News & Analysis as of

Technology Comment Period

Foley Hoag LLP

USTR Seeking Public Comments on Proposed Tariff Increases on Chinese Goods

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As reported in our previous client alert, on May 14, 2024, President Biden announced that he directed his Trade Representative to increase tariffs under Section 301 of the Trade Act of 1974 (Section 301) on a wide range of...more

Goodwin

Designating a Platform Technology: FDA’s Long-Awaited Draft Guidance

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In newly released Draft Guidance from the U.S. Food and Drug Administration (FDA) entitled, Platform Technology Designation Program for Drug Development, the FDA addresses its new designation program for platform...more

Torres Trade Law, PLLC

New BIS Rule Grants Australia and the UK “Nearly” the Same Treatment as Canada

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On April 19, 2024, the Department of Commerce Bureau of Industry and Security (“BIS”) published an interim final rule (“Interim Rule”), amending the Export Administration Regulations (“EAR”) to enhance cooperation and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: The Public Interest Impact – Considerations from AliveCor and Masimo

The year 2023 was marked by two landmark Commission determinations resulting in exclusion orders and cease and desist orders against a popular consumer wearable—the Apple Watch. both investigations focused on health...more

Health Care Compliance Association (HCCA)

In This Month’s E-News: January 2024

The Department of Commerce and the National Institute of Standards and Technology are requesting comments on a “draft guidance framework designed to help federal agencies evaluate when it may be appropriate to exercise...more

Sheppard Mullin Richter & Hampton LLP

The Biden-Harris Administration Releases National Spectrum Strategy

On November 13, 2023, the Biden-Harris Administration issued a National Spectrum Strategy (the Strategy) and Presidential Memorandum on the modernization of U.S. spectrum policy. The Strategy, developed by the National...more

Holland & Knight LLP

Snitches Don't Get Stitches: New Rule Requires Supply Chain Disclosures

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The Federal Acquisition Regulatory Council (FARC) issued a new final interim rule requiring contractors to review their supply chain to ensure no companies, products or services they are providing the federal government or...more

Jones Day

Draft Principles on Advanced Artificial Intelligence Signal Increased Efforts Toward Global Cooperation

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The United States Patent and Trademark Office, along with the U.S. Departments of State and Commerce, sought initial public comment last week on draft guidelines entitled "International Guiding Principles for Organizations...more

Butler Snow LLP

EEOC Releases New Guidance on Harassment in the Workplace

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On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the “EEOC”) released its draft guidance concerning harassment in the workplace. The updated guidance reflects notable changes in law, including the...more

DarrowEverett LLP

Danger, Does Not Compute: SEC Takes Aim at Predictive Data Analytics Per Proposed Rules

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On July 26, 2023, the Securities and Exchange Commission (“SEC”), in a 3-2 vote, issued a release (the “Release”) containing proposed rules to address conflicts of interest associated with broker dealers’ and investment...more

Venable LLP

Preparing for a New Era in Satellite Services: The FCC Updates Spectrum Sharing Rules for NGSO FSS Satellites

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The Federal Communications Commission (FCC) has made a long-awaited revision to its rules for spectrum sharing among non-geostationary (NGSO) fixed-satellite service (FSS) satellite constellations. A Report and Order and...more

Wiley Rein LLP

NTIA Seeks Input on National Spectrum Strategy

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On March 15, 2023, the National Telecommunications and Information Administration (NTIA) released its highly-anticipated Request for Comment (RFC) to help inform the development of the National Spectrum Strategy (Strategy)—a...more

BCLP

USTR to Close Comment Period on Continuation of Section 301 Tariffs on Chinese Imports on January 17

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The U.S. Trade Representative (USTR) is now accepting comments from the public on whether to continue the current Section 301 tariffs on imported goods of Chinese origin. Commenters are guided by a questionnaire that the USTR...more

Venable LLP

U.S.-China Relationship: Assessing the Risk of Marketing Electronics Made Outside the United States

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Just weeks after President Biden and Chinese leader Xi Jinping met face-to-face to restore dialogue between the two countries, the Federal Communications Commission adopted new rules that could limit national security threats...more

Benesch

Opportunity for Comment on Section 301 Duties for China Imports

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​​​​​​​The public will soon have an opportunity to offer comment on the Section 301 duties that were imposed on imports from China under the prior Administration. Recently the Office of the U.S. Trade Representative (“USTR”)...more

Venable LLP

Section 301 Update: USTR Seeks Public Comment on the Efficacy of Section 301 Tariffs

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​​​​​​​In 2017, the Office of the United States Trade Representative (USTR) launched an investigation into the Government of China's acts, policies, and practices related to "technology transfer, intellectual property, and...more

Wiley Rein LLP

Commerce Revises Export Rules on Entity List Companies Involved in Standard-Related Activities

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On September 9, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule authorizing the release of certain U.S. technology and software in the context of standards-related...more

BakerHostetler

NYDFS Proposed Amendments to Its Cybersecurity Rules

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​​​​​​​On July 29, the New York Department of Financial Services (NYDFS) released Draft Amendments to its Part 500 Cybersecurity Rules that include a number of significant amendments to the rules, including notification...more

Dorsey & Whitney LLP

U.S. EPA Proposes New Emissions Guidelines to Reduce Methane from the Oil and Gas Industry

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On November 2, 2021, the U.S. Environmental Protection Agency (“EPA”) issued a proposed rule that is intended to significantly reduce emissions of greenhouse gases (“GHGs”) and other air pollutants from the crude oil and...more

Husch Blackwell LLP

BIS Imposes New Export Restrictions on Software for Biological Equipment

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On October 5, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule in the Federal Register that places new controls on software and technology that can potentially be used for...more

Holland & Knight LLP

Thinking Outside the Box: Last Call for Input Regarding DoD's Evaluation and Valuation of IP

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Late last year in the Holland & Knight blog post, "DOD's New IP Rules May Impact Contractors' Rights in Computer Software and Technical Data," the firm reported on new intellectual property (IP) rules proposed by the U.S....more

McDermott Will & Emery

HHS Releases Draft Federal Health IT Strategic Plan for 2020-2025

The Department of Health and Human Services released its draft 2020-2025 Federal Health IT Strategic Plan for public comment. This article outlines the goals of the plan, as well as challenges in healthcare that ONC hopes the...more

Akin Gump Strauss Hauer & Feld LLP

BIS Publishes a Temporary Unilateral Control on a Type of Machine Learning Software for Automating Analyses of Geospatial Imagery...

Key Points - On January 6, 2020, BIS published an interim final rule to add a new worldwide (minus Canada) unilateral export control on a type of geospatial imagery software specially designed for training Deep...more

ArentFox Schiff

US Issues First Unilateral Export Control on Artificial Intelligence Software

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This software now requires a BIS authorization to be exported or reexported to all countries except for Canada. Companies that develop or use artificial intelligence (AI) to solve geospatial problems or in geospatial...more

ArentFox Schiff

ITAR Defense Controls Catches Up to Modern IT, Allowing Exporters to Use Encryption to Protect Defense Technology on the Cloud

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The good news is that, for the most part, State resisted the temptation to do something just a little different in the ITAR regulation, so the joint Commerce-State solution works. The chart below provides a quick side-by-side...more

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