The U.S. Consumer Product Safety Commission (CPSC) has published a final rule adopting a mandatory safety standard for consumer products that utilize button cell or coin batteries. CPSC enacted the rule as required by...more
The U.S. Consumer Product Safety Commission last week published a final rule finding that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopting it as a...more
On September 17, 2019, the United States Department of the Treasury issued two proposed rules relating to the operations and jurisdiction of the Committee on Foreign investment in the United States (“CFIUS”). One proposed...more
For businesses that receive Congressional subpoenas or document requests, it’s important to remember that there are significant differences between such requests and traditional document requests from law enforcement...more
Marketing Institute v. Argus Leader Media, 2019 WL 2570624, 588 U.S. - - - (June 24, 2019) (“FMI”), it made confidential commercial and financial information provided to the U.S. government by private parties subject to...more
7/3/2019
/ Appeals ,
Burden of Proof ,
Competition ,
Confidential Information ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Public Disclosure ,
SCOTUS ,
Split of Authority ,
Substantial-Competitive-Harm Test ,
Trade Secrets
Parties to transactions requiring review by the Committee on Foreign Investment in the United States (“CFIUS”) and/or the United States Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”)...more
Washington, D.C., is bracing for a new round of congressional investigations as a result of the November 2018 election changing control of the House of Representatives from “Red” to “Blue.” There may be significant...more
On October 10, 2018, CFIUS published what may be only its first set of interim rules implementing specific provisions of the Foreign Risk Review Modernization Act (FIRRMA). These rules: (1) create a pilot program both...more
10/16/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
NAICS ,
National Security ,
NDAA
On August 13, President Trump signed into law the National Defense Authorization Act of 2019 (NDAA), a $716 billion defense spending bill that includes the Foreign Investment Risk Review Modernization Act (FIRRMA), which...more
The new U.S. CLOUD Act directly addresses the very real challenges faced by law enforcement agencies in the U.S. and internationally in accessing increasingly globalized communications data and provides clarity to...more
On March 12, 2018, President Trump issued an Executive Order blocking the proposed $117 billion hostile takeover of Qualcomm Incorporated by Broadcom Limited following a recommendation from the Committee on Foreign Investment...more
President Trump has announced an additional nominee for the Federal Trade Commission, naming Christine Wilson to fill the remaining Republican seat. Ms. Wilson currently serves as a Senior Vice President at Delta Airlines,...more
On January 2, 2018, MoneyGram International Inc. and Ant Financial Services Group announced that they had terminated their Amended Merger Agreement after they were unable to obtain approval of the transaction from the...more
Change may be coming to the Committee on Foreign Investment in the United States (CFIUS), but any changes to the jurisdiction or process used by the multi-agency committee that reviews foreign investments in U.S. business for...more
President Trump has announced his nominee for Chair of the Federal Trade Commission, naming Joseph Simon to the position. The President has also announced two additional nominees to fill seats on the Commission, Rohit Chopra...more
On September 13, 2017, President Trump issued an Executive Order citing unresolved national security concerns in prohibiting the $1.3 billion acquisition of a publicly traded semiconductor manufacturer by a group of investors...more
On January 17, 2017, the Antitrust Division of the U.S. Department of Justice (“Antitrust Division”) issued an update to its 2008 “Frequently Asked Questions about the Antitrust Division’s Leniency Program and Model Leniency...more
Normally, a scheme to defraud another individual would be a state crime, prosecuted and sentenced at the state level (leaving aside use of U.S. mail or wires). To be convicted of the state crime of fraud usually requires...more
As we discussed in a recent alert, the Committee on Foreign Investment in the United States (CFIUS) refused to approve the proposed $710 million acquisition of Aixtron GE, a German-based technology company, by Grand Chip...more
According to a press release issued on November 21, 2016, the Committee on Foreign Investments in the United States (CFIUS) refused to approve the proposed $710 million acquisition of technology company Aixtron GE of Germany...more
On June 13, Congress passed the FOIA Improvement Act of 2016, and President Obama signed the bill into law on June 30, nearly 50 years after the original Freedom of Information Act (“FOIA”) was first enacted. The new law was...more
In the lore of the Wild West, when an outlaw needed to escape the hangman’s noose, he made a run for the border, hoping to cross the border before the sheriff could catch him. Today, with the Wild West of the Internet, where...more
7/19/2016
/ Contempt ,
Criminal Investigations ,
Electronically Stored Information ,
Email ,
Extraterritoriality Rules ,
Grand Juries ,
Ireland ,
Law Enforcement ,
Microsoft ,
Motions to Quash ,
Search Warrant ,
Stored Communications Act ,
Subpoenas
The Consumer Product Safety Commission (CPSC) is giving some manufacturers and importers of adult clothing a break: eliminating the requirement that they issue certificates of compliance for fabrics that have already been...more
The recently published annual report of the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) for calendar year 2014 makes clear that parties to potential foreign investment in the United States...more
At the end of 2015, the US Department of Defense (DoD) issued a second interim rule, effective immediately, modifying cyber security control requirements it issued earlier in 2015. In particular, this second interim rule (1)...more