International
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Phillips Nizer Attorneys Regina Faul and Karen Monroe Attended IBA 2023 Annual Conference in Paris11/08/2023
Regina E. Faul, Employment & Labor Law Practice Chair and Karen Monroe, Partner, International Practice, attended the International Bar Association (IBA) 2023 Annual Conference in Paris, held from October 29 – November 3.
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Karen A. Monroe Appointed Membership Officer of the International Bar Association’s Senior Lawyers' Committee02/21/2023
Karen A. Monroe was appointed Membership Officer of the International Bar Association’s Senior Lawyers' Committee, to serve from January 1, 2023 to December 31, 2024.
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Article - The New York Law Journal publishes “Canada Proposes Requiring Consent for Transfers of Personal Data Across Its Border,” an article authored by Patrick Burke, Chair, Data Technology & Cybersecurity Group, and Anne-Sophie Hutteau-Hiltzer, referendare with the Group. (Subscription Required)05/15/2019 | New York Law Journal
Authored by Patrick Burke, Chair, Data Technology & Cybersecurity, and Anne-Sophie Hutteau-Hiltzer, referendare with our Data Technology & Cybersecurity, German and Corporate & Business Law Practices
Excerpt:
Canada’s Privacy Commissioner, Daniel Therrien, recently announced his intention to obligate companies to obtain Canadians’ consent before an organization engaged in commercial activities may legally transfer their personal information across the border for processing, including to the United States. Canada’s Office of the Privacy Commissioner (OPC) released a consultation paper on April 9, 2019 communicating this proposed change of direction, and calling for stakeholders’ commentary by June 4, 2019 (April 9, 2019 OPC Consultation on Transborder Data Flows). It is unclear at present whether the anticipated consent requirement will be applied to transborder transfer for processing of employees’ personal information by employers, which until now has not explicitly been required.
This is a significant turnabout for Canada. Consent for such transfers is not explicitly required under Canada’s Personal Information Protection and Electronic Document Act, S.C. 2000, c.5 (Can.) (PIPEDA). Until now, the OPC did not require the consent of consumers or other “data subjects” for transborder transfers of personal information for processing. Instead, it applied an “accountability principle” that was satisfied if a Canadian-based entity informed data subjects of transborder transfers in its posted privacy policy and remained legally accountable for the protection of personal data sent abroad to a third party for processing. Principle 4.1.3 of schedule 1 of PIPEDA provides as follow: “An organization is responsible for personal information in its possession or custody including information that has been transferred to a third-party for processing. The organization shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.” -
Speaking Engagement - Michael Galligan, Partner in the Trusts & Estates, International and Immigration Practices is a member of the faculty for the May 6, 2019 Practising Law Institute (PLI) "International Estate & Tax Planning 2019" full-day Continuing Legal Education (CLE) program. | Details05/06/2019
Full Details and Registration: here
OVERVIEW
Why You Should Attend:
This foundational program will focus on the legal and tax framework you need to advise those individuals whose personal, financial and business connections span national borders. In addition to the usual estate and tax planning issues, international private clients face special challenges arising from the global progression toward increased transparency, heightened reporting requirements and more stringent tax enforcement. By attending you will learn about essential legal and tax rules, available planning opportunities, and potential pitfalls for both clients and advisers.
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Zur Information - Tortious Interference with Contracts (Winter 2018/19) | Published in GermanWinter 2018/19 | Phillips Nizer LLP
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Speaking Engagement - Michael Galligan, partner in the Tax, Trusts & Estates and International Practices will be a featured panelist at the New York State Bar Association International Section 2018 Season Meeting.10/26/2018
Michael's panel, "Harmonizing Wealth Transfer Across the Canada-United States Border: The Challenges of Canada-United States Estate Planning," will convene on Friday, October 26th from 2:45 - 4:00 p.m. The 3-day Seasonal Meeting will be held in Montreal, Canada.
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Article - US expatriate persons and property owners, the European Union Succession Regulation and the choice of New York law (Trusts & Trustees, April 1, 2017)04/01/2017 | Trusts & Trustees
The EU Succession Regulation represents perhaps the most ambitious and comprehensive effort to date to regularize the rules about choice of law that apply to the succession of decedents' estates in any part of the world. The Article highlights the significance of the Regulation not only in planning for U.S. persons who live in the European Union, but also in planning for U.S. persons who live outside the European Union but who own property there. The Article also discusses the reception that a choice of law made under the Regulation may be expected to receive in New York State–one of the most prominent jurisdictions of the United States where issues of cross-border succession planning constantly arise and for which the Regulation may be especially relevant.