Introduction No-poach and wage-fixing agreements - arrangements between companies seeking to prevent or limit the hiring of each other’s employees, or to suppress the wages and/or benefits of their respective current employees are not only currently under the spotlight in the US, but have also been subject to scrutiny by antitrust authorities in the European Union (EU), albeit to a more limited degree. These antitrust infringement decisions have mostly been taken by EU Member State national competition authorities (NCAs), rather...

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Seven takeaways for businesses considering data transfers and the use of new SCCs The European Commission's new Standard Contractual Clauses (SCCs) provide welcome certainty for businesses transferring personal data to countries outside the European Economic Area (EEA). But they come at the cost of extra compliance burdens for those already dealing with the fallout of the Schrems II ruling of July 2020, increased regulatory activity within the EU, and a UK position which remains fluid, despite the Commission's recent UK adequacy decision. In...

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As previously discussed, the Biden Administration’s American Families Plan includes a proposal to partially repeal deferred gains from Section 1031 exchanges. The proposal would implement a limit on gains eligible to be deferred to $500,000 per taxpayer (or $1 million for married individuals filing a joint return) for each year for real property exchanges that are like kind. Any gains from like-kind exchanges in excess of these thresholds would be recognized by the taxpayer in the year of sale. The...

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On June 29th, an auction for NFTs connected to famous Hot Wheels cars was concluded.  I own an example of “Twin Mill,” and I have seen the life-sized replica at the SEMA Trade Show in Las Vegas.  So I was intrigued. However, I wasn’t surprised to learn that the NFT auction did not convey an example of Twin Mill.  Rather, it conveyed unique ownership rights that corresponded to a piece of digital artwork. In another auction, Barrett-Jackson auctioned off NFTs that relate...

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On June 4, the European Commission (Commission) adopted new standard contractual clauses (SCCs) for the transfer of personal data to third countries. SCCs have long been an important tool for EU data transfers, as one of only a handful of mechanisms available to legitimize personal data transfers made to countries outside the European Union (EU). This importance increased in July 2020 when the EU Court of Justice (CJEU) issued its decision in Data Protection Commission v. Facebook Ireland, Max Schrems (Schrems...

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This week's special newsletter provides an overview of notable changes in Canadian immigration including all measures directly related to the COVID-19 pandemic. Here is the latest news as of July 19, 2021. The Canadian border will open to vaccinated Americans as of August 9. Following Prime Minister Justin Trudeau's July 19 announcement, travelers who reside in the United States and are United States citizens or permanent residents of the United States. They must be fully immunized and have received the...

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