In Learning Resources, Inc. v. Trump, a divided Supreme Court held that the president lacks authority to impose tariffs under the International Economic Emergency Powers Act ("IEEPA")....more
2/24/2026
/ Constitutional Challenges ,
Court of International Trade ,
Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Learning Resources Inc v Trump ,
Presidential Proclamations ,
SCOTUS ,
Statutory Interpretation ,
Tariffs ,
Trade Act of 1974 ,
Trump Administration ,
US Trade Policies
Effective November 10, 2025, the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") formally suspended enforcement of its newly announced Affiliates Rule for one year following a U.S.–China framework trade...more
11/21/2025
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Controls ,
Extraterritoriality Rules ,
Interim Final Rules (IFR) ,
International Trade ,
Rare Earth Metals ,
Trade Agreements ,
Trade Relations ,
U.S. Commerce Department ,
US Trade Policies
On October 9, 2025, China's Ministry of Commerce ("MOFCOM") unveiled several new measures tightening export controls of sensitive materials and technologies. Most notably, the new measures assert extraterritorial controls on...more
10/28/2025
/ China ,
De Minimus Doctrine ,
Dual Use Goods ,
Export Controls ,
Exports ,
Extraterritoriality Rules ,
Lithium Batteries ,
MOFCOM ,
Multinationals ,
National Security ,
Rare Earth Metals ,
Regulatory Reform ,
Semiconductors ,
Supply Chain ,
Trade Policy
In a move that will change how companies make decisions regarding sensitive technologies and products, President Trump signed into law the Maintaining American Superiority by Improving Export Control Transparency Act (the...more
On September 29, 2025, the United States significantly expanded the reach of export controls. The U.S. Department of Commerce's Bureau of Industry and Security ("BIS") released an interim final rule, that applies Entity List...more
10/3/2025
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Due Diligence ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Entities ,
General Licenses ,
Military End Use ,
New Regulations ,
Trump Administration ,
U.S. Commerce Department
The National Institute of Standards and Technology ("NIST") recently updated its 2020 Privacy Framework 1.0 to include artificial intelligence ("AI") risk management....more
China has recently taken several actions showing its commitment to counter trade restrictions imposed by other countries. In March 2025, it released regulations implementing the 2021 Anti-Foreign Sanctions Law. In tandem with...more
4/14/2025
/ China ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Foreign Policy ,
Foreign Relations ,
International Trade ,
Multinationals ,
National Security ,
Regulatory Requirements ,
Trade Relations
The Situation: After President Trump issued an Executive Order ("EO") that creates a process to designate international cartels and other organizations as "Foreign Terrorist Organizations" ("FTOs") or "Specially Designated...more
3/3/2025
/ Anti-Money Laundering ,
Cartels ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Financial Services Industry ,
Justice Against Sponsors of Terrorism Act (JASTA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Terrorist Organizations ,
Trump Administration ,
U.S. Treasury
On January 15, 2025, the European Commission ("EC") published a Recommendation ("EU Recommendation") urging European Union Member States to start reviewing outbound investments outside of the EU in three strategic sectors:...more
The U.S. Commerce Department's Bureau of Industry and Security ("BIS") issued a rule establishing a framework to prevent U.S. adversaries from accessing the most advanced artificial intelligence ("AI") systems while...more
2/6/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Export Controls ,
Innovative Technology ,
Licensing Rules ,
National Security ,
Regulatory Requirements ,
Risk Management ,
Semiconductors ,
U.S. Commerce Department
The final rule establishes prohibitions and restrictions on the transfer of certain data due to national security risks from specified countries of concern....more
1/16/2025
/ Data Brokers ,
Data Privacy ,
Data Protection ,
Data Transfers ,
Department of Justice (DOJ) ,
Export Controls ,
Final Rules ,
International Data Transfers ,
National Security ,
Personal Data ,
Regulatory Requirements ,
Reporting Requirements
The United States Court of Appeals for the Fifth Circuit ruled that the Office of Foreign Assets Control ("OFAC") exceeded the authority granted by the International Emergency Economic Powers Act ("IEEPA") when it added the...more
The Transportation Security Administration's ("TSA") proposed rule would require owners and operators of certain pipeline, freight railroad, passenger railroad, rail transit, and over-the-road bus ("OTRB") systems to...more
12/2/2024
/ Comment Period ,
Cybersecurity ,
Infrastructure ,
Oil & Gas ,
Pipelines ,
Proposed Rules ,
Railroads ,
Regulatory Agenda ,
Risk Management ,
Rulemaking Process ,
Surface Transportation ,
Transportation Security Administration
While the total number of filings declined in comparison to recent years, CFIUS's latest Annual Report to Congress highlights an uptick in penalties and an increased use of enforcement tools relating to national...more
On July 8, 2024, the U.S. Department of the Treasury ("Treasury") issued a proposed rule to expand the Committee on Foreign Investment in the United States' ("CFIUS") jurisdiction over certain categories of foreign investment...more
The Situation: On June 21, 2024, the U.S. Department of the Treasury ("Treasury") issued a notice of proposed rulemaking to implement President Biden's executive order mandating national security review of certain U.S....more
On May 13, 2024, President Biden signed into law the Prohibiting Russian Uranium Imports Act ("the Act"), which bans imports of low-enriched uranium ("LEU") produced in Russia or by a Russian entity. The Act will go into...more
On April 11, 2024, the Treasury Department announced a prepublication copy of a proposed rule amending the regulations of the Committee on Foreign Investment in the United States ("CFIUS") (the "Proposed Rule")....more
CISA's proposed rules will require organizations operating in U.S. critical infrastructure sectors to report cyber incidents within 72 hours and ransom payments within 24 hours. ...more
In recent years, the world has witnessed heightened sensitivity surrounding foreign investments, leading to increased regulatory scrutiny of foreign direct investments ("FDI") on the basis of national security concerns. The...more
Amending prior requirements, medical device manufacturers and importers have two years to comply with FDA's Quality Management System Regulation final rule, a similar approach to prior good manufacturing practices but with...more
The National Institute of Standards and Technology ("NIST") released a significant update to its framework, expanding its scope and reach to cover a broader audience and evolving cybersecurity risks and management issues....more
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
On December 26, 2023, the Department of Defense ("DoD") published a proposed rule to implement the Cybersecurity Maturity Model Certification ("CMMC") 2.0, which will establish comprehensive cybersecurity requirements for...more
The U.S. Department of Commerce's Bureau of Industry and Security ("BIS") recently released two rules to update export controls on advanced semiconductors, semiconductor development and production, and items that support...more