Legal Updates

Recent Key OFAC Actions and Related Legal News

Key OFAC Actions

Central Bank of Iran (CBI) General License and FAQs

In September 2019, OFAC designated the CBI under terrorism-related sanctions authorities, which appeared to prohibit CBI’s involvement in processing payments for humanitarian-related transactions, such as those authorized under OFAC general licenses for agricultural commodities, medicines, or medical devices (“AgMed Licenses”). Read more…

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When Federal R&D Funding meets U.S. Trade Controls: Proceed with Caution

Cutting-edge technology is often a vital component for businesses seeking to expand their commercial market share. However, investing in research and development to develop a new product line can be costly and time consuming, making it difficult for some companies to reach their goals of advancing their current suite of products or exploring new innovations. To supplement their budgets for research and development, or “R&D” as it is commonly referred to, businesses may elect to pursue funding options available from the U.S. Government. Read more…

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CONDUCTING EFFECTIVE CORPORATE INVESTIGATIONS

Companies often must decide whether to conduct internal investigations after receiving information that could indicate ongoing violations of export control or economic sanction laws and regulations. It is important that they take adequate steps to preserve attorney-client privilege, immediately stop ongoing violations, and ensure resources and personnel are assigned to the investigative team. Deciding whether to conduct an investigation will ultimately depend on a variety of factors, and there are a number of decisions to be made at the outset of the investigation as outlined below. Read more…

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California Court of Appeal Clarifies Circumstances Where So-Called “Unlimited” Vacation Policies May Trigger a Right to Wages

California generally requires that, when employees accrue vacation time during their employment, any accrued but unused vacation time must be paid out at the end of employment.  But so-called “unlimited” vacation policies have generally been understood to be a potential exception to that rule.  Such “unlimited” policies are more accurately referred to as “professional” or “reasonable use” vacation policies, where such policies do not provide for vacation to accrue.  Instead, employees under such policies are allowed to take an unspecified amount of paid time off without accruing vacation time – except they are permitted to take vacation whenever and for whatever amount of time they would like, subject to the employees completing their work.

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An Insurer Successfully Raises the Damage to Property Rented Exclusion

By Patricia Baram, from our Insurance Law Practice Group

In a judgment rendered on February 10, 2020, Loue Froid inc. c. Ville de Longueuil, 2020 QCCS 447, the Superior Court dismisses the City of Longueuil’s demand [the “City”] that Compagnie d’assurance AIG du Canada [the “insurer”] take up its defence against a legal action instituted by Plaintiff Loue Froid Inc. [“Loue Froid”].

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Llinks Client Alert – Anti-Corruption (March 2020)

Llinks would like to share our views on the most recent hot topics and legal updates on the Anti-Corruption with “ Llinks Client Alert – Anti-Corruption (March 2020)” Read more…Read more…

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AB 5, Dynamex and Borello: What Standard Governs Independent Contractor Status In California?

It is no secret that independent contractor misclassification claims are being filed against employers with a great deal of frequency, often as class actions and often in California.  Many of those lawsuits have been filed against gig economy companies.  But, of course, they are not the only companies facing such claims.

As a result, many companies that classify workers as independent contractors are asking a basic question, “Are those workers properly classified?”

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Postmates Risks Judicial Rebuke by Filing Suit Against 10,000 of Its Drivers to Try to Escape Individual Arbitrations

Be careful what you ask for.

We have used that expression frequently when writing about recent federal court orders requiring DoorDash and Postmates to conduct thousands of individual arbitrations in California pursuant to the terms of their arbitration agreements with their drivers.

Thousands of individual arbitrations for which DoorDash and Postmates would have to pay many millions of dollars in arbitration fees alone.

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NEW CFIUS PART 802 GEOGRAPHIC REFERENCE TOOL

Pursuant to the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) is authorized to review certain real estate transactions by foreign persons in the United States. The regulations at 31 C.F.R. part 802[1] (effective on February 13, 2020), implement CFIUS’s authority to review certain “covered real estate transactions,” involving the purchase or the lease by, or a concession to, a foreign person of certain real estate in the United States. The real estate transactions subject to review include transactions meeting certain criteria and that are in, or around, sensitive sites such as specific airports, maritime ports, and military installations. The airports and maritime ports are identified in the regulations and contained on lists published by the U.S. Department of Transportation. Furthermore, the military installations are listed at Appendix A to Part 802.

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Lawsuit Against a Municipality: Beware of Prescription!

By Zachary Ouimet, from our Insurance Law Practice Group

March 26, 2020 — A recent judgment reminds us that, as a general rule, an action for damages against a municipality must be brought within six months of the first sign of the occurrence of the damage, even though the extent of the damage may not necessarily be known and may not have fully materialized.

In Martin c. Ville de Magog, 2020 QCCS 182, the Honourable Justice Gaétan Dumas dismissed a lawsuit instituted by the plaintiffs allowing a ground of dismissal on the basis that the action was prescribed under section 586 of the Cities and Towns Act [“CTA”].

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