In 2024, the Biden Administration substantially expanded executive branch power to monitor foreign investment into and out of the United States. First, the administration continued efforts to aggressively police compliance...more
2/13/2025
/ Acquisitions ,
Artificial Intelligence ,
CFIUS ,
China ,
Cross-Border Transactions ,
Export Controls ,
Foreign Investment ,
Investment ,
Investment Opportunities ,
Mergers ,
National Security ,
Technology Sector ,
Trump Administration
On October 28, the Biden Administration released its long-awaited final rule to restrict U.S. investment in China. This outbound investment regime, which is effective January 2, 2025, will impact all U.S. companies and...more
11/5/2024
/ Artificial Intelligence ,
Biden Administration ,
China ,
Compliance ,
Corporate Counsel ,
Final Rules ,
Foreign Investment ,
National Security ,
Outbound Transactions ,
Technology Sector ,
U.S. Treasury
With the publication of a recent Notice of Proposed Rulemaking (NPRM), the Department of Justice National Security Division will soon become an important new regulator of transactions involving the transfer of sensitive U.S....more
10/29/2024
/ Biden Administration ,
China ,
Civil Investigation Demand ,
Comment Period ,
Compliance ,
Covered Person ,
Cross-Border Transactions ,
Data Retention ,
Department of Justice (DOJ) ,
Due Diligence ,
Executive Orders ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Personal Data ,
Proposed Rules ,
Regulatory Authority ,
Russia ,
Sensitive Personal Information
On February 28, 2024, President Biden signed Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and U.S. Government-Related Data by Countries of Concern” (the EO), under the authority of the...more
3/4/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Consumer Financial Protection Bureau (CFPB) ,
Data Transfers ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
Rulemaking Process ,
Russia ,
Sensitive Personal Information
The Biden Administration has issued its long-awaited Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (“EO”), which will create a new...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
NAICS ,
National Security ,
Outbound Transactions ,
Popular ,
Proposed Regulation ,
Supply Chain ,
Technology Sector ,
U.S. Treasury
On March 10, 2021, the Federal Bureau of Investigation (FBI or Bureau) issued a Private Industry Notification (PIN) advising companies that “[m]alicious actors almost certainly will leverage synthetic content for cyber and...more
The administration of President-elect Joe Biden and Vice President-elect Kamala Harris will break sharply from the policies of the Trump Administration in many ways. But one area where we expect more continuity than change is...more
On December 20, 2019, President Trump signed the nation’s first federal law related to “deepfakes.” Deepfakes are false yet highly realistic artificial intelligence-created media, such as a video showing people saying things...more
12/24/2019
/ Artificial Intelligence ,
China ,
Deep Fake ,
National Science Foundation ,
National Security ,
NDAA ,
New Legislation ,
NIST ,
Reporting Requirements ,
Russia ,
Technology
On May 15, 2019, President Trump issued an Executive Order (EO) declaring a national emergency and paving the way for a ban on the use of Huawei equipment and services in U.S. telecommunication networks. On the same day, the...more
5/17/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Exports ,
General Licenses ,
Imports ,
National Security ,
Savings Clause ,
Supply Chain ,
Telecommunications ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
In its latest report to Congress, the Committee on Foreign Investment in the United States (CFIUS), the US government's interagency body that vets foreign investment with national security implications, reported that it...more
6/6/2016
/ Acquisitions ,
Annual Reports ,
Canada ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Defense Sector ,
Divestment ,
Due Diligence ,
Foreign Investment ,
Japan ,
National Security ,
Supply Chain ,
UK
With interconnectivity and use of digital storage expanding, cyberthreats posed by nation states, commercial competitors, company insiders, transnational organised crime and ‘hacktivists’ are growing on a global basis. Recent...more
3/7/2016
/ China ,
Cloud Computing ,
Credit Cards ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Disclosure Requirements ,
EU ,
European Court of Justice (ECJ) ,
Executive Orders ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Popular ,
Securities and Exchange Commission (SEC) ,
Trade Secrets ,
Trans-Pacific Partnership ,
UK ,
US-EU Safe Harbor Framework