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China Foreign Governments

Wiley Rein LLP

Former New York Government Official Linda Sun Charged with FARA Violations

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On Tuesday, September 3, 2024, Linda Sun, a former high-ranking official in New York State’s government, was arrested in Brooklyn and charged with violating the Foreign Agents Registration Act (FARA) for allegedly acting as...more

Wiley Rein LLP

Lawmakers Urge DOJ to Investigate Potential FARA Violations by CCP-Related Entities

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On July 10, U.S. Senators Marco Rubio (R-FL) and Lindsey Graham (R-SC) sent a letter to Attorney General Merrick Garland asking the U.S. Department of Justice (DOJ) to present a briefing on DOJ’s strategy to combat Beijing’s...more

Wiley Rein LLP

FARA: 2023 Review and 2024 Preview

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Aggressive enforcement of the Foreign Agents Registration Act (FARA) continued last year, and that trend shows no signs of receding in 2024. The U.S. Department of Justice (DOJ) in 2023 filed its first affirmative civil...more

Davies Ward Phillips & Vineberg LLP

Canada Clamps Down on Foreign SOE Investments in Critical Minerals

The Canadian government announced a new policy on October 28, 2022 (the Policy) under the Investment Canada Act (ICA) governing investments by state-owned enterprises (SOEs) in Canada’s critical minerals sector....more

Vinson & Elkins LLP

DOJ Can’t Force Ex Post Facto FARA Registration, Court Says

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On October 12, 2022, the U.S. District Court for the District of Columbia dismissed the civil Foreign Agents Registration Act (“FARA”) enforcement action against casino developer and former Republican National Committee...more

Womble Bond Dickinson

D.C. Circuit Vacates FCC Rule Requiring Broadcasters to Verify Foreign Governmental Sponsorship of Programming

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The U.S. Court of Appeals for the D.C. Circuit, in a unanimous decision, ruled that the Federal Communications Commission (FCC) exceeded its statutory authority in requiring, as part of a new foreign sponsorship...more

Morrison & Foerster LLP

DOJ Seeks to Require U.S. Businessman to Register as a Foreign Agent on Expansive Agency Theory

Earlier this week, the U.S. Department of Justice (DOJ) filed a civil enforcement action seeking to compel U.S. businessman Steve Wynn to register under the Foreign Agents Registration Act (FARA) as an agent of the Chinese...more

Wiley Rein LLP

Personal Health Data at Risk of Foreign Exploitation

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Issue: The U.S. Government is warning American health care entities that personal health data, including genetic information, from diagnostic tests and services could end up in the hands of foreign governments for unintended...more

Kohn, Kohn & Colapinto LLP

The Plight of Chinese Whistleblowers and Journalists During COVID

On February 7, 2020, officials confirmed the death of Dr. Li Wenliang, the first COVID-19 whistleblower in China who warned people worldwide about early infections in Wuhan. The Chinese internet saw an outpouring of grief and...more

Oberheiden P.C.

DOJ, FBI Targeting U.S. Citizens and Foreign Nationals Suspected of Acting as Agents of Foreign Governments

Oberheiden P.C. on

In October 2020, the U.S. Department of Justice (DOJ) filed charges against eight individuals accused of operating “repatriation squads” in the United States on behalf of the People’s Republic of China (PRC). It announced...more

Perkins Coie

China Adopts Measures to Counter Foreign Laws Banning Transactions with Chinese Firms

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The Ministry of Commerce (MOFCOM) released Order No. 1 of 2021 on Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (the Rules) effective on January 9, 2021. The Rules,...more

Womble Bond Dickinson

Resolving TikTok’s Data Issues Country by Country

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India’s Reliance Industries is considering acquiring TikTok’s business in India from ByteDance. We recently discussed the growing distrust by companies and countries of TikTok because of the perceived vulnerability of user...more

Oberheiden P.C.

Theft of U.S. Companies’ IP Assets and Other National Security Issues Involving Foreign Governments and Foreign-Controlled...

Oberheiden P.C. on

Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more

Jones Day

The Holding Foreign Companies Accountable Act and Related Nasdaq Proposed Rule Changes

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Recent measures from U.S. lawmakers and Nasdaq to impose additional requirements on U.S.-listed China-based companies could have wider implications. On May 20, 2020, the U.S. Senate unanimously passed the Holding Foreign...more

Orrick, Herrington & Sutcliffe LLP

S. 945 Introduces New Disclosure Requirements for U.S.-Listed Chinese Companies and Possible Delisting for Non-Compliance

On May 20, 2020, the U.S. Senate passed S.945, the Holding Foreign Companies Accountable Act (“Bill”), which requires certain public companies to disclose whether they are owned or controlled by a foreign government,...more

Perkins Coie

China’s Draft of the Export Control Law

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China is in the process of drafting a new comprehensive Export Control Law, following the June 2017 release of an initial draft for comment (Draft Export Control Law) by the Ministry of Commerce of the People’s Republic of...more

King & Spalding

Deepfakes, Artificial Intelligence, and Corporate Espionage

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This is the third alert in our series on the risks to corporations, including financial services firms, posed by “deepfakes”—a type of technology, powered by artificial intelligence and machine learning, that can be used to...more

Wilson Sonsini Goodrich & Rosati

CFIUS Past, Present, and Future: A 2018 CFIUS Carol

CFIUS Past, Present, and Future: A 2018 CFIUS Carol - The year 2018 was a turning point in the history of the Committee on Foreign Investment in the United States (CFIUS). CFIUS’s change in direction in 2017 suggested that a...more

Pillsbury Winthrop Shaw Pittman LLP

China: Are Joint Ventures the Answer to Trump’s Trade Wars?

The Trump Administration’s tariff wars may cause American companies to move operations offshore, with joint ventures in China one likely option. A joint venture with a Chinese partner can enable a company to respond nimbly...more

Proskauer - Corporate Defense and Disputes

Supreme Court Rules That Federal Courts Are Not Bound to Give Conclusive Effect to Foreign Governments’ Statements About Their...

The Supreme Court ruled today that, when a foreign government presents a formal submission to a federal court about the content of the government’s own laws, the court should accord “respectful consideration” to the...more

Dechert LLP

Ninth Circuit Affirms First Federal Criminal Jury Conviction for Economic Espionage

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The U.S. Court of Appeals for the Ninth Circuit on May 5, 2017 upheld the 2014 convictions of a California businessman, Walter Liew (“Liew”), and his company USA Performance Technology, Inc. (“USAPTI”), for various violations...more

Seyfarth Shaw LLP

Higher Education Institutions are Beginning to Get an Education in the FCPA

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Seyfarth Synopsis: No differently than companies doing business overseas—especially in high-risk markets—American colleges and universities who do business overseas face real risks of violating the Foreign Corrupt Practices...more

Proskauer - Corporate Defense and Disputes

International Comity and Deference: A Foreign Government with Final Say When Interpreting its Own Laws

On Tuesday, the Second Circuit in In Re Vitamin C Antitrust Litigation vacated a $147 million award against two Chinese companies for engaging in anti-competitive behavior. At issue was how a federal court should respond...more

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