Hunton Retail Law Resource

In a continued effort to implement the policy change announced by President Obama on December 17, 2014, to engage and empower the Cuban people, the Office of Foreign Assets Control (“OFAC”) has announced additional amendments to the Cuban Assets Control Regulations. These amendments, which went into effect on October 17, 2016, constitute the sixth time that the various sets of regulations governing Cuba have been amended.

A recent change to the U.S. regulations governing the Cuban embargo has expanded the categories of Cuban-origin products that may be imported into the U.S. Additional textiles and textile articles and, for the first time, coffee, have joined the list of Cuban-origin products authorized to be imported into the U.S. Such products, however, must be produced by Cuban entrepreneurs and the U.S. importer must receive satisfactory documentation of such producer’s independence from the Cuban government.

On April 14, 2016, after four years of drafting and negotiations, the long awaited EU General Data Protection Regulation (“GDPR”) has been adopted at the EU level. Following the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ vote earlier this week and the EU Parliament in plenary session, the GDPR is now officially EU law and will directly apply in all EU countries, replacing EU and national data protection legislation.

Over the past two years, Hunton & Williams has been carefully monitoring the application of Daimler AG v. Bauman in trial and appellate courts throughout the country. The U.S. Supreme Court’s landmark Daimler decision articulated a standard that significantly limits the types of contacts sufficient to subject a defendant to general jurisdiction in a particular forum. Under that standard, a plaintiff must demonstrate that the defendant’s contacts with the forum are so continuous and systematic as to render it “essentially at home” there. In most instances, a company is “essentially at home” only in the state where it is incorporated and the state where it operates its principal place of business. Since the opinion was issued, the risk of a company becoming subject to general jurisdiction outside its home states has substantially decreased—a largely positive outcome for companies in the retail products industry that have traditionally been subject to “all purpose” general jurisdiction in each state where they conduct business.

On March 9, 2016, Hunton & Williams’ Global Privacy and Cybersecurity practice lawyers released a management guide on the EU General Data Protection Regulation (“GDPR”), entitled “Overview of the EU General Data Protection Regulation,” addressing the key impacts the new law will have on businesses. This high-level management guide is intended to provide companies with a roadmap to the Regulation, focusing on topics such as expanded territorial scope, data breach notification rules, the One-Stop Shop concept and the right to be forgotten.

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There is general consensus that 3D printing has potentially revolutionary implications for industry and, along with it, for the law. Its consequences for consumers injured by 3D-printed products are potentially just as far-reaching.

Consider this fact pattern: A plumbing parts manufacturer makes CAD files available to plumbing stores so that they may 3D print replacement parts on demand and on-site in response to customer requests. A plumbing store sells such a 3D-printed part to a customer, but the part malfunctions, causing significant damage to the customer’s home.

In this fact pattern, the injured consumer may have recourse against the plumbing parts manufacturer and the plumbing store, although the manufacturer and store are likely to have agreements with indemnification and liability provisions.

The recent change in U.S. policy towards Cuba and a “thawing of relations” between the two countries has generated increased interest among U.S. companies in the potential for business in Cuba. Despite this increased interest, companies should proceed cautiously, as recent international investments in Cuba, often in the form of joint ventures, have yielded mixed results and experiences. British-Dutch multinational consumer goods company Unilever plc, for example, formed a 50/50 international economic association with state-owned enterprise Suchel in 1994, but subsequently left the Cuban market in 2012 due to government intrusion and labor issues.