The U.S. Government has identified the exploitation of Americans' bulk sensitive personal data and U.S. government-related data by "countries of concern" as posing a national security risk....more
The Biden administration has issued a long-anticipated executive order targeting U.S. outbound investment in certain Chinese industries; however, significant steps remain before these measures are fully implemented....more
8/22/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Comment Period ,
Executive Orders ,
Final Rules ,
Foreign Investment ,
National Security ,
Outbound Transactions ,
Popular ,
U.S. Treasury
On September 15, 2022, President Biden issued an EO "elaborating and expanding" upon the factors CFIUS must consider as part of its national security review process. Although the EO does not change the formal CFIUS process or...more
President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation...more
President Biden's Executive Orders on China underscore the need for experienced counsel in U.S.-China transactions as the two countries' relations continue to impact the regulatory landscape. On June 9, 2021, President Biden...more
6/30/2021
/ Biden Administration ,
Blocking Statutes ,
China ,
Executive Orders ,
Foreign Adversaries ,
Foreign Policy ,
Foreign Relations ,
Mobile Apps ,
National Security ,
Software ,
Supply Chain ,
TikTok ,
Trade Retaliation ,
US Trade Policies
President Biden's Executive Order calls for an extensive reassessment and revamping of the federal government's cybersecurity defenses and incident response capabilities, establishing benchmarks that may inform standards...more
Executive Order directs whole-of-government approach and broad regulatory effort.
On May 20, 2021, President Biden issued an Executive Order ("Order") directing agencies to analyze and mitigate "climate-related financial...more
The Situation: President Biden signed an executive order ("Minimum Wage EO" or "EO") seeking to raise the federal minimum wage for government contractor employees, beyond the statutory minimum wage provided by Congress, to...more
The Biden administration's Executive Order on Tackling the Climate Crisis at Home and Abroad ("Executive Order") expands upon the Department of the Interior's Secretarial Order No. 3395 and indefinitely suspends the federal...more
2/3/2021
/ Biden Administration ,
Climate Change ,
Department of the Interior ,
Environmental Policies ,
Executive Orders ,
Mineral Leasing Act ,
Moratorium ,
NEPA ,
Oil & Gas ,
Outer Continental Shelf Lands Act ,
Regulatory Reform
Executive Order directs agencies to repeal rules and policies implementing regulatory reforms.
Included among the seventeen executive orders signed by President Biden on his first day in office was an order revoking six...more
The Issue: Federal agencies have issued subregulatory guidance affecting every industry during the COVID-19 pandemic.
The Situation: The federal government has issued executive orders and memoranda on the proper role of...more
The President issued an executive order directing agencies to address the economic impact of COVID-19 by eliminating regulations, providing reopening guidance to businesses, and recognizing that regulatory compliance can be...more
This action implements a portion of the President's recent Executive Order 13891, "Promoting The Rule Of Law Through Improved Agency Guidance Documents." In that executive order, the President directed agencies to review...more
This action implements a portion of the President's recent Executive Order 13892, "Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication." In that Executive Order,...more
The Situation: A U.S. District Court vacated a $2 million penalty imposed by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") against Exxon Mobil Corporation ("Exxon") because OFAC failed to...more
2/20/2020
/ Due Process ,
Executive Orders ,
Exxon Mobil ,
Fair Notice ,
Fifth Amendment ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Sanction Violations ,
SDN List ,
Trump Administration ,
Vacated
The president issued two executive orders limiting federal agencies' ability to use guidance documents for policymaking and enforcement and promoting transparency and fairness in civil enforcement matters....more
10/15/2019
/ Administrative Agencies ,
Administrative Proceedings ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Fairness Standard ,
New Guidance ,
Regulatory Agencies ,
Regulatory Reform ,
Standard of Conduct ,
Transparency ,
Trump Administration