ILS News – March 2025

Early bird registration for the Milan, Italy Conference is open until April 15, 2025. Space is limited so if you are interested in spending an enriching week in Italy with us, please register soon.

Participants will make their own flight and hotel accommodations. Hotels nearby include Hotel Ambasciatori, Rosa Grand Hotel and NH Collection Milano President.

We will commence the conference at midday on Wednesday, October 15^th with a visit to Milan’s High Court. From the Court we head back to the hotel to change into more comfortable attire for a Milanese food and wine walking tour and finish the evening with a reception with our friends at the Milan bar.

Thursday, October 16^th mid-morning we begin the academic programs with a networking lunch and by late afternoon will take a guided tour of the Covent of Santa Maries delle Grazie to see Leonardi Da Vinci’s “The Last Supper” followed by a traditional Milanese dinner.

Friday, October 17^th we convene again for the academic programs mid-morning and a networking lunch. In the afternoon we will be taken on a Milan Fashion Tour and enjoy an upscale Milanese dinner.

Saturday, October 18^th includes transportation to Lake Como and Bellagio. Participants will eat lunch together and then spend the day exploring on their own in this resort area known for its dramatic scenery, set against the foothills of the Alps. The lake is shaped like an upside-down Y, with the branches converging at the resort town of Bellagio. Nearby is the city of Como, home to Renaissance architecture and a 7-minute funicular railway ride that travels up to the mountain town of Brunate. Something for everyone!

I hope to see you at Milan, Italy.

Theresa Leets
Chair, International Law and Immigration Section
California Lawyers Association

We are having a great year in the ILS.  We are often asked whether an attorney has to practice “international law” to be a member of or find value in our Section.  The answer is a strong no.  Indeed, often there is no such thing as just “international law”.  Rather, many attorneys who practice in a traditional area of law — e.g., real estate, litigation, corporate, immigration, etc. actually have connections to international law.  If the buyer or seller is foreign, or if a party or subject matter of dispute is foreign or even if the work performed may in the future have to be enforced outside of the United States, it is international.  In a way, everyone practices international law.  We welcome you to join us!

For this Fall, we are deep in the planning stages of our trip to Milan.  Details can be found here.  Everyone is welcome to join, whether a member of our Section or not.  We hope you will consider this one-of-a-kind trip and legal learning adventure.

Heated political conversation about immigration is nothing new in the United States. Stay up to date with our immigration updates that are published monthly on our website.

In addition to international trips and monthly immigration updates, we have an active slate of webinars and conferences we are putting on across a myriad of international law topics.  We welcome anyone and everyone to contact us if interested in being a speaker or if you have a program idea.  As a bonus, these webinars earn CLE credit.  Please email us at ils@calawyers.org.

It is hard to believe, but the number of our friendship agreements with foreign bar associations continues to grow. You can view them on our interactive global map.  These include numerous bar associations in Asia, Europe and Latin America.  We and our agreement partners are working this year to run joint programs and mutual attorney exchange visits.  We welcome you to get involved in these if you have any interest.  Again, Section membership is not required.

We are looking forward to this Fall’s CLA Annual Meeting in September 11-13, 2025, at Universal City, California.  ILS is putting on several live programs there and will be holding an in-person exchange with educational and network meetings with visiting attorneys from numerous foreign bars.  And we will be giving out our annual Warren M. Christopher International Lawyer of the Year at the live CLA awards program.  We are accepting nominations through April 18, 2025. Last year we awarded Steven Smith this prestigious honor.  If you have an interest in getting involved with this planning, please let us know.  We know it is going to be a great event.

As a reminder, you do not need to be admitted to the California Bar in order to participate with us in our events.  Just having interest is enough, even if you are a foreign licensed attorney or otherwise.  Please consider joining us. We welcome all comers.

Brian Arbetter
External Relations & Membership Chair
International and Immigration Law Section
California Lawyers Association

The Indo American Chamber of Commerce in collaboration with the International Law Section (ILS) of CLA hosted Tax Law Changes and Updates in USA and India with ILS ExCom member Neeraj Bhatia. Mr. Bhatia is an accomplished attorney and CPA in India and California. He has over 35 years of expertise in international and domestic tax planning and compliance for startups and multinational entities as well as immigration services. India Deputy Consul General Rakesh Adlakha made a special guest appearance.

