An entity operating in the U.S. needs a U.S. Federal employer identification numbers (“EIN”) in order to open a bank account in the United States, act as an employer, file a tax return and complete certain other corporate tasks. As of May 13, 2019, entities, other than governmental entities, applying for an EIN must list an individual as the responsible party on the application and in some instances must provide that individual’s Social Security number…

Key Takeaways: Emerging technology sectors will soon be subject to new export controls. Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive manufacturing, robotics, brain-machine interface, advanced materials, and surveillance. New export controls on these sectors will likely require companies to obtain a license to export products to China and other destinations, and impose restrictions on sharing information with foreign nationals. These sectors will also be added the list of industries…

Part II: Offer Letters and Background Checks In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (see Part 1 regarding advertising and interviewing for a job). This article is the second and last in a two-part series, which will now discuss sensitive New York laws concerning (1) offer letters and (2) background checks. Drafting an Offer Letter Once an employer has decided to extend…

The French data protection authority CNIL has received 3,767 data protection complaints since EU’s General Data Protection Regulation (GDPR) came into effect on May 25, 2018. According to CNIL this is a 64 percent increase compared to the same four-month period last year. CNIL also reported that it has received 600 data breach notifications during the same period. CNIL is in the process of developing new French regulatory tools under GDPR. It has already developed…

French data protection authority CNIL has issued a fine against company Assistance Centre d’Appel related to the use of biometric technology in the workplace. During an audit at the end of 2016, CNIL found that the company was using fingerprint timeclocks to track employee hours without prior authorization from CNIL as required by the French Data Protection Act. In France, an employer may not use biometric data to monitor employees’ hours absent prior approval from…

On October 10, 2018, the Committee on Foreign Investment in the United States put into effect the first mandatory filing requirement ever imposed by CFIUS. The Department of Treasury’s summary of the Pilot Program is available here. Effective November 10, 2018, CFIUS will require reviews of critical technology investments – including certain non-controlling investments – from any country. A failure to file notice or a new short form declaration to CFIUS may result in…

Part I: Advertising and Interviewing Foreign companies expanding their operations to the U.S. through New York usually handle their U.S. hiring process like the way they do back in their home country. They should not. While many states place restrictions on the hiring process, New York offers extensive and singular protection to prospective employees whose content and scope is not necessarily in the mind of all U.S. employers; foreign-based ones should, therefore, be even more careful. From…