News – Crystal & Giannoni-Crystal

Published On - September 3, 2024

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Francesca Giannoni-Crystal has recently published four papers on space law

Francesca Giannoni-Crystal, Cyberattacks on Lunar Satellites (and Other Non-Earth Orbiting Satellites) – Legal Issues, 57 Creighton L. Rev., 663 (2024), https://cdr.creighton.edu/server/api/core/bitstreams/d76937d0-dbc0-432e-b738-c4ae1c509e14/content. Francesca Giannoni-Crystal, Asset-Based Financ...

Published On - July 31, 2023

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Ethics Watch Columns

Nathan Crystal continues to write his bimonthly column on Ethics Watch for the South Carolina Lawyer. He has published the following articles this year: Ancillary Business Ethics, 34 S. Carolina Lawyer 15 (Jan. 2023); Dual Purpose Attorney-Client Communications: Does the Privilege Apply, 34 S. Carol...

Published On - May 17, 2023

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PLI Program

Nathan Crystal and Craig Dobson spoke at a Practicing Law Briefing attended by close to 1000 lawyers. Their topic was “A Lawyer’s Duty of Competence in a Changing Legal Environment.”...

Published On - March 17, 2023

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Speech at Weis Symposium

On March 17, 2023, Nathan Crystal spoke at a program sponsored by the University of Pittsburgh School of Law honoring the “The Jurisprudence and Legacy of The Honorable Joseph F. Weis Jr.” The title of his speech was: A “Philosophy of Lawyering based on Judge Weis’s Nuanced Method ...

Published On - June 14, 2020

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On June 12, 2020, Nathan Crystal spoke at the PLI on Professionalism in Context: Examples and Approaches

This is an abstract of the program that I co-presented with Craig Dobson and that had more than 600 attendees from all across the country. Professionalism in Context: Examples and Approaches The program focused on development of a philosophy of lawyering, including the relationship between zeal an...

Published On - May 1, 2020

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Resources on Covid19

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Published On - August 14, 2019

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Suing foreign entities in New York

Traditionally, NY case law considered foreign entities registered to do business in New York as having affirmatively consented to the state’s general personal jurisdiction. See, STX Panocean (UK) Co. v. Glory Wealth Shipping Pte Ltd., 560 F.3d 127, 131 (2d Cir. 2009); Augsbury Corp. v. Petrokey Co...

Published On - May 20, 2019

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A common legend debunked: no written fee estimate is (probably) required in Italy before a lawyer is engaged

The Ufficio Studi del Consiglio Nazionale Forense (Research Office of the Italian Bar Association) clarified, already in December 2017 that Italian attorneys do not have a duty to communicate in writing to the client an estimate indicating the cost of their professional service and specify their exp...

Published On - January 30, 2019

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NY Ethics opinion on referral fees by and to lawyers for non-legal services. Part 1

The Committee on Professional Ethics of the New York State Bar Association recently issued an opinion on the ethical propriety of referral fees by and to lawyers for non-legal services. Opinion No. 1162 (01/17/2019). The Committee opined as follows: A lawyer who has a business performing non-lega...

Published On - January 30, 2019

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The Fourth Circuit affirmed dismissal of ADA website accessibility claim for lack of standing of a non-customer

On January 3, 2019, the Fourth Circuit ruled that plaintiff suing a credit union over website’s lack of compliance with ADA (American with Disabilities Act) does not have standing if plaintiff is not a customer and is barred by law from becoming one (Clarence Griffin v. Department of Labor Federal...

Published On - November 13, 2018

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Antitrust fines of several millions to Apple and Samsung in Italy for forced updates reducing device functionality

On October 24, 2018, the Italian Antitrust Authority (Garante della Concorrenza e del Mercato “AGCM”) found that Apple and Samsung infringed the Italian Consumer Code. In particular, according to the AGCM the two companies released firmware updates of mobile phones that have caused serious mal...