This program covered Corporate Transparency Act update, Tax Law Updates for U.S. federal and state law, discussion about the sunset of TSJA by the end of 2025, and the impact of recent tax law changes in India on NRIs and foreign investors. This program is available through the CLA InReach platform.

See the latest ILS MCLE package with 5 webinars:

• Immigration Law 101 and FAQs for New Attorneys
• Trauma-Informed Lawyering: Healing Through Representation
• Czech-California Multi-Bar Delegate Law Conference: Comparative Bar Association Regulation, Rule of Law and Human Rights: What Justice Means in International Law Practices
• Eliminating Gender Bias: Practical  Strategies and Tips for International Business Lawyers
• Foreign & International Legal Research 101

Learn more: https://calawyers.org/mcle-compliance-bundles-2025/

Wednesday, April 9, 2025
9:00 AM – 3:00 PM

Capitol Event Center
1020 11th Street
Sacramento, CA 95814

Join us at CLA’s Legislative Day for a unique opportunity to explore pressing issues facing the legal profession, proposed changes on the horizon, and how CLA members can make a difference. Interact directly with key decision-makers from all three branches of government, influence change, forge partnerships, and connect with other leaders.

 8:00 AM – 9:00 AM | Registration Opens, Continental Breakfast & Networking

Keynote Speaker: Tani Cantil-Sakauye, former Chief Justice of the Supreme Court of California.

Space is limited!

This webinar will cover timely topics including (1) impact on pending Eb-5 petitions and regional centers. (2) fraud enforcement and regulatory actions (3) legislative viability of the Gold Card Program, (4) corporate and securities law implications, and (5) investor response and ethical considerations.

Speakers:

• Radhika Blaji, RB Immigration Law
• Divij Kishore, Flagship Law LLC
• William Gay, Wilson Elser Moskowitz Edelman & Dicker LLP

The California Lawyers Foundation is hosting a first-of-its-kind mentorship and charity golf tournament at the iconic Pelican Hill Golf Club in Newport Coast, California, on April 17, 2025.

What to Expect:

• A thrilling 18-hole shotgun scramble golf tournament
• Delicious lunch and on-course refreshments
• Fun contests: Hole-in-One, Longest Drive, Closest to the Pin, and Easy Birdie
• Celebrate at the 19th Hole After-Party and honor the 2025 CLF Classic Leaders & Legends Award recipient

The Warren M. Christopher Award is presented annually by the International Law and Immigration Section of the California Lawyers Association (“ILS”) for distinguished service in the promotion of the rule of law internationally or for significant achievement in the practice of international law.

Nominees shall be licensed attorneys with significant ties to the State of California but need not be licensed by the State Bar of California (e.g. in-house counsel, law professors and judges).  Self-nominations are not accepted.  Nominees do not need to be a member of the ILS.  Nominations of current members and officers of the ILS Executive Committee and its Standing Committees may not be considered if nominated.  Nominations shall be kept confidential by the Award Committee and the ILS.  Campaigning for the selection of the awardee is discouraged and will not be considered. 

Nominations are to be directed to the ILS Award Committee, which shall evaluate the nominations and recommend three awardees to the ILS. Factors to be considered in evaluating nominations include, but are not limited to, promoting and achieving diversity.

Click here for a listing of past awardees

May 19, 2025
9:30 AM – 12 PM
La Canada, CA

Save the date: The Los Angeles County Bar Association (LACBA) International Law Section and the California Lawyer Association’s International Law and Immigration Section are co-sponsoring a half day tour at NASA.

Walk-in registrations are available, so please join us this  week for insightful discussions, expert panels, and networking opportunities focused on the latest trends and best practices in international arbitration. Don’t miss out on this premier event!

To learn more about the 2025 programclick here.

Book your hotel:

Westwood LA Hotel
930 Hilgard Avenue,
Los Angeles, California, USA, 90024

W Los Angeles – West Beverly Hills welcomes hotel guests to its urban retreat with personalized service, high-energy interiors, and luxury amenities. Stay in the heart of Westwood, LA, steps from UCLA and the Medical Center and minutes from designer boutiques on Rodeo Drive, Santa Monica beaches, and West LA museums. Our hotel in Westwood, LA, includes suites with flatscreen TVs, mini-bars, mini-refrigerators and indulgent bedding. Business travelers will appreciate large desks and Wi-Fi access. Indulge in steaks as the DJ spins at STK Los Angeles, sample California cuisine by the pool, or sip handcrafted cocktails at our Living Room Bar. Relax in our poolside cabanas, take a dip in the WET® outdoor pool, or work out in the FIT® gym. Event planners will be wowed by spectacular indoor and outdoor venues at our Beverly Hills hotel, expertly supported by custom catering and state-of-the-art technology. LA awaits when you book your hotel room at W Los Angeles – West Beverly Hills.

