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FTC and DOC Among Agencies to Advance Initiatives in Biden Administration’s ‘Supply Chain Action Plan’

On December 1, 2021, President Joseph Biden released a statement proclaiming that, despite widely reported supply chain problems, “the actions the administration has taken in partnership with business and labor, retailers and...more

“The Number You Have Dialed Has Changed Subscriber” or the Advent of the Reassigned Numbers Database

After years of discussion and planning, the FCC’s Reassigned Numbers Database opened for commercial use on November 1, 2021. Now business callers can register for a paid subscription with the FCC’s designated Administrator,...more

US Broadband in 2021; Policies Promoting Infrastructure, Competition, National Security and Universal Access

During his presidential campaign, President Biden committed “to build back better in rural America” by “expand[ing] broadband, or wireless broadband via 5G, to every American.” Last month, President Biden renewed his focus on...more

USTR Outlines the Biden Administration’s ‘New Approach’ to the U.S.-China Trade Relationship

On October 4, 2021, United States Trade Representative (USTR) Katherine Tai unveiled the contours of the Biden administration’s long-awaited trade policy with respect to China. As hoped for among many in the U.S. business...more

New Petition Renewing Request for FCC Clarification of TCPA Status of “Ringless Voicemail” for “Get Out the Vote” Campaigns

The FCC recently announced a public comment period for a new Petition for Declaratory Ruling that seeks to have the FCC “clarify that delivery of a voice message directly to a voicemail box through ringless voicemail (RVM)...more

FCC TCPA Actions Mid-Year Review

After adopting orders reflecting the majority of implementation deadlines set by the TRACED Act and the Supreme Court’s highly anticipated TCPA decision interpreting the statutory definition of automatic telephone dialing...more

Section 301 Litigation Update: Potential Statute of Limitations Deadline Looms for Challenging List 4A Tariffs

As the litigation in the U.S. Court of International Trade (CIT) challenging the validity of the Section 301 List 3 and List 4A duties marches forward (In Re Section 301 Cases, 1:21-cv-00052), affected importers are...more

EO Bans Transactions in Publicly Traded Securities of ‘Chinese Military-Industrial Complex’ Companies

On June 3, 2021, President Biden issued an Executive Order (EO) amending former President Trump’s November 12, 2020, EO 13959, which prohibited U.S. persons from engaging in certain transactions concerning the publicly traded...more

Biden Administration Completes its Second 50 Days With Continued Pressure on Targeted Countries Using Increased Sanctions and...

The Biden administration continues to utilize United States trade sanctions and export controls as a key tool in its efforts to put pressure on China, Myanmar/Burma and Russia. Since our last update, actions by the U.S....more

Sanctions Update – The First 50 Days

In its first 50 days, the Biden administration has been busy utilizing sanctions and export controls to support its foreign policy priorities of human rights, multilateralism and support for democratic regimes. The U.S....more

Some Clinical Trial Calls Now Eligible for the FCC’s Revised TCPA Exemption

The TRACED Act’s December 30, 2020 deadline was not the end of the FCC’s recent series of actions to bring more clarity to certain forms of TCPA exemptions. Most recently, on January 15, 2021, the FCC issued a Declaratory...more

New Year, New Rules: FCC Modifies Existing TCPA Exemptions, Adopts New “Call Blocking” Requirements, and Clarifies TCPA...

Some welcome the New Year with new goals and new plans while others – the FCC, in particular, welcomes the New Year by wrapping up TCPA rulemakings and issuing other rulings. As expected, a number of TRACED Act items were...more

New Executive Order May Restrict Transactions Involving Chinese Online Payment Apps and Their App Providers

On January 5, 2021, the White House issued an Executive Order to restrict certain transactions “with persons that develop or control” eight designated software applications, due to their perceived connections with the...more

Commerce Releases List of Restricted Military End Users in China and Russia, Changes Hong Kong’s Status Under U.S. Export...

On December 21, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) added 102 Chinese and Russian companies to a new restricted “Military End User” (MEU) list in the U.S. Export Administration Regulations...more

FCC Reconsiders Government Contractors’ Classification as TCPA Non-“Persons”

The FCC in 2016 determined that the federal government was not a “person” subject to the TCPA, and that by extension, federal contractors working within the scope of their delegated authority were also not bound by TCPA...more

Trade Ties Between the U.S. and EU Are Tested — EU Presses Ahead With Tariffs up to $4B on U.S. Goods and Services

In the latest phase of the 16-year trans-Atlantic dispute over government subsidies to The Boeing Company and Airbus SE, on October 26, 2020, the World Trade Organization’s (WTO) Dispute Settlement Body (DSB) authorized the...more

FCC Proposed Rulemaking Presents an Opportunity to Reshape Some Existing TCPA Exemptions

Over the years, one of the biggest challenges many businesses face when assessing TCPA risks posed by a new calling or texting campaign has been determining whether the proposed use case can defensibly rely on one of the...more

Can I Still File a Court Challenge Against the Section 301 List 3 Tariffs?

You may have asked yourself, “can I still file a court challenge against the Section 301 List 3 tariffs?” after learning that over 3,500 importers filed cases at the Court of International Trade (CIT) challenging the...more

Understanding President Trump’s Executive Orders on WeChat and TikTok and How They May Impact You

On August 6, 2020, President Trump signed a pair of Executive Orders (EO) aimed at Chinese social media services WeChat and TikTok. According to the EOs, data collected by these applications “threatens to allow the Chinese...more

Safe Harbors and Erroneous Blocking Redress Measures Adopted by the FCC; Additional Rulemaking Proposed

As we previewed recently, the FCC adopted a set of rule amendments through a Third Report and Order for its “call blocking by default” framework on July 16, 2020. These rules focus on two safe harbors potentially shielding...more

Alleged Oversight and Monitoring of a Messaging Campaign Deemed Inadequate to Establish Agency

Another court decision reminds us that conclusory allegations that an agency relationship exists should not be sufficient to impute TCPA liability on the alleged beneficiary of a messaging campaign. Pleadings that lack...more

President Trump Issues Executive Order on Hong Kong: Implications for U.S. Export/National Security Laws and Import Laws

On July 14, 2020, President Trump issued an Executive Order to begin the process of eliminating policy exemptions under U.S. law that give Hong Kong differential treatment in relation to China. This is the latest in a series...more

Regulatory Updates: FCC to Vote on “Robocall” Measures to Mitigate Erroneous Blocking and to Advance Reassigned Numbers Database...

The FCC recently reported a decrease of approximately 60% of consumer robocall complaints and a drop of approximately 30% in volume of “unwanted robocalls” that were placed in the first half of 2020 as compared to the first...more

The U.S. Imposes New Export Control, Telecommunications and Other Measures in Response to China’s Actions in Hong Kong and...

Each day that passes seems to bring with it ever more rapid and significant changes to the U.S. relationship with China. As detailed in a Faegre Drinker client alert last month, on May 27, 2020, the State Department certified...more

FCC Affirms that Health Plans And Providers Cannot Offer Post-Call Opt-Out In Lieu Of “Prior Express Consent”

The FCC’s Consumer and Governmental Affairs Bureau last week issued a declaratory ruling resolving a long-pending Petition on the question of whether certain healthcare-related calls, given their significance and value for...more

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