On November 30, 2020, New York Governor Andrew Cuomo signed a path-breaking law addressing synthetic or digitally manipulated media. The law has two main components.
First, the law establishes a postmortem right of...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
As in prior years, the National Defense Authorization Act for Fiscal Year 2020 contains a variety of provisions setting U.S. Department of Defense priorities for energy, environmental, and natural resource issues. These...more
The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from...more
11/5/2020
/ CARES Act ,
China ,
Coronavirus/COVID-19 ,
Enforcement ,
Exports ,
False Claims Act (FCA) ,
Federal Contractors ,
Foreign Agents Registration Act (FARA) ,
Huawei ,
National Security ,
Pharmaceutical Industry ,
Presidential Elections ,
Supply Chain ,
Trump Administration ,
US Trade Policies
The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from...more
11/4/2020
/ China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Protection ,
Department of Defense (DOD) ,
Entity List ,
Export Controls ,
Federal Contractors ,
Hong Kong ,
Huawei ,
Human Rights ,
Imports ,
Security ,
Supply Chain ,
Telecommunications ,
Trade Relations ,
US Trade Policies ,
ZTE
The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from...more
11/3/2020
/ CARES Act ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Defense Sector ,
Federal Funding ,
Foreign Direct Investment ,
Imports ,
Onshoring ,
Pending Legislation ,
Proposed Legislation ,
Regulatory Standards ,
Supply Chain ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
Last month, the tea party-affiliated political group FreedomWorks sought to drive social media users to a website peddling unsubstantiated fears of mail-in voting.
To lend an air of authenticity to its message,...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
Federal and state lawmakers across the nation are considering legislation to address what they see as the rising dangers of “deepfakes.” Deepfakes are false yet highly realistic artificial intelligence (AI)-created video,...more
9/26/2019
/ Artificial Intelligence ,
Deep Fake ,
Digital Media ,
Exploitation ,
Internet Service Providers (ISPs) ,
Legislative Agendas ,
Media ,
Online Videos ,
Photographs ,
Private Right of Action ,
Social Networks ,
Video Recordings ,
Websites
On Sept. 1, Texas became the first state in the nation to prohibit the creation or distribution of deepfake videos intended to harm candidates for public office or influence elections. Amid rising fears of the dangers of...more
On June 28, 2019, a large bipartisan group of Senators and Representatives introduced a bill to assess the rising threat of “deepfakes” - manipulated videos that can show people saying things they never said and doing things...more
As in prior years, the National Defense Authorization Act for Fiscal Year 2019 contains a variety of provision setting U.S. Department of Defense priorities for energy, environmental, and natural resource issues. These...more
3/13/2019
/ Department of Defense (DOD) ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Federal Pilot Programs ,
National Security ,
Natural Disasters ,
Natural Resources ,
NDAA ,
Renewable Energy ,
Wildfires
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
The President is scheduled to sign the National Defense Authorization Act for Fiscal Year 2019 (NDAA) on Monday, August 13 at a ceremony at Fort Drum, New York. Named for Senator John S. McCain (R-Ariz.), the bill authorizes...more
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
The National Defense Authorization Act (“NDAA”) may be the most important piece of energy and environmental legislation most people have never heard of. It authorizes the appropriation of federal funds to support the U.S....more
7/27/2018
/ Appeals ,
Energy Sector ,
Environmental Claims ,
Environmental Policies ,
FERC ,
Fracking ,
Market Manipulation ,
Natural Gas ,
Natural Resources ,
NDAA ,
Oil & Gas
On May 24, 2018, the House passed — and now the Senate is considering — the most important piece of energy and environmental legislation it will consider all year. It isn’t a revision to the Endangered Species Act or the...more
BNSF Railway Co. v. Tyrell redefined the contours of a court’s jurisdictional reach by effectively subjecting corporations to general personal jurisdiction only in those states where they are incorporated or have their...more
This is the fifth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more
On June 12, 2017, the U.S. Treasury Department released a 150-page report (the Report) that recommends revamping many of the rules for banks and other financial services firms put in place after the 2008 financial crisis...more
6/22/2017
/ Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Executive Orders ,
Financial CHOICE Act ,
Financial Crisis ,
Financial Regulatory Reform ,
FSOC ,
Stress Tests ,
Trump Administration ,
U.S. Treasury ,
Volcker Rule