Published On - September 23, 2018

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Delaware court holds minority stockholders can sue directly when a company’s controller uses control against minority to extract special benefit in a stock transfer

On June 25, 2018, the Delaware Court of Chancery denied a motion to dismiss, finding that when a controller uses his control to extract a special benefit in a stock sale, at the expense of the company’s minority stockholders, the latter may sue directly. In addition, the transfer of corporate asse...

Published On - August 13, 2018

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Federal court confirms difficulty of success with forum non conveniens motions when contracts contain forum section clauses

On June 13, 2018, the United States District Court for the District of South Carolina denied a request for venue change. The plaintiff had filed in the forum indicated in a forum selection clause. The court found the clause mandatory and enforceable. ARCpoint Franchise Grp., LLC v. Blue Eyed Bull I...

Published On - May 21, 2018

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Bureau of Economics Analysis (BEA)’s BE-12 survey on foreign direct investment in the U.S.

The five year timeline for the benchmark survey of the Bureau of Economics Analysis (BEA) – https://www.bea.gov/- on foreign direct investment in the United States just passed. The BE-12 is a comprehensive survey on financial and operating data of U.S. affiliates of foreign multinational enter...

Published On - April 9, 2018

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El “parole in place” podría permitir que los familiares de militares soliciten una tarjeta verde sin salir de los Estados Unidos

Muchos asumen que si ingresaron ilegalmente a los Estados Unidos, no hay opciones de inmigración disponibles. Sin embargo, quedan varias formas para solicitar una tarjeta de residencia (green card), como probar un “wave through” o presentar una dispensa de presencia ilegal (waiver of un...

Published On - April 6, 2018

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Parole in place might allow military families to apply for green card without leaving the country

Many assume that if they entered the United States illegally, there are no immigration options available to them. However, there are several possible ways that you might be able to apply for a green card, such as proving a “wave through” or filing a waiver of unlawful presence but here we will f...

Published On - March 31, 2018

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La Corte Suprema denegó la solicitud del Gobierno de una revisión directa del DACA

El 26 de febrero de 2018 el Tribunal Supremo de los EE. UU. denegó la solicitud del Departamento de Justicia de los EE. UU. con la que se pedía una revisión directa de la medida cautelar que puso fin al programa DACA. El Tribunal declaró que el pedido de un writ of certiorari antes del […...

Published On - March 30, 2018

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Supreme Court denied Government’s request for direct review on DACA

On February 26, 2018, the U.S. Supreme Court denied the US Department of Justice’s request for direct review of the preliminary injunction ending the DACA program. The Court stated that “[t]he petition for a writ of certiorari before judgment is denied without prejudice.” This means that f...

Published On - March 22, 2018

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Solicitar una tarjeta verde sin salir de los Estados Unidos comprobando una entrada “wave through”

Mucha gente cree que con el ingreso ilegal a los Estados Unidos, no le queda ninguna opción de inmigración sin salir del territorio. No es propiamente así, hay varias formas disponibles en las que uno no tenga que irse para solicitar su tarjeta verde (green card). Aquí nos enfocaremos en una sol...

Published On - March 21, 2018

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Google still accused of harming competition in the EU by unlawfully preferring its online shopping services in search results

On February 28, 2018, 19 entities signed an open letter addressed to the EU Commissioner for Competition Margarethe Vestager, commenting on the remedy taken by Google after the EU Antitrust’s fine of € 2.42 billion. The amount of the fine took into account the duration and gravity of the ...

Published On - March 20, 2018

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Proving a “Wave-Through” might allow you to apply for a green card without leaving the U.S.

Many assume that if they entered the United States illegally, there are no immigration options available without leaving the United States. There are several possible ways that you might not have to leave in order to apply for your green card, but here we will focus on just one—the wave-through or...

Published On - March 6, 2018

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Flat tax for wealthy newly residents in ITALY – an opportunity for billionaires?

