In merger procedures, it is a fundamental requirement for parties to provide accurate and complete information to the European Commission as it forms the basis of the Commission’s assessment of mergers. Under the EU Merger Regulation (EUMR), the European Commission
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Export Controls and Sanctions Converge: New BIS Restrictions on SDNs
On March 21, 2024, the Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a final rule under the U.S. Export Administration Regulations (“EAR”) that imposes new export controls on certain individuals and entities identified on the U.S. Department
Federal Court Finds Corporate Transparency Act Unconstitutional: Navigating Implications for Reporting Companies
On March 1, 2024, the federal district court in the Northern District of Alabama declared in the case of National Small Business United v. Yellen that the Corporate Transparency Act (“CTA”) exceeds the Constitution’s limits on Congress’s power. The court
Biden Administration to Implement New National Security Rules Targeting Personal Data
On February 28, 2024, the Biden administration announced the creation of a new national security regulatory regime that will prohibit or restrict certain transactions involving bulk sensitive US personal data or government-related data and specified “countries of concern.” The Biden
The EU’s New Market Definition Notice
After a lengthy period of consultation, the European Commission has adopted a new Notice (‘Notice’) on the definition of the relevant market for purposes of EU competition law. The Notice comes on the heels of a significant period of updating
In First of Its Kind Action, Commerce Moves to Regulate Foreign Tech in Vehicles
In a first of its kind action, the US Department of Commerce has begun a rulemaking process to prohibit or impose conditions on certain transactions involving foreign technology used in so-called “connected vehicles” or “CVs,” as defined below for automotive
Disruptive Technology Strike Force: Year in Review
On February 16, 2023, almost one year after the onset of Russia’s full-scale invasion of Ukraine and among increasing scrutiny of broader geopolitical threats to US supply chains, the US Department of Commerce’s Bureau of Industry and Security (BIS) and
Community Renewable Generators: Wholesale Power Sales Versus Net Energy Metering
A Proposed Decision issued by Administrative Law Judges Debbie Chiv and Kelly A. Hyme of the Public Utilities Commission of California rejects a fundamental tenet of many community renewable (CR) programs. That tenet is that wholesale power sales can be
Copyright Infringement Lawsuits Against OpenAI and Microsoft Are Mounting
In two complaints filed last week, The Intercept Media, Inc, Raw Story Media, Inc. and AlterNet Media, Inc. became the latest companies to sue OpenAI for copyright infringement in violation of the Digital Millennium Copyright Act. The Intercept also included
OFSI Publishes Expanded Guidance on Financial Sanctions Licensing Process and Principles
On February 27, 2024, HM Treasury’s Office of Financial Sanctions Implementation (“OFSI”) published a number of guidance documents on financial sanctions licensing addressing the process of applying for a licence, as well as the principles applied when making licensing