Los Angeles: Tuesday, April 22nd – Loyola Law School
San Francisco: Wednesday, May 7th – UC San Francisco Law School
9 AM – 4:30 PM

Join us for a comprehensive all-day in-person immigration conference. Topics include immigration policy and administration approaches, family-based immigration, employment and investment based immigration, general humanitarian immigration relief including affirmative and defensive asylum, parole and more.  

The CLA Annual Meeting returns to Southern California and will be held at the Sheraton Universal Hotel in Universal City on September 11-13, 2025. California lawyers and the legal community will not just gather to collaborate across all practice areas, but it is their time to meet and discover the possibilities of how to transform the daily and worldly issues that the California legal community faces today. 

The CLA welcomes and encourages you to present your expertise to provide members and attendees with access to excellent education.   

 
Please submit your proposal here! Our Programs Committee’s proposal review process will commence after May 2, 2025. Thank you for your interest and support in providing an education proposal for the 2025 CLA Annual Meeting.

Proposal Form

Join us for an unforgettable experience in Milan! The International Conference will feature:

• Engaging Activities: Participate in a series of thought- provoking sessions and networking opportunities.
• Great Food & Wine: Indulge in exquisite Italian cuisine and world-renowned wines
• Cultural Exploration: Explore Milan’s iconic museums, art galleries, and historic landmarks, including Lake Como.
• MCLE Credit: Earn MCLE credits while enjoying the best of Milan’s culture and cuisine.

Stay tuned for more details, and get ready for an event you won’t want to miss!

We look forward to seeing you there! More details to come!

By Cindy Kaneko

I. Introduction

TikTok’s short-form video application is becoming one of the most influential social media platforms.  It’s rising popularity, however, has raised questions about the app’s ownership structure and concerns regarding national security from various countries. 

II.  TikTok’s Current Ownership Structure

TikTok’s parent company, ByteDance Ltd., was founded by Chinese entrepreneurs.  Despite its Chinese heritage, TikTok places a significant emphasis on its global connectiveness and makes clear that it is “not owned or controlled by any government or state-controlled entity.”^[1] According to TikTok, approximately 60% of ByteDance Ltd. is owned by global institutional investors such as The Carlyle Group and General Atlantic; approximately 20% is owned by the company’s founder, “who is a private individual and is not part of any state or government entity”; and the remaining 20% is owned by its employees, including 7,000 Americans.^[2]  Although ByteDance is headquartered in Beijing, TikTok (operated by TikTok Ltd.) has headquarters in Los Angeles and Singapore.^[3]  TikTok’s CEO is Singaporean,^[4] and 3 of the 5 ByteDance board of directors are Americans.^[5] 

III. The United States’ Concerns Surrounding TikTok’s Ownership 

Concerns regarding TikTok’s ownership have led to efforts to ban TikTok in the United States.  In 2020, President Trump issued an executive order to ban TikTok to protect national security.^[6]  The order was revoked by President Joe Biden in June of 2021, and replaced with a new order addressing the broader national security implications of Chinese apps in the United States.^[7] In 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act that banned TikTok in the United States unless its owners execute a “qualified divestiture” by January 19, 2025.^[8]  Although TikTok challenged the law on the grounds that it violated the First Amendment, the Supreme Court upheld the law on January 17, 2025.^[9]  On January 20, 2025, President Donald Trump signed an executive order, extending the deadline for TikTok to find new ownership by 75 days until April 5, 2025.^[10]  

IV. International Scrutiny of TikTok

Security and privacy concerns surrounding TikTok are not just limited to the United States. TikTok has been scrutinized internationally, as several countries have either banned or restricted the app in some form. 

