Latest updates

New digital services tax introduced
Hogan Lovells BSTL SC
  • Tech, Data, Telecoms & Media
  • Mexico
  • 11 September 2020

Mexico recently introduced a new digital services tax. Under the new rules, paid-for digital services provided via digital content or apps through the Internet or any other fundamentally automated network are subject to specific value added tax rules if the user of the service is located in Mexico. This article provides a general summary of the new tax rules.

Individual prosecutions under FCPA: more trials and more case law
Hogan Lovells
  • White Collar Crime
  • USA
  • 07 September 2020

Individual prosecutions under the Foreign Corrupt Practices Act (FCPA) have markedly increased over the past five years. This increase in case law will help to better define local, regional and international enforcement. In addition, more FCPA case law shedding clarity on open issues will be a boon to lawyers, judges and scholars seeking to understand the contours of a complex statute – the elucidation of which has previously been almost the sole province of enforcers.

Final CCPA regulations approved, including additional changes
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 04 September 2020

The California attorney general recently issued the final implementing regulations for the California Consumer Privacy Act. The final regulations – which had been under review by the California Office of Administrative Law since 1 June 2020 – include several changes to the previous draft regulations and take effect immediately. Most of the changes relate to grammar, formatting and drafting consistency, but several substantive provisions have been withdrawn entirely for additional consideration.

New national environment and natural resources policy
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 03 August 2020

The Ministry of Environment and Natural Resources recently published the Environment and Natural Resources Sector Programme for 2020 to 2024, which is the nationwide policy on environment. The policy sets out five main objectives that will serve as a guide for all other federal and local environmental policies, strategies and decisions and includes various methods for determining the progress made on the implementation of its strategies and achieving the goals set for 2024.

National Advertising Division issues decision on 100% natural, satiety and curbing cravings claims
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 17 July 2020

A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, addresses the level of proof necessary to support 'natural' and 'satiety' claims involving competing experts and a variety of scientific data in dispute. Beyond NAD's specific findings, the decision also provides useful insight into how NAD evaluates health benefit and related claims and analyses the corresponding scientific evidence and other substantiation.

COVID-19 and Mexican telecoms sector
Hogan Lovells BSTL SC
  • Tech, Data, Telecoms & Media
  • Mexico
  • 17 July 2020

When the COVID-19 pandemic arrived in Mexico in Spring 2020, the Federal Telecommunications Institute issued a decree to order the maintenance of telecoms and broadcasting network operations, enhance information and communication technologies to counteract the effects of the contingency measures and encourage preventive measures and avoid the spread of misleading information. This article examines these provisions in brief.

DOJ updates roadmap to effective compliance programmes
Hogan Lovells
  • White Collar Crime
  • USA
  • 06 July 2020

The US Department of Justice (DOJ) has updated its guidance on the Evaluation of Corporate Compliance Programmes, providing increased clarity on some of the key questions that prosecutors ask in assessing the adequacy of corporate compliance programmes when making charging, sentencing and plea and settlement decisions. The guidance helps companies to proactively create or enhance their compliance programmes and effectively advocate before the DOJ in criminal investigations.

California Privacy Rights Act to appear on November 2020 ballot
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 03 July 2020

The California Privacy Rights Act (CPRA) has received enough valid signatures to appear on the November 2020 ballot. If voters approve the initiative, the CPRA would significantly expand the California Consumer Privacy Act (CCPA), establish the California Privacy Protection Agency, remove the CCPA's cure period and impose a number of General Data Protection Regulation-style obligations on businesses, among other requirements.

Cyber investigations and privilege: court finds that forensic report is not covered by work product doctrine
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 19 June 2020

The US District Court for the Eastern District of Virginia recently ordered Capital One to produce a forensic investigation report in multi-district litigation arising out of a cyber incident that Capital One had announced in July 2019. The court found that the report was not protected by the work product doctrine as Capital One had not shown that "but for" the litigation, the report would not have been prepared in substantially the same form.

New ASEA guidelines for dismantling hydrocarbon sector activities
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 15 June 2020

The National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector recently published guidelines for dismantling hydrocarbon sector activities. The guidelines are mandatory for all hydrocarbon sector facilities that carry out closing, dismantling or abandonment activities.

