Duane Morris is hosting the Data Privacy and Security Landscape: Legal Developments in the United States and Beyond Webinar Series. The first session, “Understanding Virginia’s Consumer Data Protection Act,” takes place May 25, 2021, at 12:30 p.m. Eastern.
For more information and to register, please visit the event website.
Over two years after hearing oral arguments, the Eleventh Circuit Court of Appeals finally issued an opinion in Gil v. Winn-Dixie, Case No. 17-13467, overturning the Florida federal district court’s finding that the grocery store chain violated Title III of the Americans with Disabilities Act (ADA) by having an inaccessible website. In the 67-page decision, the Court of Appeals held that “websites are not places of public accommodation” under the ADA and that the Winn-Dixie website was not an “intangible barrier” to goods, services, privileges and advantages of Winn-Dixie’s physical stores.
Read the full Alert on the Duane Morris LLP website.
By Hope Krebs, Partner, Duane Morris LLP
This week the Joint Chiefs of Global Tax Enforcement (J5) brought together investigators, cryptocurrency experts and data scientists in a coordinated push to track down individuals and organizations perpetrating tax crimes around the world. The J5 (which is comprised of the Australian Taxation Office (ATO), the Canada Revenue Agency (CRA), the Dutch Fiscal Information and Investigation Service (FIOD), Her Majesty’s Revenue and Customs (HMRC) from the United Kingdom and the U.S. Internal Revenue Service Criminal Investigation Division (IRS-CI)) has been working together since 2018 to gather information, share intelligence and conduct coordinated operations in each country’s fight against transnational tax crime.
The annual meeting (referred to by the J5 as “The Challenge”) was focused this year on Financial Technology (FINtech) companies. In its press release issued March 25 (IR-2021-64), the IRS acknowledged that many FINtech companies have adopted compliance regulations and are partnering with governments and law enforcement in prohibiting financial crime. However, the IRS cautioned that due to the online nature of the products, the novelty and the lack of regulation and compliance in some areas, the FINtech industry can be used by tax avoiders and money launderers to commit crimes.
This year the J5 Challenge was held virtually and split into multiple phases. In the first phase of the Challenge, legal experts from the five countries discussed the fiscal, compliance and criminal options that each country had regarding FINtech companies. During the second phase, the five countries developed a list of specific companies where leads suggested criminal behavior. By the conclusion of the Challenge, the IRS press release stated that each country identified specific companies that will be a part of their investigations.
The IRS press release also touted two successes this month resulting from J5 collaboration – the early-March indictments of the CEO and an associate of Sky Global on charges that they participated in a criminal enterprise that facilitated the transnational importation and distribution of narcotics through the sale and service of encrypted communications devices, followed by the ten-count indictment earlier this week charging Jason Peltz with securities fraud, money laundering, tax evasion and a variety of other offenses.
This appears to be just the beginning of the J5’s coordinated efforts to clamp down on the use of the FINTech industry by those seeking to evade taxes and committing financial crimes. For more on the J5, visit the IRS website.
Over the past decade, the UK has seen foreign direct investment worth three-quarters of a trillion dollars. One of the key elements of the UK government’s strategy for 2021 and beyond must inevitably be to maintain and enhance the UK’s attractiveness as a place to invest and conduct business.
To read the full text of this Duane Morris Alert, please visit the firm website.
We also direct your attention to another Alert discussing the issue of foreign direct investment in Europe in a broader context influenced by the COVID-19 pandemic.
U.S. employers seeking to bring foreign information technology (IT) talent to the United States, and IT workers seeking ways to obtain authorization to work in the United States, have several options. Some of these are geared at college students or recent graduates seeking temporary training, and others are more suitable for degreed professionals, with increased options for senior or well-established members of the profession.
To read the full text of this post by Duane Morris attorney Susanne Heubel, which includes an overview of the most common U.S. visa categories for the IT industry, please visit the Duane Morris Immigration Law Blog.
On August 14, 2020, the California Office of Administrative Law approved the state Department of Justice’s regulations regarding the California Consumer Privacy Act (CCPA) and filed them with the California Secretary of State. The regulations went into effect immediately.
To read the full text of this Duane Morris Alert, please visit the firm website.
A sense of déjà vu descended over the international data transfer landscape on July 16, 2020. In a landmark ruling, the Court of Justice of the European Union (CJEU) announced that Privacy Shield, one of the main mechanisms used by companies to transfer personal data from the EU to the United States, is invalid.
To read the full text of this Duane Morris Alert, please visit the firm website.
The University of North Carolina (UNC) NCAA men’s basketball team ended the 2017 season for the University of Kentucky (UK) in a controversial game. Indeed, many UK fans blamed their team’s loss on supposed bad calls by a referee, John Higgins.
The wrath of the UK fans was so intense that Higgins received criticisms at his private job. On top of that, two Kentucky Sports Radio (KSR) hosts, Drew Franklin and Matt Jones (the hosts), vented negative comments about Higgins’ officiating. In so doing, the hosts conveyed online attacks that had been posted about Higgins. While reporting about the online attacks, the hosts at times repeated the attacks word for word, while minimally suggesting that fans not promulgate further attacks.
Higgins believed that the attacks and the reporting harmed him personally and his business. He filed suit against KSR and the hosts, alleging various causes of action. The federal district court dismissed the lawsuit based on the First Amendment, and Higgins appealed to the Sixth Circuit. In a recent decision in Higgins v. Kentucky Sports Radio, the Sixth Circuit agreed that the district court correctly dismissed the case on First Amendment grounds. Continue reading “The First Amendment Protects Radio Hosts Covering Online Attacks Against A Sports Referee”
On June 1, 2020 the California Attorney General (AG) submitted the final text of the CCPA regulations to the California Office of Administrative Law (OAL) for approval. The final regulations appear to be unchanged from the latest draft published on March 11, 2020.
Generally, the OAL has 30 days to review and determine whether to approve the regulations. But currently, an executive order has granted an additional 60 days to finalize proposed regulations in light of the challenges agencies are facing due to COVID-19. Additionally, any regulation that is filed June 1 or later would not typically be effective until October 1. However, an agency can request an earlier effective date if it can demonstrate good cause, which is what the AG has done here. The AG has requested the OAL approve the regulations within 30 days and that an exception be made such that the regulations will be effective upon filing with the Secretary of State. Continue reading “Attorney General Submits Final CCPA Regulations for Approval”
The coronavirus pandemic has caused illnesses, deaths, isolation and tremendous economic disruptions. Not surprisingly, many people are feeling desperate for solutions, and unfortunately, they can fall prey to misleading coronavirus marketing claims.
The Federal Trade Commission (FTC) is seeking to prevent these marketing practices. Indeed, the FTC recently sent ten warning letters to multi-level marketing companies (MLMs) telling them to remove and address claims that the MLMs or their participants are making regarding the supposed ability of products to prevent or treat the coronavirus or about the alleged ability of people to recoup lost income. Continue reading “FTC Clamps Down On Unreliable Coronavirus Marketing Claims”
