News & Analysis as of

Department of Justice (DOJ) Exemptions

Lathrop GPM

FTC and DOJ Recommend Renewing and Expanding “Right to Repair” Exemptions Under the Digital Millenium Copyright Act

Lathrop GPM on

The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s...more

Troutman Pepper

FOIA Exemption Questions on Redacted HHS Cannabis Letter

Troutman Pepper on

The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. Originally published in Law360 - January 5,...more

Fox Rothschild LLP

A DCMA Exemption for ‘Right to Repair’?

Fox Rothschild LLP on

The Federal Trade Commission and the DOJ support a Digital Millennium Copyright Act exemption for vehicle operational data to promote the “right to repair.” An exemption currently exists for computer programs that control...more

Venable LLP

Executive Order to Prevent Access to Americans' Bulk Sensitive Personal Data and Government-Related Data by Countries of Concern

Venable LLP on

On February 28, 2024, the Biden Administration issued Executive Order (EO) 13873, focused on restricting certain transactions involving Americans' personal data, as well as sensitive government data, to specific countries....more

Morrison & Foerster LLP

FARA Officials Preview Major Regulatory Changes and Identify New Areas of Focus

The U.S. Department of Justice (DOJ) recently provided fresh insights into upcoming regulatory changes to key Foreign Agents Registration Act (FARA) exemptions and discussed new areas of concern. These insights were shared at...more

American Conference Institute (ACI)

[Event] 5th National Forum on FARA - December 1st, National Harbor, MD

Hosted by American Conference Institute, the 5th National Forum on FARA returns for another exciting year with curated programming that will feature the most complex, high stakes FARA issues at the forefront. This event is...more

Wiley Rein LLP

DOJ Issues Several New FARA Advisory Opinions on Registration Triggers and Exemptions

Wiley Rein LLP on

On October 3, the U.S. Department of Justice (DOJ) FARA Unit published a number of new advisory opinions (AOs) offering guidance and further insight on the Department’s interpretation of certain FARA registration triggers and...more

Wiley Rein LLP

[Webinar] 2022 National Security Series - Overview and Developments of the Foreign Agents Registration Act (FARA) - December 1st,...

Wiley Rein LLP on

Please join us in a discussion on current developments regarding FARA, where we will cover: - An overview of FARA, including reporting requirements and exemptions; - Recent DOJ enforcement efforts and legislative...more

Torres Trade Law, PLLC

Think Tanks May Need to Rethink FARA Registration

Torres Trade Law, PLLC on

When considering who must register under the Foreign Agents Registration Act (“FARA” or “the Act”), one normally thinks of individuals, law firms, or marketing firms, the typical kinds of agents that must register for...more

BakerHostetler

Baseball’s Antitrust Exemption Marks Its 100th Anniversary with a New Challenge

BakerHostetler on

For more than a century, minor league baseball and Major League Baseball (MLB) have thrived in a symbiotic relationship. Minor league teams affiliate with major league teams for financial support and access to major league...more

Venable LLP

New FARA Advisory Opinions Put Nonprofits on Notice

Venable LLP on

A flurry of recent advisory opinions from the Department of Justice’s FARA unit raise new questions about how the Foreign Agents Registration Act (FARA) might apply to the nonprofit community. Adding to the uncertainty, these...more

Morrison & Foerster LLP

DOJ Intends to Significantly Change FARA for the First Time in Decades

Morrison & Foerster LLP on

Last week the U.S. Department of Justice (DOJ) announced that it is seeking public comment as it considers substantive updates to the implementing regulations of the Foreign Agents Registration Act (FARA) for the first time...more

Perkins Coie

DOJ Takes Stance on Mandatory COVID-19 Vaccine Policies: They Do Not Violate Federal Food and Drug Laws

Perkins Coie on

According to a legal opinion posted online on July 26, 2021, the U.S. Department of Justice officially took the position that the Food, Drug, and Cosmetic Act (FDCA)—which authorizes an “emergency use authorization” (EUA) for...more

Morrison & Foerster LLP

FARA Unit Continues Narrow Interpretation Of The Commercial Exemption

Last week’s release of advisory opinions related to the Foreign Agents Registration Act (FARA) – the first such opinions from the new Chief of the Department of Justice’s FARA Unit (the “Unit”) – signal that the Unit will...more

Wiley Rein LLP

[Webinar] 2021 National Security Series: The Foreign Agents Registration Act (FARA) and Recent Developments - June 8th, 2:00 pm -...

Wiley Rein LLP on

FARA is a disclosure statute that seeks to ensure that all persons acting politically or quasi-politically on behalf of foreign entities in the United States properly disclose their activities to the U.S. government. In...more

Snell & Wilmer

McCarron-Ferguson Act Repeal Upends 75 Years of Exemptions for Health Insurers and Sets New Antitrust Enforcement Expectations

Snell & Wilmer on

Since 1945, the McCarran-Ferguson Act (Act) provided insurance companies a limited exemption from federal antitrust laws, exempting certain state-regulated activities that qualified as the “business of insurance." The Act...more

Jones Day

New Law Eliminates 75-Year-Old Antitrust Exemption for "Business of Health Insurance"

Jones Day on

The Development: Congress unanimously passed and before leaving office, President Trump signed into law, the Competitive Health Insurance Reform Act ("CHIRA"). CHIRA limits application of the McCarran-Ferguson Act, an...more

K&L Gates LLP

Increased FARA Enforcement Is Here to Stay - A Debrief on ACI's Second National Forum on FARA

K&L Gates LLP on

Increased Foreign Agents Registration Act (FARA) enforcement is here to stay. That is the consensus view of senior Department of Justice (DOJ) officials responsible for the statute’s administration and enforcement who...more

Goodwin

SEC Adopts Rule Providing New Regulatory Framework For Fund-Of-Funds

Goodwin on

In the News. The Securities and Exchange Commission (SEC) announced that it adopted Rule 12d1-4 under the Investment Company Act of 1940 (the 1940 Act), providing a new regulatory framework for fund-of-funds and final...more

Goodwin

Investment Firms Be on Alert: Antitrust Agencies Propose Changes that Would Increase HSR Filings

Goodwin on

The Federal Trade Commission and the Antitrust Division of the Department of Justice (the “Agencies”) recently proposed two changes to the Hart-Scott-Rodino (“HSR”) rules that, if implemented, will materially impact private...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC and DOJ Propose ‘Modernizing Merger Filing’ Rules

On Monday, September 21, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly released two proposed rule changes to the Hart-Scott-Rodino (HSR) premerger filing requirements for acquiring parties....more

Genova Burns LLC

ACA Attacked By Left and Right; New Jersey’s Response

Genova Burns LLC on

After the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision last December, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A ‘Get Out of Masking Free’ Card Based on the ADA?

It should come as no surprise that the masking debate continues to heat up. In the past week, news outlets and social media platforms have been abuzz about face mask exemption cards....more

Perkins Coie

Law Firms Take Note: Recent DOJ Advisory Opinions Highlight Narrow Scope of the FARA Legal Exemption

Perkins Coie on

In the wake of a global law firm entering into a multimillion-dollar settlement for failing to register as an agent of a foreign principal under the Foreign Agents Registration Act (FARA or the act), other law firms have...more

Vinson & Elkins LLP

Election Interference May Trigger Foreign Media To Increase Registrations Under FARA

Vinson & Elkins LLP on

As previously noted by the V&E Report, enforcement of the Foreign Agents Registration Act (“FARA”) is on the rise due to recent concerns about covert foreign influence in U.S. politics and elections, and one industry has been...more

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