On January 1, 2024, the Corporate Transparency Act (the “CTA”) became effective. For the first time, all US and foreign entities that are determined to qualify as “reporting companies” will be required to report to the U.S. federal government certain company information, including information identifying the individuals who directly or indirectly own or control the
U.S. Legal Insights for French Businesses
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The EU Foreign Subsidies Regulation: New Rules for All Companies Active in the EU
On 12 July 2023, the new EU Foreign Subsidies Regulation (“FSR”) started applying to all non-EU and EU companies and all sectors of the economy. FSR filled a regulatory gap which existed since 1958. The European Commission (the “Commission”) is vested by FSR with wide investigative and decisional powers to prevent any distortions in the…
The After Effects of the Music Modernization Act in the Digital Streaming Sphere
The Orrin G. Hatch–Bob Goodlatte Music Modernization Act, or Music Modernization Act (“MMA”), signed into law on October 11, 2018, has transformed the music streaming industry in the years since its implementation. The legislation was passed with the aim of modernizing copyright issues related to audio recordings and adapting to new technologies, such as…
Foreign-owned companies operating in the United States must file a 5 year survey with the U.S. Department of Commerce by May 31, 2023 (for paper filings) and June 30, 2023 (for electronic filings).
The Bureau of Economic Analysis (“BEA”) of the U.S. Department of Commerce, which conducts a series of mandatory surveys on foreign investments in the U.S., has recently published Form BE-12, its five-year survey on foreign direct investment in the U.S. for fiscal years ending in 2022. The previous five-year survey was conducted back in 2017.…
Negative Option Practices Under Increased Scrutiny in the US
Retailers and service providers with US business operations should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions, memberships and other recurring-payment programs. The FTC just issued a notice of proposed rulemaking as part of its ongoing review of…
U.S. Visas for Ukrainians and Russians: Navigating the Maze
When the Russian army entered Ukraine on February 24, 2022, that set in motion panic for family and friends in the U.S. and the need to quickly explore visa options for their loved ones in the Ukraine, Russia, and neighboring countries.…
Buy America Provisions in the Infrastructure Bill: What this Means for Foreign Companies
The Infrastructure Investment and Jobs Act, commonly referred to as the Bipartisan Infrastructure Bill, passed on November 15, 2021. Included in the $1.2 trillion spending package are expansions to various “Buy America” provisions, a set of statutes and regulations that apply to federal financial assistance used to support infrastructure-related projects. “Buy America” requirements differ from…
Annual H-1B Visa Lottery Will Open on March 1, 2022
For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner.
The electronic H-1B lottery application window starts on March 1 and ends on March 18 at 12 noon EST / 9 am PST. If you desire to have one or more candidates entered into the…
COVID-19–The 30-Day Mark – A Discussion by Companies on Navigating the New Reality
On April 14, 2020, the Sheppard Mullin French desk hosted a webinar on the impact of COVID-19 on various business sectors. The webinar was organized as a roundtable discussion with two business leaders, Christopher Mars, the U.S. COO of Marie Blanchere, a leading European traditional bakery brand, and Daniel H. Connor, the U.S. CEO…
Alternative Sources of Capital for Foreign-Owned Businesses in the US
A main focus for businesses in need of capital recently has been the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which expanded the criteria under which borrowers could apply for loans through the U.S. Small Business Administration (SBA), notably through the Paycheck Protection Program (PPP). The most significant change to the PPP has been…