For example, countries that have banned TikTok include India, Nepal, Afghanistan, and Somalia.  Indiabanned TikTok in June of 2020, claiming national security and data privacy concerns after a border conflict with China.^[11]  Nepal, Afghanistan, and Somalia banned TikTok due to concerns about the platform’s content.^[12] Nepal also banned TikTok in November of 2023, claiming that the app disrupted social harmony and goodwill^[13].  Nepal’s ban, however, was subsequently lifted nine months later. ^[14]  Notably, TikTok is unavailable in mainland China, as ByteDance instead offers the “Douyin” app, a similar video-sharing app that follows Beijing’s censorship rules.^[15]

Moreover, countries that have restricted TikTok include Australia, Canada, and the UK, which banned TikTok on government devices.^[16] Although TikTok is not banned in Canada, Canada ordered the wind up of TikTok Technology Canada, Inc. in November of 2024 due to national security risks related to ByteDance Ltd.’s operations in Canada.^[17] Canada’s order is currently challenged by TikTok.^[18] 

V. The Future of TikTok’s Ownership

Recent political events in the United States indicate that ByteDance may be open to selling TikTok – a clear contrast from April of 2024 when ByteDance claimed it had no intention of selling the app.^[19]  Although TikTok was shut down in the United States on January 18, 2025,^[20] it was restored roughly twelve hours later.^[21]  In a public statement, TikTok “thank[ed] President Trump” and claimed it “will work with President Trump on a long-term solution that keeps TikTok in the United States.”^[22]  TikTok’s CEO attended President Trump’s inauguration on January 20, 2025.^[23] Later that day, President Trump signed an executive order delaying the TikTok ban by 75 days.^[24] In February of 2025, Vice President JD Vance was tasked by President Trump to broker a sale before the ban’s extension expires in April of 2025.^[25]

Potential Acquirors.  The list of potential acquirors of TikTok range from companies, individuals, to advocacy groups.  News outlets have claimed potential acquirors could include Microsoft, Oracle, Amazon, or Elon Musk.^[26] Other notable potential acquirors include the following:

• Project Liberty. Project Liberty (whose members include investor, Kevin O’Learly, and Reddit co-founder, Alexis Ohanian)^[27] proposed to acquire TikTok’s U.S. assets.  If implemented, Project Liberty plans to migrate TikTok’s user base to digital infrastructure designed to give users the ability to control and protect their data and determine how their information is used.^[28] 
• Perplexity AI. Perplexity AI’s proposal would allow the U.S. government to own up to 50% of a new entity that merges Perplexity with TikTok’s U.S. business.^[29]  Under the proposal, the shares owned by the government would not have voting power and the government also would not have a seat on the new company’s board.^[30]
• Sovereign wealth fund. On February 3, 2025, President Trump signed an order for the establishment of a sovereign wealth fund, and afterwards, indicated that the fund could purchase TikTok.^[31]

Approval by Congress.  Even if ByteDance agrees to sell TikTok, the divestiture would still need to meet the requirements of a “qualified divestiture” under the Protecting Americans from Foreign Adversary Controlled Applications Act.^[32]  Specifically, a “qualified divestiture” requires that the app not be controlled by, and have no operational relationship with, a foreign adversary, as determined by the president through an interagency process.^[33] 

Approval By China.  Another obstacle that TikTok faces, even if it secures a buyer, is obtaining the approval from the Chinese government. ByteDance cannot sell the app without the Chinese government’s approval because of export restrictions that could prohibit the sale of sensitive technology without a license.^[34]  In 2024, Chinese officials claimed that the government would rather the app be banned in the United States than sell the app.^[35]  In January of 2025, however, China reversed its position and discussed the possibility of allowing a trusted party to invest in or take control of TikTok’s U.S. operations.^[36]

VI. Conclusion

TikTok’s ownership and the geopolitical implications surrounding it continue to evolve. As one of the most influential social media platforms in the world, the ownership structure of TikTok is not only a business issue but a global political issue. Whether ByteDance retains control or the undergoes a change in ownership, TikTok will continue to play a significant role in social media, and its ownership will remain a key point of contention internationally.

---

[1] TikTok, “Who owns TikTok’s parent company, ByteDance?” available at https://usds.tiktok.com/who-owns-tiktoks-parent-company-bytedance/.

[2] TikTok, “Myths vs Facts,” available at https://usds.tiktok.com/usds-myths-vs-facts/.

[3] CONG. RSCH. SERV., R48023, TikTok: Frequently Asked Questions and Issues for Congress 2 (2025).

