News & Analysis as of

U.S. Commerce Department Final Rules

Fenwick & West LLP

Access Control and Emerging Tech Remain Top Priorities in BIS Regulatory Agenda

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The Bureau of Industry and Security (BIS) has published its spring 2024 regulatory agenda along with the rest of the Commerce Department. Of note is the continued focus on access to emerging technology, particularly relating...more

Proskauer - Labor Relations Update

BREAKING: NLRB Drops Attempt to Revive 2023 Joint-Employer Rule

On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed a pending appeal before the United States Court of Appeals for the Fifth Circuit, which sought to reverse a decision by the Eastern District of...more

Hendershot Cowart P.C.

FTC Votes To Adopt Final Rule To Ban Non-Compete Agreements

Hendershot Cowart P.C. on

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish the “Non-Compete Clause Rule” to ban employers from entering into non-compete clauses with workers on or after the effective date. The rule will be...more

Ruder Ware

Breaking News: FTC Finalizes Nationwide Noncompete Ban

Ruder Ware on

Today the Federal Trade Commission (FTC) voted to finalize a new rule to prohibit employers from enforcing noncompetes against employees. Highlights of the new rule include...more

McDonnell Boehnen Hulbert & Berghoff LLP

FTC Bans Non-Compete Agreements

The Federal Trade Commission, voting 3-2 along party lines, adopted a Final Rule banning non-compete agreements.  The Final Rule allows some narrow exceptions (based both on time and circumstances) but prospectively prohibits...more

ArentFox Schiff

The Federal Trade Commission Attempts to Ban Employee Noncompete Covenants

ArentFox Schiff on

Today, the Federal Trade Commission adopted a final rule purporting to ban noncompete covenants for workers nationwide, which will become effective 120 days after publication in the Federal Register, unless first enjoined in...more

Davis Wright Tremaine LLP

FTC Moves to Approve Final Rule Banning Non-Competes: A Simple Explanation

Occam's Razor holds that sometimes the simplest explanation is the right one. On April 23, 2024, the U.S. Federal Trade Commission ("FTC") took such a view, announcing in a 3-2 vote along party lines that, as the U.S. agency...more

White & Case LLP

United States Expands and Strengthens Enforcement of Antidumping and Countervailing Duty Laws

White & Case LLP on

On March 25, 2024, the US Department of Commerce (“DOC”) published a final rule revising substantive and procedural aspects of antidumping duty (“ADD”) and countervailing duty (“CVD”) investigations. The changes enter into...more

Locke Lord LLP

U.S. Commerce Department ‎Coordinates Efforts With OFAC to Counter National Security ‎Threats

Locke Lord LLP on

The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) introduced a significant final rule on March 20, 2024, intending to fortify national security. This rule amendment enhances restrictions under the Export...more

ArentFox Schiff

Commerce Tidies Up the Russia/Belarus Export Controls and Adds Aircraft and Drones (HTS Ch 88) to Its License Requirements

ArentFox Schiff on

On January 25, almost two years after Russia’s further invasion of Ukraine, the US Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule (the Rule) strengthening existing export controls relating...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

Torres Trade Law, PLLC

Commerce Finalizes ICTS Supply Chain Rule

Torres Trade Law, PLLC on

On June 16, 2023, the U.S. Department of Commerce (“Commerce”) issued a long-awaited final rule (the “Final Rule”), effective July 17, 2023, related to the Information and Communications Technology Supply Chain. Among other...more

Skadden, Arps, Slate, Meagher & Flom LLP

BIS Updates October 2022 Semiconductor Export Control Rules

On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released two interim final rules to reinforce and expand controls on (a) advanced semiconductors and related computing items (the...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Imposes Significant New Controls on Advanced Semiconductors

On October 17, 2023, the Commerce Department’s Bureau of Industry and Security (BIS) released three rules amending the Export Administration Regulations (EAR) that significantly build on the October 7, 2022 semiconductor...more

Dechert LLP

The U.S. Department of Commerce Finalizes the CHIPS Act’s Guardrails to Curb National Security Risks

Dechert LLP on

On September 25, 2023, the U.S. Department of Commerce (“Commerce”) issued the final rule (the “Final Rule”) regarding the use of funds offered under the CHIPS and Science Act (the “CHIPS Act”). The Final Rule...more

Morgan Lewis

US Department of Commerce Finalizes National Security Guardrails for CHIPS Incentives Program

Morgan Lewis on

The Department of Commerce’s (Commerce’s) National Institute of Standards and Technology has officially released final rules to bolster the national security measures implemented as part of the Creating Helpful Incentives to...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Expands Nuclear Export Controls on China

In a rule effective August 11, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) expanded nuclear nonproliferation controls on China, as part of the U.S. government’s latest efforts to address...more

Hogan Lovells

U.S. implements new export controls on toxins, plant pathogens and biological equipment

Hogan Lovells on

The United States Department of Commerce’s Bureau of Industry and Security has issued regulations to amend the Export Administration Regulations to implement changes to controls of certain viruses, marine toxins, plant...more

Oberheiden P.C.

Recent Developments in BIS Charging Letter Protocols Could Damage Your Company’s Reputation

Oberheiden P.C. on

The Bureau of Industry and Security (BIS) in the United States Department of Commerce has experienced a surge in recognition and importance over the past year. This Bureau, and particularly the Office of Export Enforcement...more

Morgan Lewis

US Department of Commerce Implements Anti-Stockpiling Rule

Morgan Lewis on

The US Department of Commerce published a final rule on September 16 implementing President Joseph Biden’s Proclamation 10414, which declared an emergency with respect to US electricity generation capacity. The final rule...more

Husch Blackwell LLP

Biden Administration Pauses New Solar Anticircumvention Tariffs With Final Regulations Related To Imports Of Solar Panels

Husch Blackwell LLP on

On September 16, 2022, the Biden Administration announced the final rule regarding a two-year pause on the imposition of new anticircumvention duties on imports of solar cells and modules from Cambodia, Malaysia, Thailand and...more

Sheppard Mullin Richter & Hampton LLP

Commerce Department Adds Guardrails Against Stockpiling of Certain Solar Cells and Modules During Temporary Waiver of AD/CVD...

On September 16, 2022, the U.S. Commerce Department released its final rule regarding antidumping and countervailing duty (AD/CVD) circumvention inquiries on solar cells and modules from Cambodia, Malaysia, Thailand, and...more

McDermott Will & Emery

Commerce Issues Final Rule Implementing Pause on Possible Circumvention Duties on Solar Panels

McDermott Will & Emery on

The US Department of Commerce (Commerce) has finalized its proposed regulations (Final Rule) implementing Presidential Proclamation 10414. In Proclamation 10414, US President Joe Biden temporarily waived the application of...more

Venable LLP

Russia Update: BIS Expands Existing Export Controls on Russia

Venable LLP on

As Ukraine-Russia peace talks continue, the U.S. government continues to bring the heat. Yesterday, the Department of Commerce, Bureau of Industry and Security (BIS), issued a Final Rule broadly expanding existing...more

Hogan Lovells

The State Department and BIS target Cambodia with more restrictive export controls

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On December 9, 2021, the State Department and the Commerce Department’s Bureau of Industry and Security (BIS) published corresponding Final Rules that add Cambodia to the International Trafficking in Arms Regulations (ITAR) §...more

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