News & Analysis as of September 20, 2024

China

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

6th Circuit Upholds 20-year Sentence of Chinese Spy, Convicted of Espionage Crimes, Attempting to Steal Trade Secrets

Alston & Bird on 8/13/2024

On August 7, 2024, the 6th Circuit upheld a Chinese spy’s twenty-year prison sentence for attempting to steal aviation trade secrets from General Electric (GE). Yanjun Xu, a deputy director in China’s Ministry of State...more

Government Contracts Legal Round-Up – 2024 Issue 9

Jenner & Block on 5/4/2024

Semiconductor Supply Chain Update - FAR Council Released Advance Notice of Proposed Rulemaking - Suppliers of semiconductors to the government beware. The FAR Council released an Advance Notice of Proposed Rulemaking...more

Biden Administration Initiates Inquiry Targeting "Connected Vehicles," with Chinese Electric Vehicles and Supply Chain As Clear...

King & Spalding on 3/7/2024

The Biden Administration announced on February 29, 2024, that it is commencing an inquiry into whether the involvement of “foreign adversaries” in the information and communications technology and services (“ICTS”) supply...more

OFAC Year in Review 2023 – Part 1

Morrison & Foerster LLP on 3/4/2024

2023 was another record year for U.S. sanctions and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). Most prominently, OFAC continued to impose significant additional sanctions on Russia in...more

Critical Infrastructure Organizations Warned to Upgrade Systems and Software

Nossaman LLP on 2/9/2024

In one of the most clear-eyed and sobering assessments of the cyberthreat China poses to our nation’s critical infrastructure, the country’s foremost cybersecurity leaders recently testified that the Chinese Communist Party...more

CISA and FBI Issue Cybersecurity Guidance for the Use of Chinese-Manufactured Drones

Robinson+Cole Data Privacy + Security Insider on 1/26/2024

Last week, the Cybersecurity and Infrastructure Security Agency (CISA) and the Federal Bureau of Investigation (FBI) released Cybersecurity Guidance: Chinese-Manufactured Unmanned Aircraft Systems (UAS), which outlines the...more

Data Privacy + Cybersecurity Insider - January 2024

Robinson & Cole LLP on 1/9/2024

CYBERSECURITY - TechRadar's Cyber Predictions for 2024 are Spot On - Because technology develops so rapidly, and “trends” are fast and furious, it is always hard to predict what the big issues will be for the next...more

2024 Insights: Other Regulatory Developments

Skadden, Arps, Slate, Meagher & Flom LLP on 12/22/2023

AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

Fox Rothschild LLP on 11/2/2023

As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

US Tightens AI Chip Exports to China: New Regulations on Semiconductor and Advanced Computing Supply Chain

Perkins Coie on 11/1/2023

The Biden administration recently unveiled a series of export controls targeting the transfer of advanced computing and semiconductor manufacturing items to the People’s Republic of China (PRC). These strategic measures are...more

High Alert: China Linked BlackTech Hides in Router Firmware

Robinson+Cole Data Privacy + Security Insider on 9/29/2023

Not only is the People’s Republic of China (PRC) a threat with its use of TikTok, but it also supports threat actors that have for years attacked U.S. based companies as well as the governments of the U.S. and Japan....more

[Event] 5th Conference on U.S.-China Trade Controls - October 12th - 13th, Washington, DC

American Conference Institute (ACI) on 9/20/2023

As the only comprehensive, practical event of its kind in the Unites States, ACI is hosting the highly anticipated 5th Annual U.S.-China Trade Controls Conference, scheduled for October 12–13 in Washington, DC. Considering...more

FY24 NDAA: What to Watch Going into Conference

Brownstein Hyatt Farber Schreck on 9/6/2023

Welcome back to Washington where funding the government prior to the beginning of the fiscal year may take top billing, but behind the scenes the Armed Services Committees will begin work in earnest to conference the Fiscal...more

Administration Poised to Act on “Internet of Things” Devices

Pillsbury Winthrop Shaw Pittman LLP on 8/28/2023

The FCC and House of Representatives have begun discussions on the safety and security of IoT modules from China. The FCC adopted a Notice of Proposed Rulemaking to create an Internet of Things (IoT) cybersecurity labeling...more

Executive Order Curbs China-Bound Tech Investment as Treasury Unveils New Rules

Proskauer Rose LLP on 8/24/2023

On August 9, 2023, President Biden signed Executive Order 14105 addressing investments by U.S. persons in certain identified national security technologies in “Countries of Concern,” initially naming The People’s Republic of...more

White House Orders New Rules on U.S. Outbound Investment

WilmerHale on 8/11/2023

The Biden Administration has issued its long-awaited Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (“EO”), which will create a new...more

Reverse CFIUS Unveiled: Focus on China, Semiconductors, Artificial Intelligence, and Quantum Computing

Sheppard Mullin Richter & Hampton LLP on 8/11/2023

On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

Fenwick & West LLP on 8/11/2023

On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more

Reverse CFIUS is Coming: President Biden Issues Executive Order Addressing Certain Outbound Investments by U.S. Persons

Foley Hoag LLP on 8/11/2023

On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more

US Moves To Narrowly Limit Investment in China

Skadden, Arps, Slate, Meagher & Flom LLP on 8/11/2023

On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more

Biden Administration Moves to Restrict Outbound Investment to China

A&O Shearman on 8/11/2023

On August 9, 2023, the Biden Administration issued a long-awaited Executive Order (the EO) that is intended to address the potential national security threats posed by outbound investment from the United States to certain...more

Briefs Illuminate Florida Law Limiting Foreign Persons from Acquiring Real Property

Holland & Knight LLP on 7/13/2023

Briefing on a motion for preliminary injunction is complete in the lawsuit filed to strike Florida Senate Bill 264, Chapter No. 2023-33, Laws of Florida (the Act), which limits select persons from "foreign countries of...more

TikTok Challenges Montana’s Unprecedented Statewide Ban

Proskauer - Minding Your Business on 6/12/2023

Last month, TikTok sued Montana’s attorney general—alleging the state’s recent TikTok ban is unconstitutional and is preempted by federal law. On May 17, Montana Governor Greg Gianforte signed a first-of-its-kind law...more

Revisions to China’s Counterespionage Law and Accompanying Raids on Foreign Businesses Heighten Risks for International Investors...

K2 Integrity on 5/16/2023

Chinese lawmakers approved revisions to the country’s counterespionage law on 23 April 2023, broadening the definition of spying and banning the transfer of any information related to national security interests (which are...more

China’s New ’anti-espionage Law’ Raises Complex Compliance Issues for Multinational Corporations

Morgan Lewis on 5/11/2023

The Second Session of the Standing Committee of the 14th National People’s Congress voted and passed on April 26, 2023 the newly revised “Anti-Espionage Law of the People’s Republic of China” (the New Anti-Espionage Law). The...more

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