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United States: BIS issues new export controls targeting China’s advanced computing and semiconductor sectors

by , , and 17 Mins Read

On 7 October 2022, the US Commerce Department’s Bureau of Industry and Security issued the much anticipated rules aimed at restricting China’s ability to obtain advanced computing chips, develop and maintain supercomputers, and manufacture advanced semiconductors. In addition to formalizing the licensing requirements included in the recent BIS “is informed” letters issued to certain US companies on related matters, the Rule imposes a wide range of new and enhanced restrictions targeting China’s advanced computing and semiconductor sectors.

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In Antitrust / Competition

United States: This Week in Government Enforcement (Video Chat)

by and 13 Mins Read

Please join us for a weekly series, hosted by Baker McKenzie’s North America Government Enforcement partners Jeffrey Martino and Jerome Tomas.
This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need for your business week.
This week’s discussion will cover the following:
• DOJ’s Scrutiny on Interlocking Directorates spurs Board resignations
• DOJ files its first criminal Section 2 attempted monopolization case in decades

In Antitrust / Competition

United States: Antitrust Division files its first criminal attempted monopolization case in decades

by , and 5 Mins Read

On 19 September 2022, the US Attorney for the District of Montana and the US Department of Justice, Antitrust Division filed a criminal information against and plea agreement with the president and owner of a paving and asphalt company to resolve a charge of attempted monopolization. The company owner pled guilty to engaging in anticompetitive conduct with the intent to gain monopoly power in the markets for highway crack sealing services in Montana and Wyoming by proposing to a competitor that they enter into a market-allocation agreement in which the two companies would stop competing against each other by dividing territories in Montana and Wyoming. The company owner also agreed to pay a fine of USD 27,000.

In Antitrust / Competition

United States: Increased DOJ Scrutiny of Interlocking Directorates Spurs Board Resignations

by , , , and 6 Mins Read

On 19 October 2022, the US Department of Justice’s Antitrust Division announced that seven directors had resigned from their respective corporate board positions in response to concerns of interlocking directorates. This announcement followed reports that DOJ had issued letters to numerous public companies, investors, and individuals last month. The letters reportedly indicated that DOJ was examining potential interlocks and advised the targets of the risk of potential enforcement actions. DOJ’s muscular posture toward enforcement under Section 8 of the Clayton Act is only the “first in a broader review of potentially unlawful interlocking directorates.”

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In Sanctions

US Commerce Department Releases Updated Enforcement Guidance Regarding Antiboycott Violations

by , and 2 Mins Read

On 6 October 2022, the Assistant Secretary for Export Enforcement issued a policy aimed at enhancing enforcement of the antiboycott rules administered by the US Department of Commerce. The following day a final rule came into effect updating Department of Commerce’s guidance on charging and penalty determinations related to violations of the antiboycott provisions of the Export Administration Regulations. The changes are intended to bring penalty determinations in line with the Department of Commerce’s current view of the severity of certain types of antiboycott violations.

In Sanctions

Enhancing the US-UK Sanctions Partnership

by , , , , and 2 Mins Read

On 17 October 2022, OFSI and OFAC issued a joint statement to reiterate the close working relationship between the two agencies, explaining the rationale behind increased OFSI-OFAC co-operation and how this will manifest in practice. The statement follows a technical exchange attended by OFAC and OFSI in London, which concluded on 13 October 2022.

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In Data Privacy

United States: Comparing the Colorado Privacy Act with the California Consumer Privacy Act

by , , and 1 Min Read

Businesses that have implemented measures to comply with the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (CCPA) can leverage some of their existing vendor contract terms, website disclosures and data subject rights response processes to satisfy requirements under the Colorado Privacy Act (CPA). However, the CPA, and the recently published proposed CPA Rules, contain certain unique and prescriptive requirements that may warrant taking a CPA-specific approach to compliance. How the finalized CCPA regulations and CPA Rules look will largely dictate whether companies will need to expand or change the scope of their privacy compliance measures to meet the obligations set forth under both California’s and Colorado’s privacy regimes.

In White Collar Crime

United States: This Week in Government Enforcement (Video Chat)

by and 13 Mins Read

Please join us for a weekly series, hosted by Baker McKenzie’s North America Government Enforcement partners Jeffrey Martino and Jerome Tomas. This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need for your business week. The latest video chat in the series includes a deep dive into DOJ’s focus on consumer fraud, and the SEC crypto touting case against Kim Kardashian.

In Employment

United States: Artificial Intelligence in recruitment and hiring – Checking your blind spots (Video Chat)

by and 2 Mins Read

Companies are turning to artificial intelligence to assist in recruiting and hiring the best talent in this tight labor market. However, there’s substantial corporate oversight in assessing AI threats, while agencies like the Equal Employment Opportunity Commission in the US are closely examining AI for potential bias and other harms. In this Quick Chat video Paul Evans and Brad Newman welcome Stephen Malone of Fox Corporation to discuss blind spots in using AI in recruitment and hiring, and share to practical tips to help employers alleviate these issues. Join us to continue the discussion in-person at Baker McKenzie’s event, A Conversation with Special Guest Speaker EEOC Commissioner Keith Sonderling, taking place 27 October in Palo Alto.

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