In its first major initiative, on March 21, 2025, the Federal Communications Commission’s (FCC’s) newly formed Council on National Security (Council) launched an investigation into the “ongoing U.S. operations” of businesses...more
On February 21, 2025, the White House released President Donald Trump’s “America First Investment Policy” memorandum (Investment Policy), which outlined several initiatives to incentivize investment from U.S. allies and...more
On February 1, 2025, President Donald Trump signed executive orders imposing tariffs on almost all imports from Canada, Mexico and China. Tariffs on China became effective on February 4, 2025, while Canada and Mexico reached...more
2/7/2025
/ Canada ,
China ,
Executive Orders ,
Exports ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
National Security ,
Opioid ,
Popular ,
Retaliatory Tariffs ,
Supply Chain ,
Tariffs ,
Trump Administration
Several of President Donald Trump’s initial actions — from an executive order instituting a new artificial intelligence (AI) policy framework, to those directing the use of the U.S. military to provide border security, the...more
2/4/2025
/ Artificial Intelligence ,
CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Supply Chain ,
Technology Sector ,
Trump Administration ,
U.S. Commerce Department
Key Points -
- President-elect Trump’s tariff threats have created considerable uncertainty for importers and U.S. businesses relying on imports.
- The incoming president could impose 25% tariffs on Canada and Mexico, and...more
1/15/2025
/ Canada ,
China ,
Donald Trump ,
Importers ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
National Security ,
Section 301 ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trade Relations ,
Trump Administration
On October 29, 2024, the U.S. Department of Justice (DOJ) published a proposed rule (Proposed Rule) that would restrict or prohibit certain transactions with China, Russia and other countries of concern involving U.S....more
12/18/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Compliance ,
Covered Person ,
Data Security ,
Department of Justice (DOJ) ,
Executive Orders ,
International Data Transfers ,
Prohibited Transactions ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
Russia ,
Sensitive Personal Information ,
Trump Administration
On November 25, 2024, President-elect Donald Trump announced that, on his first day in office, he would impose new tariffs on all imports from Canada, Mexico and China.
Specifically, in posts on the social media platform...more
12/2/2024
/ Asia Pacific ,
Canada ,
China ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
National Security ,
Popular ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trading with the Enemy Act ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
With the rapid commercialization of artificial intelligence (AI) technology, the Biden administration has been grappling with its implications, including its potential impact on national security. Several departments have...more
11/22/2024
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Export Controls ,
Machine Learning ,
National Security ,
Political Campaigns ,
Regulatory Agenda ,
Reporting Requirements ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
On May 14, 2024, President Joe Biden announced that he had directed the Office of the U.S. Trade Representative (USTR) to add or increase tariffs on a range of goods originating from China, including electric vehicles (EVs),...more
5/15/2024
/ Batteries ,
Biden Administration ,
Charging Stations ,
China ,
Electric Vehicles ,
International Trade ,
National Security ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies ,
USTR
AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more
12/22/2023
/ Acquisitions ,
Artificial Intelligence ,
CFIUS ,
China ,
Cybersecurity ,
Data Privacy ,
Energy Sector ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Litigation ,
Investment ,
IRS ,
Mergers ,
National Security ,
New Hires ,
New Legislation ,
New Regulations ,
Outer Space ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Taxation ,
Technology Sector ,
Trade Relations ,
Trade Restrictions ,
UK
The economic relationship between China and the U.S. remains one of the most significant in the world, and U.S. and Chinese government leaders have repeatedly signaled their intent to maintain stable trade and commercial...more
12/21/2023
/ Asia Pacific ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Export Controls ,
Investment ,
National Security ,
NDAA ,
Popular ,
Supply Chain ,
Technology Sector ,
Telecommunications
The Uyghur Forced Labor Prevention Act (UFLPA) enforcement landscape continues to evolve, as evident in several recent developments:
On October 24, 2023, the Congressional-Executive Commission on China (the Commission)...more
On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released two interim final rules to reinforce and expand controls on (a) advanced semiconductors and related computing items (the...more
10/27/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Deadlines ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Inspections ,
Manufacturers ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
