National Security

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Cybersecurity News & Notes – July 2016 #4

In Case You Missed It: U.S. Major party platforms address cybersecurity. The two major parties have released their 2016 election platforms, both of which include cybersecurity planks. The Republican platform’s perspective...more

The New Gold Standard for Building Performance - PEER

Electricity-grid vulnerabilities were deeply exposed in the wake of Superstorm Sandy and its associated storm surge, as a single outage at a substation caused a sweeping black-out across downtown Manhattan, New York. Making...more

Top takeaways from North American Leaders' Summit and Canada-Mexico state visit

This past week the North American Leaders' Summit (NALS) was held in Ottawa, Canada, with US President Barack Obama, Mexican President Enrique Pena Nieto and Canadian Prime Minister Justin Trudeau. Prior to the summit,...more

DOJ Criminal Chief Continues Push For More Access To Encrypted Data

On June 6, 2016, during a speech at a Cybercrime Symposium co-organized by the Centers for Strategic and International Studies and the Department of Justice’s (“DOJ”) Computer Crime and Intellectual Property Section,...more

CFIUS Actions Highlight Focus on Critical Technologies and Infrastructure

In its latest report to Congress, the Committee on Foreign Investment in the United States (CFIUS), the US government's interagency body that vets foreign investment with national security implications, reported that it...more

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

U.S. Senate Judiciary Committee Holds Hearing On FISA

On Tuesday, May 10, the Senate Committee on the Judiciary (the “Judiciary Committee”) held a hearing titled “Oversight and Reauthorization of the FISA Amendments Act: The Balance between National Security, Privacy and Civil...more

To Save Secrecy Lawsuit, Twitter Must Challenge DOJ’s Decision to Classify Surveillance Requests

This month, a federal judge dismissed Twitter’s lawsuit challenging limits on the disclosure of government requests for information on Twitter users, pressing the company to file an amended complaint contesting the...more

Controversy on Controversy: Developments in First Amendment Doctrine Respecting Compelled Commercial Disclosures

The First Amendment is well known as a limit on state power to restrain speech. Attempts to censor a newspaper, film, or video game, or to limit discussion in a public forum, are subject to the most exacting — and often...more

"Insights Conversations: Debunking CFIUS Myths"

The Committee on Foreign Investment in the United States (CFIUS) is a critical component of cross-border deals involving U.S. targets. The head of Skadden's CFIUS practice, Ivan Schlager, and Palo Alto corporate partner Ken...more

EU Data Protection Authorities: Privacy Shield needs more work

European Data Protection Authorities have announced that, in their view, further work is required to ensure the proposed EU-US Privacy Shield provides sufficient protection to European data transferred to the United...more

CFIUS Annual Report Shows Items of Interest for Government Contractors

The Committee on Foreign Investment in the United States (“CFIUS”) recently issued its Annual Report to Congress regarding transactions that they reviewed during 2014. Below are highlights of trends and issues gleaned from...more

U.S. Commerce Department Imposes Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On Tuesday, March 8, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment Corporation, known as ZTE, on the Entity List, along with affiliates ZTE Kangxun Telecommunications Ltd., Beijing 8-Star...more

Alert: Newly-Released Data Reveal 50% Increase in CFIUS Filings Over Prior Year

Each year, the US government releases a public version of a classified report to Congress summarizing the government's confidential review of certain foreign investments in the United States. The entity responsible for the...more

"CFIUS’s Annual Report to Congress Highlights Decrease in Investigations, Need for Transparency "

Key Developments - The Committee on Foreign Investment in the United States (CFIUS) is an interagency organization charged with identifying potential national security risks posed by foreign acquisitions of U.S....more

8 Key Takeaways From the CFIUS Annual Report to Congress

FY2014 CFIUS Report reflects significant increase in the number of transactions reviewed for national security risks, with Chinese investors continuing to lead the pack. The Committee on Foreign Investment in the United...more

Drawing the Line: Drafting Non-Compete Agreements in the Government Contracting Sector that Protects Business Interests while not...

Non-compete agreements are traditionally disfavored as unlawful restraints on an employee’s ability to seek future employment. However, courts in Maryland, Virginia, and Washington, D.C. have long recognized that these...more

NLRB Finds Lieutenants Guarding Nuclear Power Plants Lack Supervisory Status

It’s very common for employees to hold quasi-supervisory roles in their workplaces and it’s no different in security firms. In the case of the latter, many would think lieutenants overseeing security forces guarding nuclear...more

President Obama establishes commission on enhancing national cybersecurity

Earlier this week, President Obama, by Executive Order, established the Commission on Enhancing National Cybersecurity within the Department of Commerce. The commission will be comprised of up to 12 members including...more

Foreign investment review and national security

Focus on the US - Scope of foreign investment review expanding in the US - The US maintains an extensive, though voluntary, foreign investment review process under the Committee on Foreign Investments in the US...more

Commission Press Release and FTC Fact Sheet outlines the new EU-US “Privacy Shield”

The European Commission has issued a press release that gives an outline of some key changes to the EU-US safe harbor, now dubbed the “Privacy Shield.” The new accord still needs to be reviewed by the Article 29 Working...more

Film Highlights National Security Need for Renewable Energy

When one thinks of renewable energy and the growing movement to reduce dependence on fossil fuels, the US military is not, perhaps, the first thing that comes to mind. In reality, however, the military is tied inextricably to...more

K-1 Visa Program Under Federal Investigation

K-1 fiance visas offer an option for family-based immigration visas that may require less paperwork and  filing fees than spousal visas. Compared to spousal visas that can take up to two years, fiance visas only take five to...more

Budget Bill Compromise Leads to Historic Reversal of the Ban on Crude Oil Exports

On Friday, December 18, 2015, the U.S. House of Representatives and the Senate passed a bill to fund the federal government through September 2016, which includes a provision lifting the 40-year-old ban on the export of crude...more

Back-Door Access to Encrypted Communications: Weakening Security to Improve Security?

Last month’s terror attacks in Paris have re-ignited the long-standing debate between national security and privacy advocates over whether technology companies should be required to provide the government special access to...more

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