On his first day in office, President Biden revoked a controversial executive order enacted in September 2020 by then-President Trump, which prohibited federal contractors from conducting certain types of workplace diversity...more
On October 22, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a Request for Information (RFI) in the Federal Register seeking information about any workplace diversity...more
10/29/2020
/ Bias ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Request For Information ,
Sexual Stereotyping ,
Subcontractors ,
Trump Administration
On September 22, 2020, President Trump issued Executive Order 13950, an Executive Order on Combating Race and Sex Stereotyping (the “Order”), prohibiting federal contractors from conducting workplace diversity or...more
10/7/2020
/ Bias ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OMB ,
Race Relations ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
Beginning on August 13, U.S. federal government agencies will be prohibited from issuing new contracts or extending or renewing existing contracts to entities that use certain telecommunications and video surveillance...more
7/21/2020
/ China ,
Entity List ,
Export Administration Regulations (EAR) ,
Federal Acquisition Regulations (FAR) ,
Interim Rule ,
NDAA ,
New Regulations ,
Prime Contractor ,
Telecommunications ,
U.S. Commerce Department ,
ZTE
On June 29, 2020, the Commerce Department issued 32 Frequently Asked Questions (FAQs) concerning revision - effective as of the same date - to Part 744.21 of the Export Administration Regulations (EAR). As we discussed in a...more
7/2/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Defense Sector ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
National Security ,
Russia ,
Technology ,
U.S. Commerce Department ,
Venezuela
On Friday, June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (the Act) became law. The Act modifies previously adopted CARES Act provisions related to the Paycheck Protection Program administered by the...more
On May 15, 2020, the US Department of Commerce announced a rule further targeting Chinese telecommunications company Huawei and its chip-making subsidiary HiSilicon for allegedly engaging in “stepped-up efforts to undermine”...more
Yesterday, the US Department of Commerce Bureau of Industry and Security (BIS) promulgated two new rules and issued a new proposed rule:
..A new final rule that will restrict previously permissible exports to China, Russia...more
4/30/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
National Security ,
New Rules ,
Proposed Rules ,
Russia ,
U.S. Commerce Department ,
Venezuela
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, signed into law on March 28, contains important relief authority for federal contractors affected by the COVID-19 pandemic. Specifically, Section 3610 of the...more
On Friday, March 27, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) became law. The CARES Act is an emergency stimulus package intended to provide financial and other assistance and relief to individuals,...more
On March 18, 2020, President Trump issued an executive order paving the way for the government to use the Defense Production Act (DPA) to prioritize and compel production of materials required to respond to the COVID-19...more
On November 26, the US Department of Commerce issued a long-awaited proposed rule (Proposed Rule) implementing new restrictions designed to protect the US information and communications technology and services (ICTS) supply...more
12/3/2019
/ CFIUS ,
China ,
Comment Period ,
Executive Orders ,
Huawei ,
Information and Communication Technology (ICT) ,
National Security ,
Proposed Rules ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
On May 15, 2019, President Trump issued an Executive Order (EO) declaring a national emergency and paving the way for a ban on the use of Huawei equipment and services in U.S. telecommunication networks. On the same day, the...more
5/17/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Exports ,
General Licenses ,
Imports ,
National Security ,
Savings Clause ,
Supply Chain ,
Telecommunications ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
On August 1, 2018, the US Department of Commerce Bureau of Industry and Security (BIS) published a Federal Register notice stating that the US government had identified 44 Chinese companies as acting contrary to US national...more
Under the Department of Defense (DoD) final Defense Federal Acquisition Regulation Supplement (DFARS) rule on Network Penetration Reporting and Contracting for Cloud Services, DoD contractors maintaining, processing, or...more
Earlier this year, WilmerHale Partners Dave Gammell, Barry Hurewitz and Jeff Johnson discussed the basics of licensing and legal considerations for university licensing agreements such as unique aspects of university licenses...more
HIPAA privacy guidance, audits, and enforcement are continuing under the new Administration.
On March 27, 2017, Iliana Peters, Senior Adviser for HIPAA Compliance and Enforcement at the US Department of Health and...more
On October 21, 2016, the Department of Defense (DoD) issued its final rule on Network Penetration Reporting and Contracting for Cloud Services, amending an interim version issued on August 26, 2015, and revised on December...more
The Privacy Shield framework is a voluntary program that provides companies with a mechanism for complying with EU data protection requirements when transferring personal data from the EU to the US. The framework is open to...more
The European Commission formally adopted the EU-US Privacy Shield on July 12, 2016, ending months of legal uncertainty with a new framework for governing transatlantic data transfers after the Privacy Safe Harbor framework...more
7/13/2016
/ Data Protection Authority ,
Data Retention ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Privacy Policy ,
Self-Certification ,
Surveillance ,
Third-Party ,
U.S. Commerce Department
On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more
On Monday, February 29th, the European Commission and U.S. Department of Commerce released a collection of documents summarizing actions taken on both sides of the Atlantic to implement the new Privacy Shield framework. This...more
3/2/2016
/ Article 29 Working Group ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Self-Certification ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
On January 16, 2016, the United States, its negotiating partners and Iran announced the arrival of Implementation Day for the Joint Comprehensive Plan of Action (JCPOA), to which the parties agreed on July 14, 2015 with...more
On December 30, 2015, the Department of Defense (DoD) issued a second interim rule on Network Penetration Reporting and Contracting for Cloud Services, amending an earlier version issued on August 26, 2015. The new, amended...more
On December 15, 2015, the European Union reached an agreement on the final text of the new General Data Protection Regulation. The Regulation will replace the 1995 Data Protection Directive, which is currently the basis for...more