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
Assets Control (OFAC) and Financial Crimes Enforcement Network (FinCEN) each issued advisories addressing the risks associated with facilitating ransomware payments: the Advisory on Potential Sanctions Risks for Facilitating...more
On March 18, 2020, President Trump issued an executive order paving the way for the government to use the Defense Production Act (DPA) to prioritize and compel production of materials required to respond to the COVID-19...more
Disinformation and “deepfakes” pose growing threats to the private sector. Already, disinformation has been weaponized to harm brands, move markets, and undermine trust in companies and industries. One recent study estimated...more
3/13/2020
/ Artificial Intelligence ,
Audio Recording ,
Cyber Threats ,
Deep Fake ,
Employer Liability Issues ,
Extortion ,
False Evidence ,
Government Investigations ,
Harassment ,
Insurance Fraud ,
Market Manipulation ,
Photographs ,
Reputational Injury ,
Risk Mitigation ,
Video Recordings
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
The US Department of the Treasury recently published for public comment two proposed regulations that will expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) and make substantive...more
9/27/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
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
This is the fourth article in a series of five articles written by WilmerHale lawyers discussing how the emergence of IoT technologies will impact the automotive industry. The first article, ‘‘The Developing Landscape of...more
12/18/2018
/ Automotive Industry ,
California Consumer Privacy Act (CCPA) ,
Connected Cars ,
Data Collection ,
Data Security ,
Department of Transportation (DOT) ,
Driverless Cars ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet of Things ,
NHTSA ,
Regulatory Agenda
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
Despite generally favorable macroeconomic conditions, high levels of cash among strategic acquirers and low interest rates, the number of reported M&A transactions and deal value worldwide both declined for the second...more
Under the Department of Defense (DoD) final Defense Federal Acquisition Regulation Supplement (DFARS) rule on Network Penetration Reporting and Contracting for Cloud Services, DoD contractors maintaining, processing, or...more
President Obama amended a previously-issued executive order designed to address cyber-enabled activities yesterday in response to “Russia's cyber activities [that] were intended to influence the election, erode faith in U.S....more
In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more
On October 21, 2016, the Department of Defense (DoD) issued its final rule on Network Penetration Reporting and Contracting for Cloud Services, amending an interim version issued on August 26, 2015, and revised on December...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
On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more
Legal Framework -
Summarise the main statutes and regulations that promote
cybersecurity. Does your jurisdiction have dedicated
cybersecurity laws?
The United States generally addresses cybersecurity...more
3/7/2016
/ Cloud Computing ,
Computer Fraud and Abuse Act (CFAA) ,
Cyber Incident Reporting ,
Cyber Insurance ,
Cybersecurity ,
Cybersecurity Act of 2015 ,
Data Protection ,
DFARS ,
DMCA ,
ECPA ,
Federal Trade Commission (FTC) ,
FERC ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
NIST ,
PCI-DSS Standard ,
Popular ,
Risk Management ,
Sarbanes-Oxley ,
State Data Breach Notification Statutes
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
On December 30, 2015, the Department of Defense (DoD) issued a second interim rule on Network Penetration Reporting and Contracting for Cloud Services, amending an earlier version issued on August 26, 2015. The new, amended...more
On December 18, 2015, Congress passed, and the President signed, the Cybersecurity Act of 2015, which provides authorization and liability protection for cybersecurity monitoring and information-sharing and authorization for...more
On Wednesday, April 29, the US Department of Justice released guidance titled “Best Practices for Victim Response and Reporting of Cyber Incidents.” The guidance outlines steps companies should take before, during, and after...more
On April 9, the New York State Department of Financial Services (NYDFS) released a report on bank vendor cybersecurity that highlights the risk that hackers will use third-party service providers to gain access to bank data....more
On April 1, 2015, President Obama issued an Executive Order authorizing the imposition of sanctions against designated individuals or entities found to be engaged in malicious cyber activity, including various forms of...more