On April 8, the Department of Justice’s (“DOJ’s”) final rule on Preventing Access to US Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons (the “Rule”) formally took effect. ...more
4/21/2025
/ Compliance Dates ,
Covered Person ,
Covered Transactions ,
Data Security ,
Department of Justice (DOJ) ,
Effective Date ,
Enforcement Actions ,
Executive Orders ,
Final Rules ,
International Data Transfers ,
National Security ,
Risk Management ,
Sensitive Personal Information
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 January 8, the Department of Justice (DOJ) published its final Rule implementing Executive Order 14117 (EO), “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by...more
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
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
The Committee on Foreign Investment in the United States (CFIUS) reviewed a record number of transactions for national security risks in 2022: 440 covered transactions, up from 436 transactions in 2021, according to its...more
Following a series of public reports, the United States appears close to announcing a new regulatory process to scrutinize US “outbound” investment to countries presenting national security challenges. ...more
2/22/2023
/ Acquisitions ,
CFIUS ,
Compliance ,
Covered Transactions ,
Cross-Border Transactions ,
Foreign Investment ,
Mergers ,
NAICS ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements
On September 15, 2022, President Biden signed an Executive Order (EO) identifying economic sectors that merit special attention for review by the Committee on Foreign Investment in the United States (CFIUS or the Committee)....more
9/20/2022
/ Biden Administration ,
CFIUS ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investors ,
National Security ,
Sensitive Personal Information ,
Supply Chain ,
Technology Sector
The Committee on Foreign Investment in the United States (CFIUS) is reviewing a record number of transactions for national security risks, according to a recently released Annual Report to Congress for Calendar Year 2021. ...more
On Wednesday, May 12, 2021, President Biden issued an ambitious and sweeping Executive Order focused on combating digital threats to US networks and infrastructure. The Executive Order on Improving the Nation’s Cybersecurity...more
5/17/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Federal Contractors ,
Information Technology ,
National Security ,
NIST ,
OMB ,
Supply Chain
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
On October 10, 2018, the US Department of the Treasury launched a significant pilot program to implement part of the Foreign Investment Risk Review Modernization Act (FIRRMA) while final rules are being crafted. The pilot...more
10/17/2018
/ CFIUS ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
ITAR ,
National Security ,
NDAA ,
New Regulations ,
Trump Administration ,
U.S. Treasury
On August 1, 2018, the Senate passed the National Defense Authorization Act for Fiscal Year 2019 (NDAA). The House of Representatives passed the same bill last week, and it will now go to the President for his signature....more
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