Latin American Blog

Legal Issues Affecting the Hispanic Latino Market & Hispanic Latino Companies

December 17, 2020

Over the past few weeks, we have been speculating on the international trends and tides we expect to see in the next four years under a new U.S. presidential administration. So that you can enjoy our prognostications (before our program gets greenlighted as a Netflix special) we provide here: A recording of our webinar, entitled “The Four Years in International Business Webinar” (for those playing along at home, see if you can spot…

Latin American Blog

California’s Deadline is Fast Approaching: Employers Must Complete Harassment Prevention Training for English and Spanish-Speaking Workforces by Year’s End

By Matthew Sonne

November 12, 2020

Since 2005, California employers with 50 or more employees were required to provide at least 2 hours of sexual harassment training every 2 years to each supervisory employee, and to new supervisory employees within 6 months of their assumption of a supervisory position. However, all employers may not yet know that the California anti-harassment training requirements were significantly expanded by the California legislature (SB 1343 and SB 788 – to read the prior article, click here…

Latin American Blog

Brazil’s Comprehensive Privacy Law Now in Effect

By Julia Kadish & Liisa Thomas

November 5, 2020

Following lots of legislative uncertainty, Brazil has now formally enacted the country’s first general data protection law, Lei Geral de Proteção de Dados, or “LGPD.” While administrative sanctions do not go into effect until August 1, 2021, individuals and public prosecutors can now bring claims for losses and damages. Indeed, at least one public civil action has already been filed. LGPD is the first comprehensive general data protection law in Latin America. It was modeled…

Latin American Blog

Export Control HR Pitfalls To Avoid When Hiring

By Lisa Mays, Greg Berk & Reid Whitten

September 17, 2020

Hiring employees does not usually call to mind international trade compliance obligations. However, together U.S. export controls and anti-discrimination laws create a web that is overlooked or misunderstood by many types of employers of all sizes across many industries. Anti-discrimination laws prohibit unlawful citizenship status restrictions when hiring, and U.S. export controls prohibit disclosing controlled information to foreign nationals without authorization. Together, these laws limit acceptable job descriptions and hiring practices.…

Latin American Blog

What Does the Supreme Court DACA Decision Mean for DACA Employers and Employees?

By Greg Berk & Jonathan E. Meyer

June 26, 2020

Court Decision On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act (APA) because it was implemented without the required Notice and Comment and without publication of a final rule that articulates the reasonable basis for the agency’s actions. As such, the Court ruled that DHS’s action was arbitrary and…

Latin American Blog

IRS Provides Some Relief to Offset COVID-19 Related Travel Restrictions

By Judith Fiorini

June 24, 2020

Relief on Substantial Presence and Treaty Day-Count Tests. On May 30th, the IRS issued Revenue Procedure 2020-20 which provides non-U.S. individuals present in the U.S. some limited relief from the day-count tests for U.S. tax residency and for eligibility for certain treaty benefits. The relief comes in the form of the “COVID-19 Medical Condition Travel Exception”. The name of the exception is a misnomer because individuals need not have had any medical condition (including the…

Latin American Blog

How the New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company

By Greg Berk, Jonathan E. Meyer, Sarah Aberg, Karl Buhler & Bochan Kim

June 23, 2020

Presidential Proclamation On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant visas. The new visa ban expands the restrictions to certain non-immigrant categories.…

Latin American Blog

Main Street Loan Program – US Subsidiaries of Foreign Companies Can Apply

By Valérie Demont

June 17, 2020

The US Federal Reserve has confirmed in its Main Street Loans frequently-asked-questions-faqs about the Main Street lending program (the “FAQ”) that US subsidiaries of foreign companies can be eligible borrowers under the various loans available under the program so long as they otherwise meet the other conditions to eligibility for the loans.…

Latin American Blog

Special Edition Newsletter – Legal Impact of COVID-19 in Mexico ABA – Section of International Law – Mexico Committee

By Laura Nava

June 11, 2020

On May 22, 2020, the Mexico Committee of the ABA – Section of International Law published a Special Edition Newsletter regarding the Legal Impact of COVID-19 in Mexico. As the Co-Chair of the Mexico Committee of the ABA – Section of International Law, I worked with the ABA Mexico Committee to get this publication out in a timely manner. The intention for this special edition is to serve as a resource that provides a general…

Latin American Blog

The United States-Mexico-Canada Agreement – Paving the Way for a Cross-Border Fintech Sandbox

By Curtis Dombek & Emilio Cazares

May 27, 2020

Key Takeaways The United States-Mexico-Canada Agreement (USMCA) provides for financial and digital trade regulations that harmonize the treatment of fintech companies. North American companies leveraging digital assets for payments should consider strategic regional opportunities available under the new USMCA fintech Framework. The USMCA Parties (member countries) continue to license fintech companies using cryptocurrency and create regulatory sandboxes to incentivize experimentation with the new technology under relaxed regulatory conditions.…

Latin American Blog

Legal Issues Affecting the Hispanic Latino Market & Hispanic Latino Companies

Blog Authors

The Next Four Years in International Business

California’s Deadline is Fast Approaching: Employers Must Complete Harassment Prevention Training for English and Spanish-Speaking Workforces by Year’s End

Brazil’s Comprehensive Privacy Law Now in Effect

Export Control HR Pitfalls To Avoid When Hiring

What Does the Supreme Court DACA Decision Mean for DACA Employers and Employees?

IRS Provides Some Relief to Offset COVID-19 Related Travel Restrictions

How the New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company

Main Street Loan Program – US Subsidiaries of Foreign Companies Can Apply

Special Edition Newsletter – Legal Impact of COVID-19 in Mexico ABA – Section of International Law – Mexico Committee

The United States-Mexico-Canada Agreement – Paving the Way for a Cross-Border Fintech Sandbox

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