thirty one (31) Chinese companies as “Communist Chinese military companies” and prohibits U.S. persons, including U.S. citizens, permanent resident aliens, entities organized under…

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OFAC Issues Venezuela General License 8G Extending Authorization of Certain Transactions for U.S. Oil & Gas Companies

BIS Amends EAR to Implement Export Enforcement Provisions of Export Control Reform Act

Condo and HOA Virtual/ZOOM Meetings in Wisconsin – How Legal Are They?

Analyzing the Draft Standard Contractual Clauses

Michigan establishes state requirements for employers to protect against COVID-19

Self-Dealing by Director is a Breach of Fiduciary Duty (Case 1)

EU Releases New Complaint System to Address Trade Deal Violations and Market Barriers

TikTok Legal Drama Continues to Unfold Across Multiple Courtrooms and Federal Agencies

Update on California Proposition 12

Executive Order Prohibits U.S. Persons from Investing in “Communist Chinese Military Companies”

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