New process to move swiftly at NAD on some influencer claims
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 12 June 2020

The National Advertising Division recently announced new procedures to resolve straightforward digital advertising disputes in a matter of weeks. The new procedures – called the SWIFT process – represent a new way for advertisers to enforce against their competitors' (or defend their own) influencer marketing practices. Advertisers that rely heavily on social media influencers should take note.

What now of the Faustian bargain? Moro's exit and its impact on anti-corruption efforts
Hogan Lovells
  • White Collar Crime
  • Brazil
  • 08 June 2020

The resignation of former Operation Car Wash judge and world-renowned anti-corruption crusader Sergio Moro as minister of justice and public safety has sent shockwaves throughout Brazil's political class. Easily the Bolsonaro administration's most recognised and admired cabinet member, Moro's departure via a televised press conference, where he accused the president of trying to interfere in ongoing investigations involving his family members, was likely not how he had envisioned his tenure ending.

California attorney general submits CCPA regulations for approval
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 05 June 2020

The California attorney general recently submitted the final text of the California Consumer Privacy Act regulations to the California Office of Administrative Law for approval. Although regulations submitted to the Office of Administrative Law in June 2020 ordinarily would not become effective – if approved – until 1 October 2020, the attorney general has requested an expedited review.

First adjustments to New General Law for Sustainable Forest Development
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 25 May 2020

In 2018 the New General Law for Sustainable Forest Development entered into force, introducing new legal definitions with regard to the forestry regulatory framework. In April 2020 a seemingly small yet quite relevant amendment to the law was published in the Federal Official Gazette, making various adjustments to the legal definitions set out in Article 7 of the law.

CONAGUA moves forward with online procedures system during COVID-19 quarantine
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 27 April 2020

Given the current situation brought about by COVID-19 and the subsequent suspension of private and governmental activities, the National Waters Commission (CONAGUA) has been reconsidering its online procedures system, which was initially published in the Federal Official Gazette on 1 October 2018 but was not implemented until late 2019. CONAGUA's ultimate goal in this respect is the complete substitution of traditional in-person-initiated procedures with their digital counterparts.

President Trump signs bipartisan broadband mapping legislation
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 17 April 2020

President Trump recently signed the Broadband Deployment Accuracy and Technological Availability Act. The law requires the Federal Communications Commission (FCC) to collect and disseminate more granular data about the availability of broadband service and to establish processes to ensure data accuracy. The legislation comes in response to commentary about the FCC's broadband coverage maps and suggestions regarding the Form 477 data collection process used to create those maps.

Air emissions obligations for industry and service sectors
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 13 April 2020

The Ministry of Environment and Natural Resources and the National Ecology and Climate Chance Institute are continuing to help Mexico achieve its climate-change-related air emissions goals through data analysis, policy management and the implementation of the emissions trading system pilot programme. As such, now is an ideal time for actors in industry and service sectors to evaluate their air emissions obligations. Further, additional obligations may apply to certain facilities due to the COVID-19 pandemic.

AIFA guidance on management of clinical trials during COVID-19 emergency
  • Healthcare & Life Sciences
  • Italy
  • 25 March 2020

Due to the COVID-19 emergency and the consequent lockdown that is affecting most non-essential services in Italy, including some healthcare services, the Italian Medicines Agency recently issued guidance for sponsors, non-profit organisations and contract research organisations involved in clinical trials. The guidance tackles urgent needs that sponsors are experiencing in clinical trials due to restrictions on patients' access to trial sites.

Increased cybersecurity threats amid coronavirus precautions
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 20 March 2020

During the coronavirus outbreak, many employers around the world are seeking to prioritise the wellbeing and safety of their employees by asking them to work remotely instead of risking exposure while commuting and working in populated office spaces. Organisations must consider increased risks to the security of their networks, systems and data during this time.

Seventh Circuit joins Third and Eleventh Circuits in autodialer circuit split
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 28 February 2020

The US courts of appeals increasingly agree on how to interpret the definition of 'automatic telephone dialling system' under the Telephone Consumer Protection Act. A unanimous Seventh Circuit panel recently refused to revise a putative class action after concluding that the dialling system used did not qualify as an autodialer. Like recent Eleventh Circuit and Third Circuit decisions, the Seventh Circuit held that an autodialer must use a random or sequential number generator to either store or produce numbers.