The Federal Acquisition Regulatory Council (FAR Council), the body charged with drafting the regulations affecting government contracts, recently released an advanced notice of proposed rulemaking outlining how it will...more
In 2023, there was an expansion in scope of the discussion around forced labor in the global supply chain. In the United States, the enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) continued to be the main...more
Tensions between the United States and China have increased markedly in recent years, ushering in possible implications for both long-term national security and everyday commerce. As a first step in navigating potential and...more
The comment period has opened for the US Department of Commerce’s recently issued CHIPS for America incentive program notice of proposed rulemaking, which lays out funding requirements, incentives, and restrictions for...more
Investors and targets generally view cross-border transactions from a risk-based perspective. That calculus applies not only to the manner in which an investment is made, but also to the level of diligence conducted, the...more
President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....more
9/22/2022
/ Biden Administration ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Executive Orders ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
Supply Chain
Executive Order 13873 focused on securing the information and communications technology and services supply chain against transactions involving “foreign adversaries.” Companies in the information and communications...more
President Trump’s Executive Order Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies (EO 13959) prohibits transactions by or on behalf of US persons in publicly traded...more
The secretary of the US Department of Energy (DOE) issued an order on December 17 prohibiting electric utilities from installing equipment or components provided by Chinese companies in electric facilities serving designated...more
During the coronavirus (COVID-19) pandemic and related economic downturn, businesses that have laid off workers may be more likely to receive a request for business information from the US Department of Labor in connection...more
This LawFlash provides an overview of the recent executive order limiting the US use of bulk-power system equipment produced by “foreign adversaries,” initial guidance on key questions, and issues that will remain unresolved...more
FEMA exercised the authority recently granted to it by Executive Orders and pursuant to the Defense Production Act to regulate and redirect respirators, surgical masks, gloves, and other personal protective equipment (PPE) ...more
4/15/2020
/ Coronavirus/COVID-19 ,
Crisis Management ,
Defense Production Act ,
Export Controls ,
Federal Contractors ,
FEMA ,
Medical Supplies ,
Personal Protective Equipment ,
Price Gouging ,
Public Contracts ,
Supply Chain
Companies complying with orders under the Defense Production Act should be aware, and prepared to manage, potential False Claims Act liability that arises with government funding. As the current global and national crisis of...more