In another twist as to the future of the Corporate Transparency Act’s (CTA) implementation and judicial intervention, on February 27, 2025, the Financial Crimes Enforcement Network (FinCEN) announced that it will not be...more
3/4/2025
/ Beneficial Owner ,
Compliance ,
Corporate Transparency Act ,
Enforcement Actions ,
FinCEN ,
Penalties ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Small Business ,
U.S. Treasury
On February 17, 2025, the U.S. District Court for the Eastern District of Texas, in Smith, et al. v. U.S. Department of the Treasury, granted the Department of Justice’s request to stay the nationwide injunction that had...more
On February 10, 2025, President Trump signed an Executive Order (E.O.) directing a shift in the enforcement of the Foreign Corrupt Practices Act (FCPA). The order effectively pauses new FCPA investigations and enforcement...more
2/13/2025
/ Anti-Corruption ,
China ,
Compliance ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Trump Administration
On her first day in office, Attorney General Pamela Bondi issued a memorandum signaling a significant shift in the Department of Justice’s (DOJ) approach to Foreign Agents Registration Act (FARA) enforcement. The memorandum...more
2/10/2025
/ Biden Administration ,
China ,
Compliance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Foreign Agents Registration Act (FARA) ,
Foreign Policy ,
Investigations ,
National Security ,
Proposed Rules ,
Regulatory Reform ,
Trump Administration
1. What? Tariff Rates and Legal Authority -
President Trump signed three executive orders imposing new tariffs against Canada, Mexico, and China, following through on prior campaign and post-inauguration promises. While...more
2/4/2025
/ Canada ,
China ,
Compliance ,
Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
National Security ,
Recordkeeping Requirements ,
Section 301 ,
Supply Chain ,
Tariffs
Just days before the inauguration, the Consumer Financial Protection Bureau (the CFPB) issued guidance to states in a report titled, “Strengthening State-Level Consumer Protections: Promoting Consumer Protection Federalism.”...more
As President Trump begins his second term, the absence of tariffs among the more than 200 executive orders signed on his first day in office was a notable deviation from expectations. However, the President announced plans to...more
1/23/2025
/ Canada ,
Compliance ,
Corporate Counsel ,
Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
International Trade Commission (ITC) ,
Mexico ,
National Security ,
Section 301 ,
Tariff Act of 1930 ,
Tariffs ,
Trade Act of 1974 ,
Trade Expansion Act of 1962 ,
Trump Administration ,
US Trade Policies
President-elect Trump has indicated that he will immediately increase tariffs as to imports from multiple countries, most notably China, Mexico, and Canada. However, companies involved in international trade are closely...more
11/27/2024
/ Canada ,
China ,
Compliance ,
Customs and Border Protection ,
Export Administration Regulations (EAR) ,
Free Trade Agreements ,
Imports ,
Mexico ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
In a significant move to bolster the space industry and strengthen international partnerships, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a series of modifications to export controls on...more
11/19/2024
/ Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Export Controls ,
Final Rules ,
Innovation ,
Interim Rule ,
International Trade ,
NASA ,
Popular ,
Proposed Rules
The U.S. Department of Defense (DOD) has published a Final Rule to implement the Cybersecurity Maturity Model Certification (CMMC) program, which establishes minimum cybersecurity requirements for nearly all DOD contracts....more
10/23/2024
/ Compliance ,
Controlled Unclassified Information (CUI) ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Final Rules ,
Sensitive Personal Information ,
Subcontractors
The Department of Justice’s Criminal Division (DOJ) recently announced a Pilot Program on Voluntary Self-Disclosures for Individuals (the Individual VSD Pilot Program or Pilot Program), which allows certain individuals...more
Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a particular viewpoint and...more
In the past five years, the Federal Government and “Qui Tam” Realtors have ramped up False Claims Act (“FCA”) actions against higher education institutions. These actions highlight the scope and breadth of potential FCA...more
1/23/2024
/ Colleges ,
Compliance ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement ,
False Claims Act (FCA) ,
False Statements ,
Fraud ,
Liability ,
Medicaid ,
Medicare ,
Title IV ,
Universities
In recent memory, enforcement of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) regulations has been mostly limited and sporadic. But recently, the U.S. government is reviving and...more
1/22/2024
/ Acquisitions ,
Buyers ,
CFIUS ,
Compliance ,
Due Diligence ,
Enforcement ,
Executive Orders ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
Mergers ,
Sellers ,
U.S. Treasury
The Department of Commerce (the “Department”) announced the launch of the first Notice of Funding Opportunity (“NOFO”) under the CHIPS Act’s incentive program. This program aims to strengthen the U.S. semiconductor supply...more
3/7/2023
/ CFIUS ,
Compliance ,
Export Controls ,
False Claims Act (FCA) ,
Federal Grants ,
FOCI ,
Funding ,
Incentives ,
Loans ,
Manufacturers ,
Semiconductors ,
U.S. Commerce Department
Whether or not a client is involved in civil litigation, the target of a grand jury subpoena or some other request to produce documents, the attorney-client privilege serves as a powerful tool to shield sensitive matters from...more
The ability to petition one’s leaders is long recognized regardless of the form of government. Ever since the Watergate Scandal, the United States has taken the lead on transparency in governmental acts and the interaction...more
Arizona is one of the most progressive states when it comes to citizen led initiatives to create or change (and literally enshrine) laws. However, the procedure to put such initiatives to vote are largely controlled by the...more
With the ever-increasingly complex regulatory environment in the United States, ensuring corporate compliance is neither inexpensive nor easy. Given these difficulties, when the need to conduct an internal investigation...more
On November 10, the Biden Administration proposed the Federal Supplier Climate Risks and Resilience Rule (the “Proposed Rule”). The Proposed Rule would amend the Federal Acquisition Regulations and requires federal...more
In a highly anticipated speech, Deputy Attorney General Lisa O. Monaco delivered remarks outlining updates to the U.S. Department of Justice (“DOJ”) perspective on the Corporate Crime Enforcement policy. These updates are the...more
The Financial Crimes Enforcement Network (“FinCEN”) and the Office of Foreign Assets Control (“OFAC”) have recently stepped up the pressure on virtual currency companies. Increased regulatory scrutiny has largely taken the...more
Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more
7/1/2014
/ Appeals ,
Attorney-Client Privilege ,
Compliance ,
Confidential Communications ,
Contractors ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Contractors ,
Internal Investigations ,
KBR (formerly Kellogg Brown & Root) ,
Upjohn Warnings ,
Work-Product Doctrine
Governments in every country are taking international trade compliance seriously. Unlike other company departments that heavily rely on automation to track supply chain compliance, those departments responsible for...more
The Global Connection has extensively covered the U.S. Foreign Corrupt Practices Act (“FCPA”) over the years. With the advent of the U.K. Bribery Act, the FCPA was finally having real competition by another country as a...more