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  Have the Chinese hired American lawyers to vet their cyberespionage tactics – or just someone who cares about opsec? Probably the latter, and if you’re wondering why China would suddenly care about opsec, look no further than Supermicro’s announcement that it will be leaving China after a Bloomberg story claiming that the company’s supply chain was compromised by Chinese actors. Nick Weaver, Joel Brenner, and I doubt the Bloomberg story, but it…
On April 25, 2019, OFAC announced that Haverly Systems, Inc. (“Haverly”), a New Jersey software company, had agreed to pay $75,375 to settle apparent violations from 2014 related to Haverly’s collection of payments from JSC Rosneft (“Rosneft”), a Russian oil major on OFAC’s Sectoral Sanctions Identifications (“SSI”) list. The key issue was OFAC’s finding that Haverly accepted the payments from Rosneft outside of the then-applicable 90-day window and thereby dealt in the restricted “new debt”…
In a complaint filed yesterday, President Trump, his children, and entities related to Trump family businesses sued two financial institutions to prevent them from responding to recent subpoenas issued by the House Permanent Select Committee on Intelligence and the House Financial Services Committee.  The subpoenas seek banking and financial records related to Trump family businesses;  according to the complaint, “the subpoenas were issued to harass President Donald J. Trump, to rummage through every aspect of…
On April 29, blockchain took over the Cyberlaw Podcast once again with Alan Cohn, Gary Goldsholle, Will Turner, and guest speaker, Jeff Bandman, covering all things blockchain and cryptocurrency. We dove right into the recent activity from the SEC, namely, the Framework for “Investment Contract” Analysis of Digital Assets and the No-Action Letter issued to TurnKey Jet, Inc. (TurnKey) for a digital token.…
  On Episode 261, blockchain takes over the podcast again. We dive right into the recent activity from the SEC, namely, the Framework for “Investment Contract” Analysis of Digital Assets and the No-Action Letter issued to TurnKey Jet, Inc. (TurnKey) for a digital token. Gary Goldsholle noted this guidance has been eagerly anticipated since July 2017 when the SEC first applied the Howey Test to a digital token with the DAO report. The current…
“We hold only that where a utility uses energy from a QF to meet a state RPS, the avoided cost must be based on the sources that the utility could rely upon to meet the RPS.” Californians for Renewable Energy v. CPUC (CARE) Wow! This ruling is now binding within the Ninth Circuit and could have ripple effects throughout the country. In 2010, in CPUC v. SCE, FERC reversed several decades of…
Next week, blockchain is taking over The Cyberlaw Podcast once again. On April 29, Steptoe partners Alan Cohn, Gary Goldsholle, and Will Turner will reconvene to discuss the latest in blockchain and cryptocurrency regulation. At the top of the list is the suite of updates coming out of the U.S. Securities and Exchange Commission, including the Framework for “Investment Contract” Analysis of Digital Assets and a No-Action Letter regarding TurnKey Jet, Inc. We’ll…
Beginning May 1, 2019, Israeli citizens may apply for E-2, investor, visas. This long-awaited US immigration option for Israelis is the culmination of lengthy efforts by both the United States and Israel toward the goal of reciprocal US/Israeli investor visa options. This treaty-based, temporary, category creates options for Israelis to make business investments in the US in any industry and operate the businesses developed through investment. The new visa option is a welcomed development for…
On April 11, 2019, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) added 50 names to the Unverified List (UVL) (of which 37 are located in China and 6 in Hong Kong), while also removing 10 names.  The UVL list is found at Supplement No. 6 to Part 744 of the U.S. Export Administration Regulations (EAR).  BIS said that it added these 50 names “on the basis that BIS could not verify their bona…
Secretary of State Mike Pompeo’s announcement yesterday that the U.S. Government will not renew any of the significant reduction exemptions (SREs), previously granted to eight countries under Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA), could significantly impair Iran’s ability to conduct international trade.  If fully implemented, this move would create a new, high level of risk for those engaging in continued trade in oil and related products with Iran.…