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FARA-Like or FARA-Light? State Regulation of Foreign Influence

On April 2, 2024, the Georgia State Senate sent Senate Bill 368, which creates a state law version of the U.S. Foreign Agents Registration Act (FARA) for the State of Georgia, to Governor Brian Kemp for his signature. The...more

Third FARA Lawsuit Shows Focus on Civil Enforcement

On April 25, 2023, the U.S. Department of Justice (“DOJ”) filed a civil enforcement action seeking to compel the Federación de Alcades Pedaneo (“FDAP”) to comply with requirements for registrants under the Foreign Agents...more

New Advisory Opinion Extends FARA to Online Networks and Service Providers

In an advisory opinion released last week by the U.S. Department of Justice (DOJ) Foreign Agents Registration Act (FARA) Unit, DOJ adopts a potentially expansive interpretation of FARA that could require online networks,...more

FARA’s Big Finish

At the beginning of the year, we predicted that 2022 would be the next big year for the Department of Justice’s (DOJ) enforcement of the Foreign Agents Registration Act (FARA). And 2022 delivered, though not always in ways...more

A Win for Wynn: Judge’s Dismissal of Civil Case Against Steve Wynn Could Fundamentally Change FARA Enforcement

On October 12, 2022, a federal district judge in the District of Columbia, Judge James E. Boasberg, dismissed a U.S. Department of Justice (DOJ) civil complaint against businessman Steve Wynn, which sought to compel Wynn to...more

Court Documents and Retroactive Registration Show Continued Focus on Expansive FARA Enforcement

The U.S. Department of Justice’s (DOJ) determined approach to identifying violations of the Foreign Agents Registration Act (FARA) shows no signs of slowing down. An inadvertently disclosed warrant revealed that John Allen, a...more

DOJ Seeks to Require U.S. Businessman to Register as a Foreign Agent on Expansive Agency Theory

Earlier this week, the U.S. Department of Justice (DOJ) filed a civil enforcement action seeking to compel U.S. businessman Steve Wynn to register under the Foreign Agents Registration Act (FARA) as an agent of the Chinese...more

FARA Unit Continues Narrow Interpretation Of The Commercial Exemption

Last week’s release of advisory opinions related to the Foreign Agents Registration Act (FARA) – the first such opinions from the new Chief of the Department of Justice’s FARA Unit (the “Unit”) – signal that the Unit will...more

The CLOUD Act One Year Later: DOJ White Paper Aims to Promote Greater Understanding of the Act's Purpose and Impact

Since it was enacted in March 2018, the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) has been controversial with privacy advocates in the United States and the subject of sustained criticism by the European...more

CFIUS Means Business, Unwinding Non-Notified Transactions and Penalizing Non-Compliance with Mitigation Agreements

The Committee on Foreign Investment in the United States (CFIUS) has proven in recent weeks that it is an increasingly powerful force that foreign investors and U.S. businesses alike ignore at their peril. While many paid...more

CFIUS and Technology Export Control Reform: US Department of Commerce seeks comments on the list of “emerging and basic...

The US Export Control Reform Act of 2018 (ECRA) requires the US Department of Commerce's Bureau of Industrial Security (BIS) to develop a corresponding list of “emerging and basic technologies”. To this end, BIS issued the...more

Opportunity to Comment on Emerging Technologies Subject to Future Export and Investment Restrictions

The Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM or the “Notice”) on November 19, 2018, concerning the list of “emerging and foundational technologies”...more

New CFIUS Pilot Program: What Life Sciences Companies and Investors Need to Know (Chinese Version)

As many life sciences companies and investors are aware, the U.S. Department of the Treasury (“Treasury”) recently announced a new “pilot program” for the Committee on Foreign Investment in the United States (“CFIUS”)...more

New CFIUS Pilot Program: What Life Sciences Companies and Investors Need to Know

As many life sciences companies and investors are aware, the U.S. Department of the Treasury (“Treasury”) recently announced a new “pilot program” for the Committee on Foreign Investment in the United States (“CFIUS”)...more

New CFIUS Pilot Program Expands U.S. Government Review of Tech Transactions

The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which became law on August 13, 2018, effected sweeping change to the authority and processes of the Committee on Foreign Investment in the United States...more

CFIUS Reform Enacted: Immediate Impact and Extended Uncertainty

On August 13, 2018, President Trump signed into law the Foreign Investment Review Risk Modernization Act of 2018 (“FIRRMA”) as part of the John S. McCain National Defense Authorization Act for 2019 (“2019 NDAA”). FIRRMA is...more

Location Information Is Protected by the 4th Amendment, SCOTUS Rules

As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent...more

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 2

Arrest of a Chinese National on Hacking Charges Illustrates How U.S. Tactics Are Changing to Meet the New Cyber Threat - In August, Yu Pingan, a Chinese national, was arrested on charges that he conspired to acquire and...more

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