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Client Advisory: US Government Ramps Up Actions to Combat Forced Labor

By Meredith Rathbone, Brittany Prelogar & Nicholas Kimbrell

December 1, 2020

The US executive and legislative branches are ratcheting up pressure on companies to address forced labor in their supply chains. The US Department of Homeland Security’s Customs and Border Protection agency (CBP) has in recent months announced a series of Withhold Release Orders (WROs) and a Finding following investigations into forced labor. Additionally, the US House of Representatives has passed two bills that together would impose import bans, sanctions, and strict reporting requirements on activities…

SDNY Blog

SDNY Suspends All In-Person Operations and Appearances Through January 15, 2021

By Charles Michael

November 30, 2020

Chief Judge McMahon’s announcement, issued today and effective tomorrow, is here.…

Cyberblog

340: Henry Kissinger and Michael Daniel on How to be a Cyber Czar

By Stewart Baker

November 30, 2020

https://www.steptoe.com/podcasts/TheCyberlawPodcast-340.mp3 Our interview in this episode is with Michael Daniel, formerly the top cybersecurity adviser in the Obama NSC and currently the CEO of the Cyber Threat Alliance. Michael lays out CTA’s mission. Along the way he also offers advice to the Biden cyber team – drawing in part on the wisdom of Henry Kissinger. In the news roundup, Michael joins Jamil Jaffer and Nate Jones to mull the significance of Bruce Reed’s appointment…

International Compliance Blog

Client Advisory: Sanctions Under the Biden Administration: A Return to ‘Smart?’

By Ed Krauland, Meredith Rathbone, Wendy Wysong, Hena Schommer, Jack Hayes, Nicholas Turner, Peter Jeydel, Evan Abrams, Martin Willner, Nicholas Kimbrell & Jordan Cannon

November 24, 2020

In this advisory, members of our Sanctions and Export Control team provide a preliminary assessment of the expected policy approach of President-elect Biden’s administration to major US sanctions programs, including China and Hong Kong, Russia, Iran, Cuba, Venezuela, Syria, North Korea, and Sudan sanctions programs. While specific steps to be taken will be revealed in due course, it is expected that the Biden administration will take a more nuanced approach to the imposition and implementation…

PURPA and Distributed Energy Resources Blog

FERC’s PURPA Reform Rule: Order No. 872-A’s Few Clarifications and Modifications Continue to Indicate that FERC and the States Will Have Significant Discretion in Implementing PURPA

By Jennifer Key

November 24, 2020

Last week, FERC issued Order No. 872-A, its “further guidance order” on the PURPA Reform Final Rule. Appeals of Order No. 872 are pending at the Ninth Circuit, with the first appeal being held in abeyance until no later than early January 2021. Given the relatively few changes to the Final Rule, this order may close the relevant docket at FERC, for now. Whether some portions of the Final Rule will be remanded or…

Global Trade Policy Blog

The United Kingdom (UK) Steel Safeguard Transition

By Danyal Arnold

November 24, 2020

The European Union (EU) currently has in place a safeguard order against 26 product categories of steel. The EU first adopted a provisional measure in July 2018 and a definitive one in January 2019, the latter having been amended several times. The EU measure places an additional tariff (of 25%) upon the listed steel products where imports exceed a quota (with some country-specific quotas, and other general quotas applicable to other countries). The measure…

Investigations and Enforcement Blog

DOJ Antitrust Division, Korean Prosecution Service Sign MOU

By Patrick Linehan, Rachel Peck & Patricia Cannaday

November 24, 2020

On Wednesday, November 18, 2020, head of the DOJ Antitrust Division, Makan Delrahim, signed a Memorandum of Understanding (MOU) between the DOJ and the Korean Prosecution Service (KPS) that supports increased cooperation between the two agencies in criminal antitrust enforcement and policy development. Delrahim was joined virtually by Prosecutor General Yoon from KPS for the signing ceremony. In his signing ceremony remarks, Delrahim stated: “The Memorandum of Understanding is a shared recognition of the close…

Cyberblog

339: The Privacy and Europocrisy Oversight Board

By Stewart Baker

November 23, 2020

https://www.steptoe.com/podcasts/TheCyberlawPodcast-339.mp3 This is my favorite story of the episode. David Kris covers a report from the Privacy and Civil Liberties Oversight Board on the enormous value that European governments get in fighting terrorism from the same American surveillance programs that European institutions have been fighting for twenty years to shut down. It’s a delightful takedown of European virtue-signaling, and I hope the Biden Administration gives the PCLOB a new name and mission in honor of…

International Compliance Blog

OFAC Issues Updated General License 8G Extending Authorization of Transactions with PdVSA for Five Petroleum Companies

By Cherie Tremaine, Brian Egan & Ed Krauland

November 20, 2020

On November 17, 2020, OFAC issued Venezuela General License 8G, “Authorizing Transactions Involving Petróleos de Venezuela, S.A. (PdVSA) Necessary for the Limited Maintenance of Essential Operations in Venezuela or the Wind Down of Operations in Venezuela for Certain Entities.” General License 8G extends the pre-existing authorization for US persons to engage in certain transactions and activities involving the Venezuelan state-owned oil company PdVSA through June 3, 2021, for Chevron, Halliburton, Schlumberger, Baker Hughes, and…

SDNY Blog

Judge Liman Refuses to Dismiss Complaint Accusing Peloton of Deceptive Advertising for Touting “Ever Growing” Library of Classes

By Michael Keough

November 19, 2020

Last week, Judge Liman allowed certain claims against Peloton to proceed based on allegations that Peloton lured customers with promises of an “ever-growing” library of classes that had in reality been cut in half in the preceding months. Peloton argued that its Terms of Service shielded it from the claim, but Judge Liman disagreed: Defendant argues that because Plaintiffs agreed to these terms when they subscribed to Peloton’s service, Defendant cannot be held liable for…

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Client Advisory: US Government Ramps Up Actions to Combat Forced Labor

SDNY Suspends All In-Person Operations and Appearances Through January 15, 2021

340: Henry Kissinger and Michael Daniel on How to be a Cyber Czar

Client Advisory: Sanctions Under the Biden Administration: A Return to ‘Smart?’

FERC’s PURPA Reform Rule: Order No. 872-A’s Few Clarifications and Modifications Continue to Indicate that FERC and the States Will Have Significant Discretion in Implementing PURPA

The United Kingdom (UK) Steel Safeguard Transition

DOJ Antitrust Division, Korean Prosecution Service Sign MOU

339: The Privacy and Europocrisy Oversight Board

OFAC Issues Updated General License 8G Extending Authorization of Transactions with PdVSA for Five Petroleum Companies

Judge Liman Refuses to Dismiss Complaint Accusing Peloton of Deceptive Advertising for Touting “Ever Growing” Library of Classes

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