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The PT Law Blog

New U.S.-Cuba Sanctions Regulations - A Reminder To Conduct Due Diligence

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Tuesday, 28 November 2017 16:12

By: Arthur M. Freyre

The Treasury Department’s Office of Foreign Assets Control (OFAC), along with the Department of Commerce’s Bureau of Industry and Security and the State Department, issued new regulations to the Cuban Assets Control Regulations (CACR) and Export Administration Regulations (EAR) on November 8, 2017.[i]

Last Updated on Tuesday, 28 November 2017 16:27
Read more... [New U.S.-Cuba Sanctions Regulations - A Reminder To Conduct Due Diligence]
 

Free Speech and The Knowledge Economy

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Tuesday, 12 September 2017 15:21

By: Arthur M. Freyre

The events in Charlottesville, Virginia, have led to calls to regulating “hate speech” on a corporate level. Those arguing for such regulations are calling for companies such as Google, GoDaddy, and others to either ban or suspend websites or individuals that are knowingly espousing either “alt-right” or white supremacy ideology. Recently, Apple and Google banned an Internet startup called Gab, which was created to allow users a platform to practice free speech, from having their application available for download via App stores on either the iPhone or Android.[1]

Read more... [Free Speech and The Knowledge Economy]
 

Cyber Laws To Keep An Eye On

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Thursday, 10 August 2017 19:36

By: Arthur M. Freyre

Cybersecurity has been a predominant theme during this Congressional session. Over the past month, the U.S. Senate has received several proposed laws relating to cybersecurity, three of which prove to be particularly interesting as they address many issues surrounding evolving technology and the need for comprehensive adaptation and regulation, such as those surrounding small business cyber planning, the impact of data storage across the globe, and the implications involved with inter-networking of electronic devices. These proposed bills in focus have been forwarded to their respective committees for review. Since the legislation is still in the initial stages, we can anticipate changes via amendments, however the core substance of these proposed bills should remain the same.

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The Odebrecht Contagion

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Tuesday, 11 July 2017 15:25

By: Jason I. Poblete

The following article, written by PobleteTamargo attorney Jason Poblete, was published in the Trade Security Journal’s July 2017 Issue. 

 

It is the scandal that rocked continents. Jason Poblete examines the Odebrecht case, a story of corruption in the $ billions and asks what lessons can be learned for business around the world.

Read more... [The Odebrecht Contagion]
 

QTIIPS Anyone?

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Tuesday, 20 June 2017 14:53

A Look at Overreaction to Policy Decisions

By: Arthur M. Freyre

June 1, 2017 was the most important, decisive event in world history. In fact, historians would comment that the world’s existence hinged on the events of June 1, 2017. At this point, one might be asking, “What happened on June 1, 2017?” This was the day that President Trump announced that the United States would withdraw from the Paris Accord. The Paris Accord was an agreement signed by almost all the nations in the world promising to fight climate change. When the President announced this decision, the media and those who supported the Accord described this decision as the equivalent to Armageddon claiming it will be the end of the world, as we know it. 

Read more... [QTIIPS Anyone?]
 

Some Thoughts on Drone Registration

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Friday, 26 May 2017 16:44

By: Arthur M. Freyre

The D.C. Circuit Court of Appeals issued a game changing decision for the Drone community when they vacated a Federal Aviation Administration rule regarding Unmanned Aircraft Vehicles used recreationally on May 19th. Mr. John Taylor, a model aircraft hobbyist, petitioned the court challenging the FAA’s registration rule specified by Part 48, which specifically dealt with the registration of recreational drones. The ruling[i] was based on the court’s interpretation of the FAA Modernization and Reform Act of 2012.[ii]

Read more... [Some Thoughts on Drone Registration]
 

What to Expect in 2017: Part 1

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Wednesday, 18 January 2017 20:37

WTE2017 Part 1 Blog Header

By: Arthur M. Freyre

As we embark on a new year as well as a new Administration, we can expect to see some changes. In this three part series we will look at what to expect from The Congress and the Presidency in 2017. This year will be a time of opportunities for both President-elect Trump and the GOP controlled Congress. Part 1 of this post will focus the House of Representatives.

Read more... [What to Expect in 2017: Part 1]
 

Microsoft vs. DOJ - Round 2

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Monday, 09 January 2017 15:48

By: Arthur M. Freyre

Tech Collage Row

Microsoft and the Department of Justice have had a few interesting court cases over the past twenty years, with the most famous being the anti-trust case involving the Internet provider, Netscape. This latest battle between the DOJ and Microsoft might become the most notorious. 

The case is known as the Microsoft Ireland case. The Microsoft Ireland case centers on the DOJ’s warrant to review emails in a customer’s account maintained by Microsoft pursuant to the Stored Communications Act (the “Act”).[i] The Stored Communications Act which was passed in 1986, made it illegal for one to access an electronic storage facility without the proper authorization.

Read more... [Microsoft vs. DOJ - Round 2]
 

Moving Forward

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Wednesday, 30 November 2016 17:46

 

"Will Castro's death begin Cuba's transition?"

By: Arthur M. Freyre

Castro FuneralThis is the question that many in the media and foreign policy establishments focused on this past weekend. As many are aware, Fidel Castro relinquished most of his power to his younger brother Raul in 2006 when he became ill. Raul has stated that he will not be running for re-election in 2018, passing power and control of Cuba to his son.

The incoming Trump Administration issued a press release on Saturday regarding the death of Cuba’s former leader. The statement gave a preview of what the Cuba policy may look like under the new administration incorporating many elements of the Cuban Liberty and Democratic Solidarity Act.

Read more... [Moving Forward]
 

Next Congress May Expand CFIUS Jurisdiction

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Monday, 07 November 2016 19:02

CongressBuildingBy: Jason I. Poblete

Senior Members of Congress appear to be laying the groundwork for a much-needed regulatory update of a process used by the U.S. government to review of foreign investments in the United States in strategically important sectors such as defense as well as homeland security, especially in the case of U.S. ports. In a letter to the U.S. Comptroller General, sixteen (16) Members of Congress from both sides of the aisle asked that the Government Accountability Office (GAO) advise on the current effectiveness of the Committee on Foreign Investments in the United States (CFIUS) review process as well as provide guidance on proposed updates under consideration by the Congress. The letter is appended at the end of this post.

By way of brief background, the CFIUS review process was created via Executive Order in 1975 by President Gerald Ford. The rules governing the interagency process have also been amended by the Congress various times as well as other Presidential executive orders. While not a tool of (pure) free-market thinking, the CFIUS review process is a necessary tool that can be used to protect strategically vital U.S. markets from unfair competition, espionage, among other things. The process involves nine federal agencies and is one of many safeguards used by Uncle Sam to protect U.S. national security and, in the late 2000s, homeland security.

Read more... [Next Congress May Expand CFIUS Jurisdiction]
 
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