Monthly Archives: September 2022

A Snapshot of Our Recent Activity — Fall 2022

Profile of Martin Côté

Martin Côté is a lawyer, and a partner in our Civil and Commercial Litigation practice. He is the author of the fall edition of our revamped newsletter.

Over the past few years, he has developed extensive expertise, especially in defamation cases and in matters related to university education.

Have a look at his bio sketch.

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ILN Today Post

Ahlawat & Associates Augments Partner Strength; Further Expands Presence Across Delhi & Mumbai

Ahlawat & Associates (“A&A”) further strengthens its foothold in Mumbai with Sumit Kochar merging his practice with A&A’s and joining the firm as Partner & Head of Mumbai Practice. The core areas of Sumit’s expertise include Fund Setup & Structuring, Estate & Succession Planning, Family Office Advisory, Intergenerational wealth planning and governance, Private Client Practice, Capital Markets, Mergers & acquisitions, Global Business Setup, Corporate Restructuring, Risk Assurance Services and Taxation.

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No More Exceptions: What to Do When the California Privacy Exemptions for Employee, Applicant and B2B Data Expire on January 1, 2023

California’s Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) give consumers substantial rights regarding the disclosure and use of their personal information collected by businesses subject to the law. Significantly, CCPA/CPRA define the term “consumer” to mean any California resident. This broad definition extends not only a business’s individual customers, but also its employees, job-applicants and even its business-to-business (B2B) contacts. We have previously discussed the compliance requirements of these data privacy laws on organizations doing business in California, and the moratoriums for B2B and employee/applicant data that that the Legislature had put in place exempting covered businesses from complying with certain requirements of the laws.[1] Unless extended by the Legislature (which appears unlikely) or preempted by federal privacy legislation (which appears even more unlikely), the moratoriums will sunset on January 1, 2023. Accordingly, covered businesses should begin  preparing now to meet their upcoming expanded statutory obligations to protect consumers data privacy.

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Law Firm ILN-telligence Podcast | Karel Janssens, & De Bandt

Karel Janssens is a partner at & De Bandt in Brussels, Belgium, which is one of the ILN’s newest member firms. In this episode, Lindsay and Karel discuss his passion for IP & IT law, its opportunities and challenges, and the case that has stuck with him.

You can listen to the podcast here, or we’ve provided a transcript of the highlights below.

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ILN Today Post

Torres Talks Trade Podcast Episode 14 Federal Investigations within the Department of Homeland Security

In the aftermath of 9/11, the U.S. Government created the Department of Homeland Security to carry out a broad range of national security functions. Today, DHS is widely known for overseeing both Immigrations and Customs operations. This week, nearly 21 years after that fateful day, host Derrick Kyle sits down with former DHS Deputy Chief Counsel Rob Dunikoski, in the first of a two-part series, to discuss Rob’s experience overseeing federal investigations and bringing criminal cases to the U.S. Attorney’s office.

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ILN Today Post

Llinks Bulletin: An Illustration of Data Export Security Assessment

The Cyberspace Administration of China (hereinafter referred to as “CAC”) promulgated Guidelines for the Application for Data Export Security Assessment (First Edition) (hereinafter referred to as “Guidelines (First Edition)”) on 31 August 2022. The Guidelines (First Edition) set forth the applicable circumstances, methods and process of data export security assessment (hereinafter referred to as “Security Assessment”) mentioned in the Measures for the Data Export Security Assessment (hereinafter referred to as “Assessment Measures”). In this article, the authors summarize the key points of the Guidelines (First Edition), for the ease of readers reference. Read more…

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No More Exceptions: What to Do When the California Privacy Exemptions for Employee, Applicant and B2B Data Expire

The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) gives consumers increasingly more control over their personal information when collected by businesses subject to the law. We have previously discussed the compliance requirements of these data privacy laws on organizations doing business in California.[1] Significantly, CCPA/CPRA defines the term “consumer” to mean any California resident; which from a business perspective, such a broad definition encompasses not only the business’s individual customers, but also its employees, job-applicants or even business-to-business (B2B) contacts.  With the moratoriums currently in place for B2B and employee/applicant data sunsetting on January 1, 2023 and not likely to be extended, and the prospect for federal data privacy legislation with wide preemptive effect of state law looking less likely, businesses should be actively preparing to meet these expanded statutory obligations.

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Illinois Trade Secret Laws: 2022 Q&A Guide for Employers

Thomson Reuters Practical Law has released the 2022 update to “Trade Secret Laws: Illinois,” a Q&A guide to state law on trade secrets and confidentiality for private employers, authored by our colleagues Peter Steinmeyer and David Clark at Epstein Becker Green.

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Les contrats d’approvisionnement et à commandes

Only available in French

Le 6 octobre 2021, le gouvernement du Québec déposait le projet de loi 103 intitulé Loi modifiant diverses dispositions législatives principalement aux fins d’allègement du fardeau administratif.

Ce projet de loi offre aux municipalités la possibilité d’octroyer un contrat d’approvisionnement sous forme de contrat à commandes. Ce type de contrat permet à une municipalité de se procurer des biens alors que la quantité, le rythme et la fréquence de ses besoins sont incertains et indéterminés.

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ILN Today Post

Highlights of the New MA Cannabis Reform Act

Highlights of the New Massachusetts Cannabis Reform Act

Massachusetts Governor Charlie Baker signed into law all but one section of Senate Bill S3096, “An Act Relative to Equity in the Cannabis Industry,” which took effect July 31, 2022 (the Act). The Act, as amended by the Governor, was enacted as Chapter 180 of the Acts of 2022.

As indicated by the title, a principal feature of the Act is to establish a new funding mechanism to support cannabis ventures led by social equity and economic empowerment program participants certified by the Cannabis Control Commission (CCC). The Act also implements various other enhancements and reforms to Massachusetts cannabis, including:

  • confirming the costs potentially chargeable to cannabis licensees subject to the three percent (3%) state law cap;
  • expressly granting the CCC authority to review Host Community Agreements (HCAs) between municipalities and cannabis applicants;
  • extending the potential HCA payment period from five years to eight years;
  • requiring municipalities to furnish documentation of costs being attributed to cannabis licensees as a required condition for requesting HCA payments from the licensee;
  • establishing a process for municipalities to authorize social consumption establishments (so-called cannabis cafes); and
  • reversing the former application of U.S. tax code Section 280E for Massachusetts state tax purposes that had previously substantially limited the ability of Massachusetts cannabis ventures to claim ordinary business deductions on state tax returns.

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