Forbes recently published a list of the 100 richest people in tech. See here: https://www.forbes.com… None of these people are Italian residents. After considering the benefit of the new Italian flat tax for billionaires, they might want to reconsider their options. The 2017 Italian Budget ...

Published On - January 18, 2018

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FEDERAL JUDGE ALLOWS DACA RENEWALS TO RESUME…FOR NOW

On January 13, 2018, the U.S. Citizenship and Immigration Service (USCIS) posted instructions for DACA applicants to resume filing applications. Following Judge Alsup’s federal court order, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. See here...

Published On - January 18, 2018

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EL JUEZ FEDERAL PERMITE QUE LAS RENOVACIONES DE DACA SE REANUDEN … PARA AHORA

El 13 de enero de 2018, el US Citizenship and Immigration Service (USCIS) publicó instrucciones para los solicitantes de DACA. Debido a una orden del juez federal Alsup, USCIS ha anunciado que la política de DACA operará en los términos existentes antes de que fuera rescindida el 5 de septiembre...

Published On - January 17, 2018

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White House will ask Supreme Court’s review on DACA program before appeals court

On January 16, 2018, the US Department of Justice appealed before the Ninth Circuit Court of Appeals Judge Alsup’s federal court order blocking the government from ending the DACA program. On the same date, the Department of Justice said that, within a few days, it will also file a petition for a ...

Published On - January 4, 2018

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Italy passed a 3% ‘web tax’

On December 2017, Italy passed a 3% tax on certain internet transactions concerning services through electronic means. The 3% tax will be calculated on the value of the transaction (VAT excluded), notwithstanding where the transaction is executed. Services provided through electronic means includ...

Published On - December 8, 2017

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Federal court vacates DHS’s “Delay Rule” on immigration parole status for certain entrepreneurs

On December 1, 2017, a D.C. District Court vacated the Department of Homeland Security’s (DHS) decision to delay the implementation of an Obama-era immigration rule, the International Entrepreneur Rule (IER), 82 Fed. Reg. 5,238 (Jan. 17, 2017). In order to increase and enhance entrepreneurship, i...

Published On - November 30, 2017

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New Connecticut Uniform LLC Act entered into force

On July 1, 2017, the new Connecticut Uniform Limited Liability Company Act (LLC Act) entered into force. The LLC Act changed the laws governing limited liability companies (LLCs). It applies to domestic and foreign LLCs. Among its major provisions, the LLC Act: adds more detailed provisions on fiduc...

Published On - November 26, 2017

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Make no mistake: in May 2018 the GDPR is immediately applicable and failure to meet its requirements can result in heavy sanctions

We have been reading some commentaries to the effect that the GDPR (General Data Protection Regulation) needs to be transposed with special legislation adopted in the several EU member states. That there will be legislation is true, but the statement is misleading. Make no mistake: the GDPR is an EU...

Published On - November 17, 2017

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Italian Trade Agency’s report on US-Italy trade; Italy holds its 16th place among the investing countries in US

In November 2017, the Italian Trade Agency (ITA) made available a report containing useful information on bilateral investments between USA and Italy. Two important pieces of information: Italy holds its 16th place among the investing countries in US and ranked 26th in the list of countries attrac...

Published On - November 10, 2017

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Ten years of “Mediation Directive”: EU Parliament adopts resolution to foster mediation

On September 12, 2017, the EU Parliament adopted a resolution on the implementation of the “Mediation Directive” (Directive 2008/52/EC of the European Parliament and of the......

Published On - October 20, 2017

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Requirements for an E-2 Investor Visa

Below you may find a list of the requirements for an E-2 Investor Visa. For a list of E-2 treaty countries, click here. If a principal investor, you must be coming to the United States to “develop and direct” the business, e.g., owning at least 50% of the investment. Employees who work in certai...

