Economic incentive agreements are tools used by city, county, and state actors to facilitate public goals with the help of private actors. States that provide incentives to developers to promote economic growth have a...more
On July 10, 2024, the U.S. Government narrowed the tariff exclusions on imports of certain steel and aluminum articles from Mexico, citing national security concerns. These measures effectively impose new tariffs aimed at...more
8/1/2024
/ Aluminum Sales ,
China ,
Enforcement ,
Export Controls ,
Foreign Trade Zones ,
Imports ,
Mexico ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Expansion Act of 1962 ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Social media companies have long moderated the type of content that appears on a person’s home page by, for instance, deleting explicit posts or “downgrading” posts containing misinformation. Based on the belief that these...more
At the end of its most recent term, the U.S. Supreme Court took aim at the Securities and Exchange Commission’s internal enforcement mechanism, heavily curtailing the ability of the SEC to self-enforce violations of our...more
Every ten years, states conduct a redistricting process to redraw state and congressional boundary lines for the selection of elected representatives. Due to its politically thorny nature, this process unsurprisingly results...more
Shrouded within the supplemental emergency appropriations bill for Israel, Ukraine, and Taiwan, the 21st Century Peace through Strength Act passed by Congress and signed into law significantly increases the statute of...more
The recently announced sanctions by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) sent shockwaves through the Russian financial system, forcing the Moscow Exchange (MOEX) to halt trading of U.S....more
Against the backdrop of increasing international competition in the artificial intelligence (AI) space, the Enhancing National Frameworks for Overseas Critical Exports Act (the ENFORCE Act) was recently introduced in the U.S....more
6/26/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Machine Learning ,
National Security ,
Semiconductors ,
US State Departments
Department of Justice (DOJ) Deputy Attorney General Lisa Monaco announced that the DOJ is adopting a whistleblower incentive program today at the American Bar Association’s 39th National Institute on White Collar Crime. In...more
5/10/2024
/ CFTC ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Pilot Programs ,
FEPA ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
IRS ,
Penalties ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
The Department of Justice’s Criminal Division (DOJ) recently announced a Pilot Program on Voluntary Self-Disclosures for Individuals (the Individual VSD Pilot Program or Pilot Program), which allows certain individuals...more
Last year, on February 22, 2023, the Department of Justice (DOJ) announced a corporate Voluntary Self-Disclosure (VSD) policy, which is applicable to all U.S. Attorney’s Offices, setting nationwide incentives for voluntary...more
A U.S. District Court in Alabama issued a major setback to efforts to detect and combat terrorism, money laundering, and other misconduct through small business entities. On March 1, 2024, the Northern District of Alabama...more
The U.S. Government recently announced the largest round of sanctions against the Russian Federation (Russia) since the invasion of Ukraine two years ago. This multi-agency effort enacted over 500 sanctions against foreign...more
3/7/2024
/ Bureau of Industry and Security (BIS) ,
Due Diligence ,
Economic Sanctions ,
EU ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Institutions ,
Military Conflict ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanction Violations ,
Supply Chain ,
UK ,
Ukraine
Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a particular viewpoint and...more
In the past five years, the Federal Government and “Qui Tam” Realtors have ramped up False Claims Act (“FCA”) actions against higher education institutions. These actions highlight the scope and breadth of potential FCA...more
1/23/2024
/ Colleges ,
Compliance ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement ,
False Claims Act (FCA) ,
False Statements ,
Fraud ,
Liability ,
Medicaid ,
Medicare ,
Title IV ,
Universities
The federal courts deference to government agencies expertise and discretion (called Chevron deference) may well be at an end. Wednesday's oral arguments on January 17, 2024, before the United States Supreme Court in Loper...more
In recent memory, enforcement of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) regulations has been mostly limited and sporadic. But recently, the U.S. government is reviving and...more
1/22/2024
/ Acquisitions ,
Buyers ,
CFIUS ,
Compliance ,
Due Diligence ,
Enforcement ,
Executive Orders ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
Mergers ,
Sellers ,
U.S. Treasury
Historically, international trade regulation has swung between economic protectionism and national security concerns. Between World War II and the 2018 presidential election, the primary international trade regulatory issue...more
1/22/2024
/ Breach of Contract ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Development ,
Export Administration Regulations (EAR) ,
Foreign Investment ,
Foreign Trade Regulations ,
Foreign Trade Zones ,
Inflation Reduction Act (IRA) ,
International Trade ,
ITAR ,
National Security ,
NATO ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Popular ,
Semiconductors ,
Settlement Agreements ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA) ,
Voluntary Disclosure
For nearly four decades, the Chevron deference has been a hallmark of administrative law. This doctrine, under which federal courts defer to an agency’s interpretation of an ambiguous statute that the agency is charged with...more
With 2024 almost upon us, this means that for millions of companies across the United States, new compliance requirements under the Corporate Transparency Act (“CTA”) are about to take effect. In fact, the Financial Crimes...more
The much anticipated Executive Order (the “E.O.”) on outbound investments directed at the Chinese technology sector was finally released on August 9, 2023. Citing the “unusual and extraordinary threat to national security”...more
The Department of Commerce (the “Department”) expanded the first Notice of Funding Opportunity (“NOFO”) under the CHIPS Act incentive program, making upstream materials and manufacturing equipment suppliers critical to...more
United States international trade regulatory agencies have updated voluntary self-disclosure (“VSD”) policies and guidance in an effort to incentivize private sector companies and individuals to self-report violations of U.S....more
7/31/2023
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
False Statements ,
Foreign Agents Registration Act (FARA) ,
Incentives ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Self-Disclosure Requirements ,
Self-Reporting ,
U.S. Treasury
On Friday, June 16, 2023, the U.S. Supreme Court ruled in United States, ex rel. Polansky v. Executive Health Resources, Inc., that the federal government has authority to dismiss qui tam (or whistleblower) False Claims Act...more
In one of the most highly-anticipated decisions of this term, on Thursday, June 1, 2023, the United States Supreme Court ruled that a contractor’s liability in False Claims Act (FCA) cases hinges on subjective intent — i.e.,...more