Over the past few weeks, the interagency Forced Labor Enforcement Task Force (FLETF) has signaled a shift in its strategy for enforcing the Uyghur Forced Labor Prevention Act (UFLPA). On July 26, 2023, the FLETF issued its...more
8/23/2023
/ China ,
Enforcement ,
Entity List ,
Forced Labor ,
Importers ,
Imports ,
International Trade ,
Popular ,
Supply Chain ,
Trade Restrictions ,
Uyghur Forced Labor Prevention Act (UFLPA)
On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Technology Sector
The pandemic’s impact may be subsiding, but businesses are encountering new challenges across the globe, including the potential for an economic retrenchment, rising interest rates, shifting regulatory and litigation...more
12/14/2022
/ Acquisitions ,
Anti-Corruption ,
Antitrust Division ,
Banking Sector ,
Big Tech ,
Board of Directors ,
Bonds ,
Borrowers ,
Capital Markets ,
Capital Raising ,
China ,
Climate Change ,
Convertible Notes ,
Corporate Counsel ,
Corporate Governance ,
Corporate Restructuring ,
Creditors ,
Cross-Border ,
Cryptocurrency ,
Digital Assets ,
Due Diligence ,
Economic Sanctions ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Compensation ,
Financial Services Industry ,
Forum Selection ,
Investigations ,
IRS ,
Lenders ,
Mergers ,
Money Laundering ,
Partnerships ,
Publicly-Traded Companies ,
Recessions ,
Repurchases ,
Russia ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs) ,
Taxation ,
Technology ,
UK ,
Vertical Mergers
The proliferation of U.S. sanctions and other regulations affecting cross-border transactions has implications for directors, who may be personally liable for violations in some cases. Meanwhile, the Securities and Exchange...more
12/9/2022
/ Anti-Monopoly ,
Board Meetings ,
Board of Directors ,
China ,
Competition ,
Compliance ,
Corporate Counsel ,
Corporate Entities ,
Corporate Governance ,
Corporate Minutes ,
Corporate Officers ,
Cybersecurity ,
Disclosure ,
Documentation ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Exports ,
Financial Fraud ,
Financial Reporting ,
Foreign Policy ,
Joint Venture ,
Market Abuse ,
Merger Controls ,
Money Laundering ,
Non-GAAP Financial Measures ,
Revenue ,
Securities and Exchange Commission (SEC) ,
State Administration for Market Regulation (SAMR) ,
US Trade Policies
On June 21, 2022, a key element of the Uyghur Forced Labor Prevention Act (UFLPA) went into effect: the rebuttable presumption. Going forward, any imports of goods mined, produced or manufactured wholly or in part in the...more
Takeaways -
Chinese investments requiring CFIUS review have declined as the U.S. scrutinizes those transactions aggressively, and rules governing interactions with “Chinese military-industrial complex companies” have been...more
Takeaways -
As a national and economic security initiative, the Biden administration is developing policies to protect several critical supply chains.
The Commerce Department is expected to take further measures to...more
On December 16, 2021, the U.S. Congress passed legislation that effectively prohibits imports of goods made either wholly or in part in the Xinjiang Uyghur Autonomous Region (Xinjiang) of China. The prohibition relies on a...more
12/23/2021
/ Biden Administration ,
China ,
Corporate Counsel ,
Customs and Border Protection ,
Economic Sanctions ,
Energy Sector ,
Forced Labor ,
Human Rights ,
Imports ,
Solar Energy ,
Supply Chain ,
Withhold Release Orders (WROs)
On October 4, 2021, U.S. Trade Representative Katherine Tai announced the restart of an exclusion process that could lead to the reinstatement of certain exemptions from tariffs imposed on Chinese imports under Section 301 of...more
10/13/2021
/ Biden Administration ,
China ,
Exclusions ,
Imports ,
Public Comment ,
Requests for Exclusion ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
In this month’s edition of our Privacy & Cybersecurity Update, we examine FINRA’s report on cloud computing, Connecticut’s new safe harbor for companies following certain cybersecurity protocols and a district court dismissal...more
9/1/2021
/ China ,
Cloud Computing ,
Communications Decency Act ,
Consultation Periods ,
Covered Entities ,
Cybersecurity ,
Data Protection ,
Financial Industry Regulatory Authority (FINRA) ,
International Data Transfers ,
Safe Harbors ,
Section 230 ,
Securities Regulation
On November 12, 2020, President Trump signed Executive Order 13959 prohibiting U.S. persons from engaging in any transaction in publicly traded securities in “Communist Chinese military companies” (CCMCs), effective January...more
11/18/2020
/ Biden Administration ,
China ,
Department of Defense (DOD) ,
Executive Orders ,
Foreign Relations ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Securities Transactions ,
Trump Administration
On October 8, 2020, the Office of the U.S. Trade Representative (USTR) issued notices launching two investigations with respect to Vietnam. USTR initiated investigations into the acts, policies and practices of Vietnam...more
10/13/2020
/ Cambodia ,
China ,
Comment Period ,
Countervailing Duties ,
Currency Control ,
Government Investigations ,
Illegal Activity ,
Imports ,
Public Comment ,
Request For Information ,
Section 301 ,
Tariffs ,
Timber ,
USTR ,
Vietnam ,
Wildlife Protection