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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 be made to countries deemed to have adequate privacy regimes.  “Adequacy” is determined by […]

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 is not always clear; requests are often indirectly phrased, such as the

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 an IPO, which allows the subsequent easy listing of an operating company later

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 time to time, countries decide to prevent interactions with

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 seen as “boilerplate” in all jurisdictions, Force Majeure clauses only become “critical” in

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 often feels like “déjà vu all over again”. It’s a trap, my

Is the United States Corrupt? Corruption is a very real threat. It wastes scarce taxpayer dollars and diverts investment in our communities. It erodes our trust in the public sector to act efficiently and in our best interests. It distorts incentives and ultimately undermines social welfare programs, economic growth, and social equality. In fact, studies

One in a Million: Which Compliance Training Vendor is Right For Me? Scientific studies suggest that choices create anxiety.  Decisions made with a lack of confidence only exacerbate this anxiety.  Unfortunately, we know that streaming services – while practically essential to our sanity – are not all created equal.  Netflix, Prime Video, Disney Plus, HBO

Sock it to Rocket: 3 Reasons Why Lawyers Beat RocketLawyer and LegalZoom The gig economy now officially threatens the legal industry. Online technology companies like Rocket Lawyer and Legal Zoom offer templated legal documents for a fraction of the cost of visiting an actual lawyer. For a modest subscription, you can get a merger agreement,

12 Predictions: How COVID-19 Will Change the Legal Profession At this point, who is NOT sick of 2020?  This year has been full of ups and (way too many) downs; many of the latter a consequence of the COVID-19 pandemic. One thing we are sure of:  post-COVID life won’t parallel pre-COVID.  How will COVID change