Josh Wallenstein

June 14, 2021

Max Schrems Strikes Again

You must now promptly update your Standard Contractual Clauses to maintain a legal basis for the cross-border transfer of personal data. As background: the General Data Protection Regulation (“GDPR”) stipulates that international personal data transfers can only […]
June 11, 2021

To Boycott or Not to Boycott…

Requests to participate in or facilitate the Arab League’s Boycott of Israel are both prohibited (by the US Department of Commerce) and penalized (by the US Department of Treasury).  Deciphering what is permissible and what is prohibited […]
May 6, 2021

The Most SPAC-tacular Blog Title

Photo illustration: 731: Photo: Alamy Every SPAC is an SPV, but not every SPV is a SPAC. (You’re welcome). A “SPAC” is a “Special Purpose Acquisition Company.”  Legally, it is a shell company that raises funds through […]
April 14, 2021

The U.S. Antiboycott Regulations: Permission to Violate Foreign Law?

The United States Antiboycott Regulations were promulgated to prevent U.S. citizens or companies from complying with any boycotts not sanctioned by the United States. Wait, are you saying I can’t comply with applicable law?   Well…maybe. Background:  from […]
April 7, 2021

Force Majeure: Radical Post-COVID Changes?

A Force Majeure clause addresses unexpected events beyond either party’s control that affects contractual performance.  In common law jurisdictions, Force Majeure is a contractual remedy; in many civil law jurisdictions, Force Majeure is prescribed by code.  Long […]
March 23, 2021

Boilerplate: Mere Sophistry or Critical Language?

“Boilerplate” is contract language that is generic or standard across various contract types. Typically used to safeguard against common problems, it is often dropped verbatim into almost every contract without edits or review. For lawyers, reading boilerplate […]