[4] TikTok, “Myths vs Facts,” available at https://usds.tiktok.com/usds-myths-vs-facts/.

[5] Id.

[6] Exec. Order No. 13942, 85 FR 48637 (August 6, 2020).

[7] Exec. Order No. 14034, 86 FR 31423 (June 9, 2021).

[8] CONG. RSCH. SERV., R48023, TikTok: Frequently Asked Questions and Issues for Congress 11 (2025).

[9] Id. at 9. 

[10] Exec. Order No. 14166 (January 20, 2025).

[11] Kelvin Chan, “These are the countries where TikTok is already banned,” The Associated Press, April 26, 2024.

[12] CONG. RSCH. SERV., R48023, TikTok: Frequently Asked Questions and Issues for Congress 18 (2025).

[13] Binaj Gurubacharya, “Nepal lifts its ban on TikTok imposed for disrupting social harmony,” The Associated Press, August 22, 2024.

[14] Bhadra Sharma, “In a Likely Overture to China, Nepal Lifts Ban on TikTok,” New York Times, August 22, 2024.

[15] Kelvin Chan, “These are the countries where TikTok is already banned,” The Associated Press, April 26, 2024.

[16] CONG. RSCH. SERV., R48023, TikTok: Frequently Asked Questions and Issues for Congress 18 (2025).

[17] Government of Canada, “Government of Canada orders the wind up of TikTok Technology Canada, Inc. following a national security review under the Investment Canada Act,” November 6, 2024, available at https://www.canada.ca/en/innovation-science-economic-development/news/2024/11/government-of-canada-orders-the-wind-up-of-tiktok-technology-canada-inc-following-a-national-security-review-under-the-investment-canada-act.html.

[18] Tiktok, “TikTok Canada files Notice of Application for Judicial Review on Canadian entity shutdown order,” available at https://newsroom.tiktok.com/en-ca/tiktokcanada-notice-to-challenge-local-shutdown.

[19] Laura He, “Chinese owner denies it’s willing to sell TikTok as US ban looms,” CNN, April 26, 2024.

[20] Antonio Pequeño & Mary Whitfill Roeloffs, “TikTok Ban Timeline: TikTok Returns To U.S. App Stores—For Now,” Forbes, February 14, 2025.

[21] David Shepardson, “TikTok restores US service after Trump says ‘we have to save it,’” Reuters, January 19, 2025.

[22] Antonio Pequeño & Mary Whitfill Roeloffs, “TikTok Ban Timeline: TikTok Returns To U.S. App Stores—For Now,” Forbes, February 14, 2025.

[23] Id.

[24] See Exec. Order No. 14166 (January 20, 2025).

[25] Antonio Pequeño & Mary Whitfill Roeloffs, “TikTok Ban Timeline: TikTok Returns To U.S. App Stores—For Now,” Forbes, February 14, 2025.

[26] Ty Roush, “These Billionaires, Companies And Investors Could Buy TikTok—As Trump Eyes ‘Bidding War’ With Microsoft,” Forbes, January 28, 2025.

[27] Haleluya Hadero, “Reddit co-founder Alexis Ohanian joins bid to acquire TikTok,” The Associated Press, March 4, 2025.

[28] Project Liberty, “Ahead of January 19 Deadline, Project Liberty Announces a Formal Offer to Acquire TikTok U.S.,” available at https://www.projectliberty.io/news/ahead-of-january-19-deadline-project-liberty-announces-a-formal-offer-to-acquire-tiktok-u-s/.

[29] Haleluya Hadero and Christopher Rugaber, “New bid for TikTok from Perplexity AI could give US government 50% stake,” The Associated Press, January 26, 2025.

[30] Id.

[31] CONG. RSCH. SERV., R48023, TikTok: Frequently Asked Questions and Issues for Congress 19 (2025).

[32] Id. at p. 18.

[33] Id.

[34] Clare Duffy, “Why China may be OK with TikTok selling to Elon Musk,” CNN, January 14, 2025.

[35] Raffaele Huang, “China Signals Opposition to Forced Sale of TikTok in the U.S.,” Wall Street Journal, March 15, 2024. 

[36] Stu Woo, “China Officials Discuss Option of TikTok Sale to Elon Musk” Wall Street Journal, January 14, 2025.