New Iranian Sanctions Legislation: Summary of Key Provisions

By John W. Chierichella and Jessica M. Madon

On July 1, 2010, President Obama signed the Comprehensive Iran Sanction, Accountability, and Divestment Act of 2010 (“CISADA”). CISADA expands many existing restrictions and includes many new provisions designed to reach foreign firms currently doing business with Iran. More details into the impact of this legislation will emerge as the agencies charged with implementing this legislation issue their regulations.
 

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Amendment of Federal Sentencing Guidelines Calls for Updating of Compliance Policies

By Curtis M. Dombek and Michael W. Emmick

On April 29, 2010, after a period of public comment, the United States Sentencing Commission (“USSC”) issued proposed amendments to the United States Sentencing Guidelines (“USSG”). Absent Congressional action, those amendments will take effect on November 2, 2010. One of the proposed amendments relates to USSG § 8C2.5(f), which provides for a 3-point reduction in culpability score for companies that had an effective compliance and ethics program in place at the time of the offense of which they have been convicted. This amendment is part of the USSC’s announced effort to reevaluate corporate sentencing and provide for greater reward and encouragement for compliance programs, self-reporting, and remediation of discovered offenses. 
 

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New Employee Notification Requirements For Federal Contractors And Subcontractors

By Sheldon M. Kline, Karin Hunter Johnson, and Ashley T. Hirano

Executive Order 13496 requires federal contractors and subcontractors to inform employees of their rights under federal labor laws. The Executive Order was signed at the end of 2009 and the Department of Labor (“DOL”) issued a final regulation implementing the Executive Order on May 20, 2010. The DOL regulation went into effect on June 21, 2010.  
 

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New Encryption Export Rules Relax Regulatory Burden For Many End-Products But Also Raise Many New Questions

By Curtis M. Dombek

On June 25, 2010, the Administration issued the long-awaited regulations implementing the changes from the last Wassenaar Plenary Session and seeking to reduce the regulatory burden on exporters of encryption products under the ENC license exception.  See Encryption Export Controls:  Revision of License Exception ENC and Mass Market Eligibility, Submission Procedures, Reporting Requirements, License Application Requirements, and Addition of Note 4 to Category 5, Part 2; Interim Final Rule, 75 Fed. Reg. 36482 (June 25, 2010).
 

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It's Not the Oscars or the Cannes Film Festival, But . . .

Sheppard Mullin was recently given a Silver Award 2010 for Best USA Law Firm in the category of Public Procurement, Public Law and Government Relations presented at the International Legal Awards 2010 in Paris on June 3, 2010.  The award recipients are selected by a jury of recognized leading General Counsels in each of twenty-eight categories and the event is organized by, among others, the Association of Corporate Counsel, the International Legal Alliance Summit, The Canadian Corporate Counsel Association, All India Bar Association, The European Lawyer, and Leaders' League.  The award recognizes distinguished law firms in various domestic markets for outstanding results achieved in the last calendar year and continuing distinguished performance in management and leadership. The award was presented at an awards dinner and ceremony attended by 500 lawyers, executives, general counsels, and other leading professionals from the legal field from over 40 countries.