Critical Infrastructure Sectors

News & Analysis as of

"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

The Chancellor’s Autumn Statement

It’s that time of the quarter again and Chancellor Philip Hammond’s first (and last) Autumn Statement. It’s also the first Statement ‘post-Brexit’. The focus of the Statement has, as predicted, been on austerity versus...more

New barriers to foreign investment in UK strategic infrastructure

Following the government's recent decision to proceed with the Hinkley Point C nuclear power station project (Hinkley Point), ministers are planning a new legal framework for future foreign investment in Britain's critical...more

Federal Regulators Unveil Proposed Cybersecurity Standards for Large Financial Firms

On October 19, 2016, federal regulators issued an Advance Notice of Proposed Rulemaking titled “Enhanced Cyber Risk Management Standards.” The draft standards, jointly released by the Federal Reserve, the Federal Deposit...more

Energy Sector Alert Series: Energy and Environmental Policy Under President Trump

This is the final alert in an eight-week series that provided a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm have addressed issues ranging from cybersecurity, antitrust and...more

2016 Postelection Regulatory Report

The results of the U.S. presidential election are historic and unanticipated, and they will have significant economic, political, legal and social implications. As we prepare for the Trump presidency, many uncertainties...more

China's Cybersecurity Law Imposes New Requirements on Doing Business in China

The Standing Committee of China's National People's Congress (NPC) adopted the country's Cybersecurity Law1 on November 7—the latest in a spate of national security-related measures targeting the ICT industry. Drafts of the...more

What A Trump Card Means In The Game of Construction and Development

Like many of you, I stayed up late on Tuesday night / Wednesday morning to watch the 2016 election returns. I dragged myself into the office after only a few hours of sleep and my phone was immediately ringing. Some clients....more

Towards a UK Investment Act?

Against the background of UK policy moving towards a more nationally-led trade and investment policy following this summer’s referendum, the new UK government is still in the process of establishing its policies regarding...more

China’s Controversial New Cybersecurity Law

Earlier today, the Chinese government in Beijing approved a sweeping new cybersecurity law aimed at centralizing control over computer networks operating within China’s borders. The new law is broadly drafted and...more

New UK Foreign Investment Controls May Restrict PE Deals

As part of UK Prime Minister Theresa May’s new industrial strategy, private equity deal teams should expect a more interventionist approach to the acquisition of strategically important UK businesses by foreign buyers. The UK...more

Minister of Finance Commits to Establish a Canadian Infrastructure Bank

In his fall economic statement on November 1, Mr. Morneau, the federal Minister of Finance, committed the federal government to deliver an additional $81 billion between 2017 and 2027 to fund public infrastructure with an...more

Connecticut Governor appoints State Cybersecurity Czar

Gov. Dannel P. Malloy recently appointed Democrat Arthur H. House the state’s first cybersecurity czar. House moves into the role after serving as the chairman of the Public Utilities Regulatory Authority for the past four...more

World Energy Council Issues New Report on Cyber Risk

Because cyber risk presents a “unique concern” in the energy sector, the World Energy Council has issued a new report entitled “The Road to Resilience: Managing Cyber risks,” to its industry leaders....more

New Foreign Investment Control of UK Critical Infrastructure Projects

Changes will align the UK’s policy framework for ownership and control of critical infrastructure with other major economies. On 15 September 2016, the UK Government announced its delayed approval of the proposed...more

Constitutional Use of Toll Revenue the Subject of Recent Federal Court Decision

Public agencies with toll-setting authority should take note of a recent federal court decision relating to the uses of user fees and toll revenue, as well as the stated goals of the plaintiff in that case. The U.S....more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume IX –...

Last month, we discussed the extent to which a foreign buyer can introduce an unacceptable level of foreign ownership, control, or influence (“FOCI”) that, absent mitigation, will render the target ineligible for the facility...more

Why Clinton and Trump’s Infrastructure Plans Leave Us Wanting More

It’s hard not to pick up your newspaper (or, more likely, your smart phone) and not get caught up reading about Donald Trump’s latest “did he really say that” statement or about the “less than personal” personal email account...more

Cyber Update: What Businesses Must Know about the New Presidential Policy Directive

Last month the White House disclosed how the federal government will coordinate incident response activities in the event of a large-scale cyber incident. While the policy directive is worth reading in its entirety, this...more

The energy sector deals with cyber-risks: key points

Cyber-risks have become a part of life in American business, and the energy sector is certainly not exempt from these dangers. Indeed, the sector’s critical infrastructure has been identified as a global target, and several...more

The Trans-Pacific Partnership Series - Navigating a new era of trade in the Pacific-Rim

The Trans-Pacific Partnership (TPP) presents enormous opportunity for members of the infrastructure and construction sector to grow and diversify, both domestically and globally. In this Part 2 of our two-part series on the...more

European Commission Publishes Communication on Cybersecurity

On 5 July, the European Commission (“EC”) published a communication outlining measures to improve resilience to cyber incidents, improve cooperation and information sharing, and promote innovation and competition in the...more

Immigration Compliance Alert: Increase in Fines for Immigration Related Violations Take Effect on August 1, 2016

Up until 2008, Immigration and Customs Enforcement (ICE) focused its enforcement efforts almost exclusively on undocumented workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only...more

European Parliament Passes Long-Anticipated Network and Information Security Directive

On July 6, 2016, the European Parliament passed the Network and Information Security (“NIS”) Directive, over three years after the initial draft was proposed. The Directive will enter into force in August 2016. EU Member...more

P3s and Tax-Exempt Bonds

In the past, states and local governments have relied in large part on low-cost tax-exempt financing to meet their infrastructure needs. While there is a growing consensus that our present infrastructure needs are great, many...more

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