Published On - October 13, 2017

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Hope after illegal entry – Waivers of unlawful presence based upon extreme hardship

Many assume that if they entered the United States illegally, there are no immigration options available to them. There are many possibilities, but here we will focus on just one—a family-based petition with a waiver of unlawful presence. Assume someone entered the United States illegally—for ex...

Published On - September 29, 2017

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La presencia en los EE.UU. es ilegal cuando el DACA expira

Para aquellos cuyos DACA expiran pronto – sin la opción de renovación o extensión – es importante saber que se acumula presencia ilegal desde la fecha de su vencimiento. Aunque DACA no califica como un período de presencia legalmente autorizada, según el gobierno, los extranjeros no...

Published On - September 22, 2017

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El fin del DACA: inmigrantes sin documentos que entraron en los EE.UU. como niños no serán protegidos

El 5 de septiembre de 2017, el U.S. Department of Homeland Security (DHS) ha anunciado la rescisión de la Deferred Action for Childhood Arrivals (DACA) y ha publicado el Memorandum on Rescission of Deferred Action for Childhood Arrivals (DACA). ¿Qué es DACA? DACA es un programa establecido...

Published On - September 22, 2017

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Respuestas prácticas después de la rescisión del DACA

El 5 de septiembre de 2017, el U.S. Department of Homeland Security (DHS) anunció la rescisión de la Deferred Action for Childhood Arrivals (DACA). Aquí más información sobre lo que es DACA y cómo se termina. Solicitud inicial. El DHS rechazará todas las solicitudes iniciales de DACA y soli...

Published On - September 22, 2017

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Beware of unlawful presence when your DACA expires

For those whose DACA will expire soon – without the option of renewal or extension – it is important to consider that you may begin to accrue unlawful presence on the date of expiration. Even though DACA does not qualify as a period of authorized stay, the government decided that fore...

Published On - September 22, 2017

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Investment Plan for Europe – A Status Update (program at the EU Delegation to the UN)

On September 22, 2017, the EU Delegation to the United Nations hosted Investment Plan for Europe – A Status Update, a program sponsored by the European American Chamber of Commerce, EACC. Speakers included Joao Vale de Almeida, Head of Delegation, EU Ambassador to the United Nations, Ambroise ...

Published On - September 20, 2017

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U.S. Customs and Border Protection’s searches of travelers’ mobile electronic devices may be unconstitutional

On September 13, 2017, ten U.S. citizens and one lawful permanent resident sued the Department of Homeland Security (DHS) in federal court (D. Mass) challenging searches and seizure of travelers’ personal electronic devices in violation of privacy and free speech protections of the U.S. Constitut...

Published On - May 21, 2017

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International and Technology Issues for Entrepreneurs Legal Clinic

The SC Bar International Law Committee, in conjunction with Trident Technical College, sponsored a free legal clinic for entrepreneurs in North Charleston on Thursday, May 18. The clinic, titled Technology and International Issues for Entrepreneurs, included information on general corporate issues, ...

Published On - February 17, 2017

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Waiting for the Big Beautiful Door: Basic Pointers for Foreign Nationals During the Early Days of the Trump Administration

Sooner or later, we must all face the fact that Donald Trump won the election and is now president. For foreign nationals in the United States, the sooner the better. Exactly what this means for immigrants—documented or undocumented—nobody really knows. Within days of taking office, Trump caused...

Published On - September 3, 2016

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TTIP: Public report of the 14th Round of negotiations issued

From July 11-15, 2016, the 14th Round of negotiations for the transatlantic Trade and Investment Partnership (TTIP) between the US and the EU took place in Brussels. The Report is now available. This Round saw about 30 textual exchanges containing proposals for almost all chapters on the table now....

Published On - February 28, 2013

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The Practice of law in the 21st Century

On March 1, Professor Crystal will speak at the SC Law Rev. Symposium (Columbia, SC) titled “The Practice of law in the 21st Century – The Intersection of Law and Technology” – Title of presentation: “Inadvertent Disclosure of Privileged Materials: Ethical and Legal Iss...