Category Archives: Other

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A New Latitude: Charting a Course for Cuba

Today President Barack Obama made a stunning speech announcing steps the United States will take to reduce U.S. sanctions against Cuba. The announcement followed the release of two U.S. citizens held by the Cuban government. Alan Gross was detained by Cuban authorities in 2009 while working as a USAID subcontractor. Separately, a U.S. intelligence officer, … Continue Reading

Drop Your Weapons: The United States Restricts Military Exports to Venezuela

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) to restrict exports to Venezuela of certain items intended for “a military end use or end user.”  These changes complement a pre-existing U.S. arms embargo against Venezuela – in place since 2006 – that was imposed because … Continue Reading

Attacking the Money-Laundering Problem in Mexico

According to the Los Angeles Times, Mexican officials have estimated the amount of laundered money in the Mexican economy at $50 billion annually—three percent of the legitimate Mexican economy.  The CIA World Fact Book labels Mexico as a “major drug-producing and transit nation”, as well as a “significant money-laundering center”.  Illicit cash flows from cartels … Continue Reading

Sovereign Litigation in Latin America: Top Five Issues To Think of When Doing Business With a Latin American Country

“We are in the soup” exclaimed, federal judge Thomas Griesa, referring to Argentina allegedly defaulting on its sovereign bonds.  And so we are. According to bondholders, on July 30 of 2014, Argentina defaulted on its sovereign debt for the eighth time in its history. That a developing nation is accused of defaulting on its international … Continue Reading

Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process

In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the investment deprived the foreign investor of due process under the 5th Amendment to the U.S. Constitution.  Ralls … Continue Reading

Film Tax Incentives in Latin America

Distribution of audiovisual content is blooming at a very fast pace, and while the consumer is still demanding for more new content, producers are struggling with this new competitive era. While appetite for content is at its highest peak, and consumer is getting original content from distributors such as Free-TV networks, basic and premium cable, … Continue Reading

Minimum Wage in Mexico

Effective January 1, 2014, Mexico’s wages for geographic Zones “A” and “B” increased by 3.9%.  Zone A includes all of Mexico’s major cities and entry ports.  The minimum wage in Zone A is now $67.29 per day. Zone B includes all other municipalities not included within Zone A.  The minimum wage in Zone B is … Continue Reading

Twice Bitten But Not Shy, The FCC Is Handed The DC Circuit’s Prescription for Internet Regulation

On Tuesday, January 14, 2014, the United States Court of Appeals for the D.C. Circuit struck down the FCC’s latest effort to mandate “net neutrality”– or promote internet “openness” – under the auspices of implementing the Communications Act.  At issue in the case is the Commission’s Open Internet Order, which imposed disclosure, anti-blocking, and anti-discrimination … Continue Reading

Considerations for US Employers Post-DOMA

When the Supreme Court issued its opinion in U.S. v. Windsor on June 26, it invalidated the federal definitions of “spouse” and “marriage,” and, in so doing, altered employer obligations with respect to same-sex marriages. Although the media coverage of this decision has understandably focused on other implications of the decision, it inevitably creates new challenges for … Continue Reading

Film distributors will face new administrative hurdles in Argentina

Unexpectedly, the government of Argentina has decided to enforce law 23,316, enacted on May 23, 1986, regarding certain requirements for dubbing motion pictures and television programming (the “Dubbing Act”), which was only in the books and never implemented… until today. President Kirchner issued decree 933/2013, which after 27 years explains and expands the Dubbing Act … Continue Reading

Mexico’s Telecommunications’ reform ready to be signed by President Peña Nieto

On May 23, after the approval of 24 Mexican states (Aguascalientes, Baja California Sur, Campeche, Chiapas, Chihuahua, Coahuila, Colima, Durango, Guanajuato, Hidalgo, Jalisco, México, Morelos, Nayarit, Puebla, Querétaro, Quintana Roo, San Luis, Potosí, Sonora, Tamaulipas, Veracruz, Yucatán and Zacatecas) the president of the Permanent Commission (Comisión Permanente) has declared constitutional the Telecommunications’ Reform and sent … Continue Reading

Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know

By Brian Arbetter and Terese Connolly Mexico’s new Federal Labor Law (FLL) took effect on December 1, 2012. The reform seeks to modernize Mexico’s labor law. The new FLL’s major, employment related amendments include increased regulation of outsourcing jobs, increased flexibility in hiring and payment of wages, the addition of the concepts of diversity, nondiscrimination and anti-harassment, and … Continue Reading

FCC Considers Proposal To Lift 25% Cap On Indirect Foreign Investment In Broadcast Licensees

By Brian Weimer and Douglas Svor  In August 2012, the Coalition for Broadcast Investment (“CBI”), a group comprising national broadcast networks, radio and television station licensees, and community and consumer organizations, filed a letter with the FCC requesting clarification of the foreign ownership rules contained in Section 310(b)(4) of the Communications Act. Specifically, CBI requested clarification that “the … Continue Reading

Considerations For International Clients Who Intend to Buy A Home In the U.S.

By Amy McEvoy International buyers invested $82.5 billion in U.S. residential real estate (4.8% of total U.S. sales) according to the most recent survey conducted by the National Association of Realtors for the 12 month period ending with March 2012. According to that survey, the top states in the U.S. for international buyers were Florida, … Continue Reading

Historical Reform of the Mexican Telecommunications Industry

By Marcos Vergara del Carril  The new President of Mexico, Mr. Peña Nieto, has reached an unprecedented multi-party agreement between his party, the Partido Revolucionario Industrial (PRI), and the rest of the major political forces: the Partido Acción Nacional (PAN), which governed Mexico between 2000 and 2012, the Partido de la Revolución Democrática (PRD) and … Continue Reading

Mexico’s Education Reform May be a Catalyst for Change

Under the leadership of President Enrique Pena Nieto, Mexico has recently approved a historic constitutional amendment reforming the country’s archaic education system. In order to push this historic reform, which is commonly known as the “education reform”, President Pena Nieto overcame great opposition from the country’s teachers union, which is the largest union in Latin … Continue Reading

U.S. Court of Appeals (2nd Circuit) Orders Argentina To Submit Proposal For Alternative Payment Plan To Avoid Debt Default… Again

By Gabriel Matus On March 1, 2013, the U.S. Court of Appeals for the Second Circuit ordered Argentina to submit its proposal for the terms on which it is prepared to make payment on approximately $1.3 billion of unpaid debt obligations stemming from the country’s $95 billion debt default a decade ago. The court’s ruling … Continue Reading

The Chevron Ecuador Saga Continues as Second Circuit Overturns Anti-Enforcement Injunction

By Neil A.F. Popović and Rachel Tarko Hudson In the latest U.S. chapter of the long and hard-fought battle over claims of pollution and adverse health effects from oil development in the Ecuadorian rain forest by Texaco (acquired by Chevron in 2001), a potentially important court victory has gone to the so-called Lago Agrio plaintiffs. On January … Continue Reading

Ninth Circuit Finds Jurisdiction Over Foreign Corporation Based On Its Subsidiary’s Contacts in the United States

By Bram Hanono In the recent case of Bauman v. DaimlerChrysler Corp. (No. 07-15386 (9th Cir. May 18, 2011)), the Ninth Circuit expanded the use of "agency theory" to impose personal jurisdiction over a foreign corporation doing business in the U.S. solely through its U.S. subsidiary. The court found jurisdiction based on the subsidiary’s contacts within … Continue Reading

Mexico Passes New Law on Data Protection

By Larissa Calva-Ruiz Mexico’s Federal Law for the Protection of Personal data (la Ley Federal de Protección de Datos Personales en Posesión de los Particulares) (the "Law") protects an individual’s personal data by restricting its use and prescribing the way in which both private and public entities must treat the collection, use, and disclosure of … Continue Reading
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