National Security

News & Analysis as of

D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security...

On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant...more

CFIUS Process and Due Process: Presidential orders blocking transactions on national security grounds – the process, and the...

The President of the United States, acting upon the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”) has the power to block or unwind any transaction – i.e., merger, acquisition, takeover...more

"Court Finds CFIUS Violated Ralls Corporation’s Due Process Rights"

On July 15, 2014, the United States Court of Appeals for the District of Columbia remanded Ralls Corporation’s (Ralls) precedent-setting case against the Committee on Foreign Investment in the United States (CFIUS or the...more

Ralls v. CFIUS

A U.S. Appellate Court has ruled for the first time that the U.S. government must provide access to at least some of the evidence relied upon by the President and the Committee on Foreign Investment in the United States...more

Status Updates - July 2014 #6

..A St. Louis juror’s use of Google to learn something about punitive damages during a trial, while qualifying as “knucklehead misconduct,” was not a sufficient basis for overturning the jury’s verdict, a judge has held...more

Oral Arguments Held in First-Ever Challenge to CFIUS National Security Review of Foreign Investments in the United States

On May 5, the US Court of Appeals for the District of Columbia (DC Circuit) heard oral arguments in Ralls Corp. v. CFIUS et al. The case is the first ever challenge to the review process conducted by the Committee on Foreign...more

FCPA Compliance And The Convergence Of US Security, Economic And Foreign Policy Interests

In a private meeting, the king [King Abdullah of Saudi Arabia] committed to a $60 billion weapons deal including the purchase of eighty-four F-15’s, the upgrade of seventy-15s already in the Saudi air force, twenty-four...more

The SAFETY Act: Providing Critical Liability Protections for Cyber and Physical Security Efforts

Since September 11, 2001, Americans have been keenly aware of the need to better protect both the people and assets of the United States from those who may be intent on doing us harm. We have seen, and largely accepted,...more

Implications of U.S. Sanctions Program on Intellectual Property Owners

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program"). 31...more

Google gives UK “super flagger” powers

Google has granted the UK security services privileged “super flagger” status over YouTube videos, which enables the government to alert YouTube to videos deemed to threaten national security....more

The Download - February 2014

In this issue: - Heard on the Hill - Around the Agencies - White House Developments - Venable News - Excerpt from Heard on the Hill: Congress Holds Hearings on Preventing Data...more

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

CFIUS Annual Report Shows Increased Focus on Chinese Investment

The Committee on Foreign Investment in the United States (“CFIUS”), the inter-agency group that conducts national security reviews of foreign acquisitions of U.S. businesses, recently issued its Annual Report to Congress for...more

USCIS to Expand Site Visit Program to Include L-1 Petitioners

Employers of L-1 transferees should now set up processes to deal with such visits. U.S. Citizenship and Immigration Services (USCIS) recently announced its intention to begin conducting worksite inspection visits to...more

"National Security Reviews of Foreign Investments in US Businesses Show No Signs of Slowdown in 2014"

Over the past two years, the Committee on Foreign Investment in the United States (CFIUS) has applied increased scrutiny to foreign investments in U.S. businesses. CFIUS reviews the national security implications of such...more

CFIUS Issues Its 2013 Annual Report to Congress

Number of Filings by Chinese Acquirers Increased Dramatically; First Transaction Blocked by Presidential Order Since 1990 - The Committee on Foreign Investment in the United States (CFIUS), a multi-agency U.S....more

ML Strategies' Washington Outlook for 2014

In This Update: ..1. Introduction ..2. Agriculture ..3. Defense & National Security ..4. Education ..5. Energy & Environment ..6. Financial Services ..7. Foreign Policy ..8. Health Care ..9....more

Time to Comply: New DoD Rules Governing Supply Chain Risk Information and Unclassified Controlled Technical Information

cGovernment contractors should be aware of recent Department of Defense (DoD) rules governing Information Relating to Supply Chain Risk, 78 Fed. Register 69,268 (Nov. 18, 2013) and Unclassified Controlled Technical...more

Sanctions Round-Up: Fourth Quarter 2013

As 2013 drew to a close, a potentially groundbreaking agreement was reached with Iran regarding its nuclear program, leading to much speculation about how certain sanctions might be suspended, and under what conditions. While...more

The Twelve Days of Surveillance

It seems like a new revelation about mass surveillance by the U.S. government and our allies occurs on an almost daily basis, each one more astounding than the last. Don’t be surprised if those jingling bells you hear on your...more

DOD Issues Interim Rule on Supply Chain Security

On November 18, 2013, the U.S. Department of Defense (DOD) published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) that will likely prove controversial through the inclusion of supply...more

Congressional "P3 Caucus" Holds First Public Meeting

The Congressional Public Private Partnerships (P3) Caucus held its first public event on Tuesday, November 19 in the Cannon House Office Building. Co-chairs Reps. Mike Rogers (R-AL) and Gerald Connolly (D-VA) were joined by...more

Capital Thinking: Cybersecurity

This Week’s Hearings: - Wednesday, November 13: The House Homeland Security Committee will hold a hearing at 10:00 am titled “Cyber Side-Effects: How Secure is the Personal Information Entered into the Flawed...more

U.S. Court Rejects Challenge To CFIUS National Security Review

This blog previously reported in July 2013 on a lawsuit that Ralls Corporation brought against the President of the United States and the Committee on Foreign Investment in the United States challenging the President’s order...more

Photographers’ Rights in California

What rights do a photographer have to take a photo and what limits may law enforcement or the courts impose on those rights? The courts in California have not clearly defined these rights. However, some guidance can be...more

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